Wednesday, May 3, 2023

Dangerous Divorces

From Time:

Of the almost 700,000 divorces in the United States each year, 70% of them are initiated by women. In 2021, one of us (Rebecca) became one of those women when she sought a divorce in her home state of North Carolina. But she was surprised to learn that before she could even file, she needed to wait a full year first, as North Carolina is one of a handful of states that mandates a separation period before couples are allowed to file for divorce. Although she was sure of her decision, Rebecca couldn’t do anything but count down the days on the required clock—and stay legally married.

As a former state policy advisor and an investigative journalist, we teamed up to better understand the requirements that can prevent people from leaving unhappy marriages. Together, we researched state-by-state divorce policies and interviewed leaders in advocacy and law in an effort to make information more accessible in what is an intentionally complicated system. What we found was striking: Divorce in the U.S. is governed by an arbitrary constellation of policies that impede the freedom to end a marriage and have a disproportionately harmful impact on women. And as confusing and inconvenient as these laws were for Rebecca, the impact they can have on women in financially unstable or violent relationships is nothing short of devastating. Policies that make people wait to get divorced are paternalistic at best, and dangerous at worst.

Read more here.

https://lawprofessors.typepad.com/family_law/2023/05/dangerous-divorces.html

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