DIVORCE
RATES AND LAWS:
USA & EUROPE
By John Crouch, J.D., with Monika Scoville, J.D., L.L.M., Richard Beaulieu,
Ashley Sharpe, Kristen Thrine, Scott Dukat and Sarah Williams.
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The Abstract of the study
Contents of this summary:
Introduction
Results
Analysis
Methods and definitions
Policy Recommendations
Appendices:
The Full European Rates and Laws Chart
The Full US Divorce Rates and Laws Chart
2006 update of study with U.S. 2004 data
Full text of the study
Introduction:
This paper brings together for comparison the divorce rates and certain
relevant divorce laws for the 50 states of the United States of America,
and 22 European nations participating in the Commission for European Family
Law (CEFL).
This work draws from the most authoritative and current sources in the areas
of family law and demographic research. Nonetheless, to present the relevant,
operational features of multiple jurisdictions' no-fault divorce laws, it
was often necessary to weed out inaccurate, irrelevant and confusing information
from even the best secondary sources, and check the statutes themselves,
as the same terms mean different things in different states and countries,
and some laws are overlapping or obsolete.
Results of study:
- Wait periods range 0 to 2 years in U.S., 0 to 6 years in Europe.
- All 8 nations with divorce under 0.2% have:
-mandatory counseling or
-3+ - year waiting periods.
- Of the 13 nations with 0.2 to 0.3% divorce:
-5 have 3+-year wait periods,
-3 have 1- or 2-year wait periods,
-1 has mandatory counseling,
-5 have weaker counseling laws.
- Waiting periods in the U.S.:
-0 highest-divorce states: 9 w/ no wait.
-10 lowest-divorce states: 5 w/ waits.
- States with any waiting period tend to have slightly lower divorce.
- Wait length is significant only with longest waits (with larger incentives
for mutual consent). 2-year wait states have much less divorce than U.S.
average.
Analysis:
- Generally, divorce is rarer and less readily available in Europe than
in the U.S.
- Longer waiting periods and mandatory counseling both correlate strongly,
but not perfectly, with lower divorce rates.
- Optional court-ordered counseling during a divorce does not correlate
with lower divorce rates.
- Reconciliation counseling laws in U.S. are optional and are almost never
used.
- In the U.S., enforced laws correlate with lower divorce; unenforced
laws do not. This suggests laws have some causative role, are not
merely results of the same cultural conditions that cause lower divorce.
- Other important factors are probably geography, religion, age of population,
marriage rate, social rootedness vs. mobility, modernity.
Methods and definitions:
- European divorce rates are annual per capita for 1999, except Italy's
is for 2000.
- U.S. divorce rates and ranks are annual per capita for 2001, latest
available.
- States marked "unknown" do not collect information or statistics
on divorces.
- Wait periods are effective minimum time required before no-fault divorce
is final. May be before or after filing.
- Counseling laws are those that impose or encourage marriage-saving counseling
in the divorce process; NOT mediation or education on other issues, and
not premarital counseling.
- Louisiana, Arizona, and Arkansas have seldom-used Covenant Marriage
laws letting couples choose longer waiting period, mandatory counseling.
Not shown on chart.
- Czech Republic and Germany have rarely-used laws letting judge refuse
a divorce that would cause hardship to spouse or children. Not shown on
chart.
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divorcereform@usa.net
John Crouch, Executive Director
Colleen Fannin Arnold, President
(703) 528-6700
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