Dissolving the Relationship Between Divorce Law and Divorce Rates

International Review of Law & Economics, Vol. 18, p. 341, 1998

19 Pages Posted: 1 Sep 2009

See all articles by Ira Mark Ellman

Ira Mark Ellman

Center for the Study of Law and Society, Berkeley Law, University of California, Berkeley; Arizona State University College of Law; Arizona State University (ASU) - Department of Psychology

Sharon Lohr

Arizona State University

Date Written: 1998

Abstract

It is well known that associations can be shown between many things that have no causal link. The inclination to attribute causal connections is nonetheless often strong, particularly in areas of social concern. Surely, most people believe it would be a good thing if marriages were, on average, more durable. The hope that a relatively simple change in the law could bring about such a worthwhile result tempts judgment. But the hope does not survive a careful examination of the data.

This article demonstrates that in almost all states divorce rates began increasing before legal changes to no-fault divorce. Those changes sometimes yielded a short-term increase in the divorce rate of a year or two, but there is no evidence of any long-term effect. It is far more plausible to conclude that divorce rates and divorce laws share causal influences. In the 1960s and 1970s, when changing cultural factors yielded more marital instability, pressures also rose to amend divorce laws to make divorce more accessible. In the 1980s and 1990s, the social pendulum began its return arc. Divorce rates leveled off, then fell, and those who make and comment upon social policy now find restrictive divorce laws more appealing than did their older brothers and sisters. Although the proponents of more restrictive laws hope to bring about societal change, the truth is that, like their predecessors, the change they seek has already begun, and their policy preference may well be its consequence rather than its cause.

Keywords: Family Law, Divorce, Fault Rules

Suggested Citation

Ellman, Ira Mark and Lohr, Sharon, Dissolving the Relationship Between Divorce Law and Divorce Rates (1998). International Review of Law & Economics, Vol. 18, p. 341, 1998, Available at SSRN: https://ssrn.com/abstract=1465709

Ira Mark Ellman (Contact Author)

Center for the Study of Law and Society, Berkeley Law, University of California, Berkeley ( email )

Berkeley, CA 94720-2150
United States

HOME PAGE: http://csls.berkeley.edu/people/csls-affiliates

Arizona State University College of Law ( email )

Box 877906
Phoenix, AZ
United States

Arizona State University (ASU) - Department of Psychology ( email )

950 S. McAllister Ave
P. O. Box 871104
Tempe, AZ 85287-1104
United States

Sharon Lohr

Arizona State University ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

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