ABSTRACT
Seldom in US history have laws been enacted with higher hopes and poorer results than the no-fault divorce statutes. This chapter examines why the no-fault divorce laws were passed and why unexpected results occurred. It focuses on the California experience because of its central role. Economists have argued that the judge-made common law rules tend to produce more efficient outcomes than legislatively created statutory laws. The economic perspective on the introduction of no-fault divorce recognizes that there was a growing demand for easier procedures for obtaining a divorce in the period after World War II. Without a demand for reform, there would have been no incentive for the legislators to act. Some observers might conclude that the others were lacking in merit--that elected officials considered the options and in their wisdom decided that a more limited divorce reform act would best serve the public interest.
