What Are the Strangest Divorce Laws Across the United States?

 Posted on September 05, 2024 in Divorce

Almost from the beginning, divorce laws have varied immensely by region, with the first American divorce granted in 1639 in Massachusetts. While the law has evolved to the point that the goal is to treat both spouses the same during a divorce, some antiquated divorce laws remain on the books.

By the beginning of the 19th century, divorce, while still rare, was becoming more frequent. The advent of "no-fault" divorce in the 1970s and 1980s resulted in another significant increase in divorce, as spouses were no longer required to prove fault. More recently, divorce rates plateaued and then decreased over the past few years.

There are many odd or surprising laws in every state. Usually, the rationale for the law is no longer relevant or may have been forgotten. Rather than dispensing with laws that are no longer useful, these strange laws simply continue to accrue. While reading strange or interesting facts about divorce laws may be entertaining, divorce itself is rarely ever entertaining.

In fact, divorce can be messy, emotional, chaotic, frustrating, and stressful. You should never try to face the process of divorce on your own. An experienced Naperville, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help ensure your divorce goes as smoothly and quickly as possible.

Ten of the Strangest Divorce Laws Across the United States

• You may have heard of remarrying a spouse, but in the state of Kentucky, it is illegal to remarry the same person four times. Three is fine.

• New Mexico, Hawaii, Illinois, North Carolina, South Dakota, Utah, and Mississippi allow scorned spouses to sue their ex-spouse’s lover for damages under Alienation of Affection laws.

• In the state of Mississippi, you can file under no-fault rules (irreconcilable differences), or you can claim a fault against your spouse. Among the allowed faults, "idiocy" stands out.

• In the state of Tennessee, if your spouse attempts to kill you in a "malicious manner," you have grounds for divorce. If your spouse attempts to kill you in a non-malicious manner, then you cannot use that as grounds for divorce.

• While it is probably never a good idea to treat your mother-in-law badly, in Wichita, Kansas, mistreatment of a mother-in-law specifically cannot be cited as grounds for divorce.

• If you marry someone on a dare in Delaware or Colorado, this is grounds for an annulment.

• A professional degree obtained in New York – like a nursing or law degree – can be considered marital property during the divorce based on earning potential.

• New York also allows a spouse to have his or her marriage annulled if the other spouse goes insane up to five years after the marriage.

• The state of Nebraska considers any marriage in the state between Native Americans that occurred on or after April 8, 1913, not only invalid but also illegal.

• In the state of Connecticut, the law states that if you have not heard from your spouse for seven or more years, you can file for divorce.

Contact a Will County, IL Divorce Lawyer

Divorce is never easy, even under the best of circumstances. What can help make it less difficult is a highly skilled Naperville, IL divorce lawyer from the Law Office of Ronald L. Hendrix, P.C.. Attorney Ronald L. Hendrix understands Illinois state divorce laws and is a court-appointed mediator who holds a master’s degree in guidance and counseling in addition to his law degree.

The decisions you make during your divorce will continue to impact your life for many years. Our attorneys will advise you on strategies that will help you achieve your goals and move forward. Contact the Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule a free consultation.