On behalf of Ronald H. Kauffman, P.A. posted in Divorce on Monday, May 20, 2013.

Florida abolished fault as grounds for filing a divorce. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” But is no fault divorce the reason the United States has a high divorce rate? Many people think so, and want to return to the old “fault” system to promote families.

A new bill in Iowa, Iowa House File 338, would require one of five conditions for a divorce to proceed in a marriage involving children: adultery, physical or sexual abuse, imprisonment, if one spouse is missing more than a year or if the couple has lived apart for more than two years.

The bill’s author, Rep. Ted Gassman, says he will continue to push for banning no-fault divorce if minor children are involved, saying:

This basically is an attempt on my part to keep fathers in the home. I sincerely believe that the family is the foundation of this nation and this nation will go the direction of our families. If our families break up, so will this nation.

There’s a 16-year old girl in this whole mix now. Guess what? What are the possibilities of her being more promiscuous? What are the possibilities of all these other things surrounding her life that a 16-year old girl, with hormones raging, can get herself into?

Despite the attack no fault-divorce laws are under, no fault laws exist in all 50 states to make it possible for one party to get a divorce without proving any bad behavior took place, and without getting the permission of the other spouse.

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws are the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom. We will have to see if Florida, like Iowa, will introduce a bill to eliminate “no-faul” divorces.