In response to frustration among legal practitioners regarding fabricated legal marital controversies and divorce difficulties, California Governor Ronald Reagan signed the Family Law Act of 1969, resulting in the country’s first no-fault divorce law. No-fault divorce became available to spouses who filed either a unilateral divorce (without the spouse’s consent) or a consensual divorce (with the spouse’s consent). The rest of the country followed suit over the next 15 years, resulting in a skyrocketing divorce rate.

The law’s supporters said it would do away with lengthy trials, reduce animosity, contain costs, and spare people additional emotional pain. The reality of divorce proceedings was much darker. With unilateral divorce, couples often took adversarial roles–the very thing the original law’s proponents thought would be avoided. When children are involved, divorce can be more contentious. Parents usually try to demonstrate the other isn’t a fit parent—pitting one spouse against the other for an advantage with custody, child, and spousal support orders.

Why do we tolerate unilateral divorce, where the power rests in one person’s hands to vote on behalf of the whole family? Doesn’t the fact that a spouse can call it quits without the other’s consent raise questions concerning the vows taken and the institution of marriage itself? With no-fault divorce, is your marriage secure? At any time, your spouse can pick up and leave.

Why isn’t the marriage contract as consequential as any other ordinary business contract? A contract is legally binding, which means the law provides a remedy if the contract is not fulfilled. When one party fails to perform a term of a contract without a legitimate legal excuse, the contract has been breached. There will be legal remedies. Monetary compensation is often awarded to the injured party to the contract.

When you enter into a marriage, you have a written agreement with the state (the domestic relations law) and a verbal contract (your wedding vows). In a marriage…

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