This is a complicated debate. Few people probably want to ban the ability to divorce altogether, but some people definitely think that divorce has gotten too easy or that it might be important to help people think through the consequences of divorce.
However, this is a real debate. There are a variety of legislatures across the US who have been proposing changes in the last few years. Here are some sample news articles.
- Texas (2017) debating making divorce more difficult to obtain.
- Mississippi (2017) one of only 2 states (North Dakota) that have does NOT have no-fault divorce options.
- Oklahoma (2017) debating the elimination of “incompatibility” as a reason for divorce.
- Love legislation? Bill to chop Louisiana’s divorce ‘cooling-off’ period stirs debate
- Wisconsin lawmakers could end old divorce law that requires waiting 6 months before another marriage Jan 9, 2020
- Proposed bill would alter Maryland’s divorce grounds Jan 24, 2020
- Bid to restrict divorces fails, South Dakota, Feb 19, 2020
So here are some questions to consider in making your argument and some sources to consider in thinking this through.
Why make divorce harder?
- Is there is evidence that divorce is harmful to children or adults?
- Is “divorce” itself really the cause of this harm?
- Is there evidence that people regret getting divorced?
- Is there evidence that people take “getting married” too lightly and give up to easily?
- If you were going to make it harder to get divorced, how would you do this?
- Create a “waiting” period?
- Offer counseling?
- Provide education about the consequences of divorce?
- Is there any evidence that the above approaches work?
Why make divorce easier or at least leave the law alone?
- Is there evidence that staying in a “conflict marriage” is harmful to children and adults?
- What causes the “harm” we associate with divorce?
- Is there evidence that divorce improves the adults and/or children’s well-being?
- If you make divorce harder, what does this do to marriages in which there is domestic violence?
Here are a variety of sources that provide background evidence about the wisdom of making divorce easy or harder.
- NY Times Debate: Making Divorce Harder
- Is Making Divorce Easier Bad for Kids?
- Do Divorce Laws Make Divorce More Likely?
- Research by Bill Doherty & Colleagues:
- Doherty, W. (2015). Reflections on the divorce revolution: Assessing our impact. Psychotherapy Networker, 39 (July/August), 19-25, 42-44.
- Doherty, W. J., Willoughby, B. J., & Peterson, B. (2011). Interest in reconciliation among divorcing parents.Family Court Review, 49, 313-321.
- more work by Doherty
- Hughes posts on Huffington Post
- Hughes, The Effects of Divorce on Children
Some background references about Illinois Divorce Law
Illinois General Assemble. (n.d.) Families. (750 ILCS 5/) Illinois Marriage and dissolution of Marriage Act. Retrieved April 1, 2020 from http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59
Illinois State Bar (2015) Summary of most recent changes in Illinois Marriage & Divorce Law. https://www.isba.org/ibj/2015/11/newandimprovedillinoismarriageanddi
Heyman, M. G. (1978) The Illinois Marriage and Dissolution of Marriage Act: New Solutions to Old Problems, 12 J. Marshall Journal of Practice and Process, 1. https://repository.jmls.edu/cgi/viewcontent.cgi?article=2407&context=lawreview
Johnson, W. D. (1975). Marital dissolution and the adoption of no-fault legislation. Illinois Legislative Studies Center, Sangamon State University, ILSC paper, no. 2.
Vlosky, D. A., & Monroe, P. A. (2002). The effective dates of no‐fault divorce laws in the 50 states. Family Relations, 51(4), 317-324. http://www.jstor.org/stable/3700329