Missouri Senator Josh Hawley has taken a public stance on the legal dissolution of marriage, specifically regarding laws that permit divorce without requiring proof of wrongdoing by either party. These laws allow a marriage to be terminated based on irreconcilable differences, meaning the spouses no longer get along and the marriage is irretrievably broken. As an example, a couple can pursue a divorce where neither partner accuses the other of adultery, abandonment, or abuse; the simple assertion that they can no longer coexist is sufficient.
The significance of this perspective centers on its potential impact on family law and the institution of marriage. Proponents of fault-based divorce argue that removing the requirement of demonstrating fault undermines the sanctity of marriage and potentially disadvantages individuals who may have been wronged within the marital relationship. Historically, divorce required establishing grounds such as adultery or abuse, providing a legal framework that placed emphasis on marital vows and responsibility. Eliminating the fault requirement shifts the focus to individual autonomy and the right to exit a marriage based on personal dissatisfaction, which some argue can lead to easier and more frequent divorces.
