Last month, my family law firm saw a major bump in the number of divorce inquiries. While I can’t say for sure what’s driving this trend, I know my firm isn’t the only one experiencing it, and some divorce attorneys believe it’s connected to former President Donald Trump’s reelection.
What I can say with assurance is that it’s a funny time of year to kick off the divorce process—most couples prefer to wait until after the holidays (January’s been unofficially nicknamed “divorce month” for this reason). One might begin to wonder: How might an election be responsible for driving this kind of urgency?
My guess is that recent political rhetoric suggests no-fault divorce could come under attack in the years ahead. For Washington state residents, though, there’s good news: The state’s legal framework and political climate provide strong safeguards.
Let’s explore the history of no-fault divorce, its significance in the U.S., and why Washingtonians can feel reassured about their options.
No-Fault Divorce: A Brief History
We saw no-fault divorce first take shape in California in 1969 when then-Gov. Ronald Reagan signed the Family Law Act. This landmark law allowed couples to divorce without proving wrongdoing, like infidelity or abuse—something that had previously been required in most states.
Unlike fault-based divorce, which necessitates one partner assigning blame to the other, no-fault divorce enables a marriage to be dissolved due to irreconcilable differences or an irretrievable breakdown. Reagan, who had been through a divorce himself, said he signed the bill with the hope of making the process less antagonistic—particularly for families with children.
The new model caught fire, and by the mid-1980s nearly every state had adopted no-fault divorce laws, reshaping the landscape of marriage dissolution across the country. Today, all 50 states recognize no-fault divorce, making it the most common way couples legally separate.
Why No-Fault Divorce Matters
No-fault divorce was a game-changer for several reasons. It made divorce more accessible, reducing the financial and emotional toll of proving fault in court. Instead of airing grievances and making ugly allegations, couples could end their marriage with more privacy and dignity.
The benefits go far beyond a courtroom, though. In 2003, the National Bureau of Economic Research found that states with no-fault divorce laws saw a 20% decline in female-suicide rates and significant reductions in domestic violence against both women and men. These laws also lifted some of the stigma around divorce, allowing people to prioritize their happiness and safety without unnecessary judgment.
Washington State’s Approach to No-Fault Divorce
Washington state adopted no-fault divorce in 1973, just a few years after California. Under current law, one party to a marriage simply needs to declare their marriage “irretrievably broken” to start the divorce process; the opposing party has no power to stop the proceedings. There’s no requirement to prove fault or wrongdoing, which helps keep proceedings more straightforward and less combative.
This approach aligns with Washington’s broader focus on progressive family law. The state’s legal system emphasizes equitable division of assets and shared child custody; it also supports the fairly recent concept of collaborative divorce. Washington law prioritizes the well-being of the entire family unit and requires mediation in most cases in the hope of allowing divorcing parties to avoid court altogether.
Could No-Fault Divorce Be Rolled Back?
In recent years, some conservative groups have criticized no-fault divorce, claiming it undermines the sanctity of marriage. Vice President-Elect J.D. Vance, for instance, has argued that the process is too easy and should face tighter restrictions—especially for couples with children.
Recent efforts to roll back no-fault divorce have surfaced in states including Texas, Louisiana, Mississippi, and more. In January 2024, an Oklahoma lawmaker proposed a bill to eliminate no-fault divorce. A similar bill in South Dakota has been reintroduced multiple times since 2020 (though it consistently fails). Nebraska is another state that has seen proposed legislation restricting no-fault divorce.
Why Washington Residents Shouldn’t Worry
Here’s the bottom line: Divorce laws are determined at the state level, not federally. In Washington, the Democratic supermajority, and, quite frankly, the will of the people, make it highly unlikely that Washington divorce statutes will be repealed or amended anytime soon.
Washingtonians no-fault system has been in place for over 50 years and remains an integral part of our state’s family law, where the emphasis on fairness, privacy, and minimizing harm to families is deeply aligned with the state’s values.
Final Thoughts
No-fault divorce allows couples to end their marriages with less conflict and more dignity. While debates over its future may arise, Washington’s legal and political climate makes it clear that residents of the “Evergreen State” can count on their family law system to prioritize equitable solutions that respect individual freedoms and family well-being.
Amanda DuBois. Amanda is the founder and managing partner of DuBois Levias Law Group, a woman-owned boutique family law firm based in Seattle and serving King, Snohomish and Jefferson Counties. More at http://duboislaw.net.
