The Top Reasons for Divorce In America

Why Do Marriages Fail?

The percentage of marriages that end in divorce has fallen. How common is divorce? After hitting highs near 42% in both 2002 and 2010, the rate dropped to just over 32% in 2022. That year, just under 674,000 couples obtained a divorce or annulment. While this might seem like a lot, the United States had 955,000 divorces and annulments in 2002.

People are waiting longer to marry, with the median age of first marriages climbing steadily. Married couples are now older and, presumably, understand each other better when they marry. This theory dovetails with the top reasons for divorce in America.

In other words, when looking at the reasons for divorce, these statistics show that couples could avoid many of the divorce risk factors by simply waiting until they have learned more about each other.

Marriages can break down for many reasons. However, the number one reason for divorce arises from a lack of commitment. According to one study, over 70% of couples agreed that this factor played a role in their divorces. The other top reasons for divorce include financial problems, too much conflict and arguing, substance abuse, domestic violence, and infidelity.

In interpreting these results, keep in mind that the study participants could give more than one response. They were simply asked whether they agreed that the factor contributed to their marital problems. Thus, a respondent could have checked both infidelity and a lack of commitment because one signified the other.

Other Contributing Factors to Divorce

Substance use disorders and mental illnesses can lead to divorce, too. These issues create significant conflict as well as resentment. Even in healthy marriages, they can place a serious strain on the relationship.

It’s a common problem, too. In the United States, 84.5 million people over the age of 18 have a substance use disorder or mental illness.

Another issue is heavy social media use. People who spend a lot of time online or creating content can start experiencing issues with their marriages.

Along with the addictive quality of these sites and apps, which have even resulted in social media addiction lawsuits, they can lead to the comparison of lives (leading to dissatisfaction) and secrecy.

Lack of intimacy is another reason why divorce rates are high. Intimacy builds emotional closeness by triggering the release of vital hormones, like oxytocin, which causes bonding. Without intimacy, the chances of infidelity increase, along with the potential of the marriage ending in divorce.

Initiating a Divorce

Another statistic that helps answer the question, “Why do marriages fail?” comes from a study that examined the consequences of divorce. According to this study, women are more likely to file divorce papers to initiate a divorce, even though they expect a negative economic impact from the process.

The reasons behind initiating a divorce may be considered. However, all states offer no-fault divorce as an option. When a petitioner files for divorce in these states, they do not need to give a reason for the divorce. In 17 states, the petitioner cannot provide a reason; the only option is to claim no fault.

The remaining 33 states also offer fault-based divorce. In these states, the petitioner can choose to file a no-fault petition without any reasons for the divorce. However, they could also file a fault-based petition explaining why the petitioner is seeking a divorce.

These states usually have a list of reasons they accept in a fault-based filing. For example, in New York, a petitioner can assert the following grounds for divorce:

• Cruel and inhumane treatment that endangers the petitioner’s safety
• Abandonment for a period of one or more years
• Imprisonment for three or more years after the marriage
• Adultery involving sexual conduct

Louisiana provides a slightly different list of legal reasons for divorce. The grounds for a fault-based divorce in that state include the following:

• Adultery
• A felony conviction and a sentence of death or hard labor
• Physical or sexual abuse of the spouse or child during the marriage
• Issuance of a protective order for the spouse or a child

In some cases, the decision to file a fault-based petition is simply an opportunity to air grievances against the other spouse. However, in other cases, giving valid reasons for divorce can affect the case outcome.

Choosing Between Fault-Based and No-Fault Divorce

One of the aspects to consider when beginning your divorce checklist is whether you should choose a fault-based or no-fault divorce. For an at-fault divorce, you will need to have substantial proof of one of the following:

• Bigamy
• Adultery
• Desertion
• Mental illness
• Addiction
• Fraud
• Mental incapacity at the time of marriage
• Marriage between close relatives
• Criminal conviction
• Impotence at the time of marriage
• Physical or mental abuse

If you don’t have sufficient proof, you may need to file a no-fault divorce and claim irreconcilable differences or incompatibility. The same is true if you have a limited budget and cannot go through a drawn-out divorce process.

In some states, however, being able to prove that the other person acted wrongly in the marriage can help with the distribution of assets and the amount of alimony you may receive or pay, so it may be necessary to pursue a fault-based process.

How the Reasons for Divorce Affect the Outcome of Your Case

States that provide fault-based divorce will often consider who was at fault and the cause of the marital breakdown when issuing the final divorce decree. Thus, while blaming a spouse for the divorce is not necessarily gratuitous, it can persuade a judge to do the following:

• Deny alimony to the at-fault spouse
• Grant extra property to the spouse who was not at fault
• Take property from the spouse who was at fault

For example, New York judges can consider domestic abuse in awarding alimony and dividing the couple’s property. However, the statute ties this factor to economic considerations. Specifically, the court considers whether domestic violence directed at one of the spouses affected their earning capacity or their ability to find employment.

Louisiana, on the other hand, takes a more categorical approach. A spouse can only get alimony if they are not at fault for the divorce. Thus, a spouse can lose the right to seek maintenance if the other spouse asserts any of the reasons in Louisiana’s fault-based divorce statute.

However, Louisiana also uses community property rules to divide the couple’s assets evenly. As a result, each party receives half of the marital assets regardless of the reasons for the divorce or who wronged whom.

Virginia law presents yet another approach. In this commonwealth, the court can consider any of the reasons given in a fault-based divorce petition, including adultery or imprisonment, when dividing the couple’s property. However, this is only one factor among many considered by the judge. The court does not consider the reasons for the divorce when awarding spousal support.

Learn More From ConsumerShield

Your reasons for filing a divorce are very real to you. However, you may need a lawyer’s assistance to understand whether those divorce issues will alter the outcome of your divorce case. ConsumerShield educates people about divorce law and assists in searching for a family lawyer to represent them. Contact us for a free case evaluation.