Unilateral divorce has decreased the bargaining power of the person who wants the marriage to last and has not engaged in behavior that meets the legal definition of fault. On the other hand, it has increased the bargaining power of the person who is willing to leave.

Stephanie Coontz’s quote delves into the impact of unilateral divorce on the dynamics between spouses during the divorce process. She argues that the introduction of unilateral divorce laws, which allow one spouse to file for divorce without the other’s consent, has shifted the bargaining power within marriages. Specifically, it decreases the bargaining power of the spouse who wishes to preserve the marriage and has not engaged in behavior that legally constitutes fault, such as adultery or abuse. This spouse, under traditional fault-based divorce laws, would have had some leverage in the negotiations, but unilateral divorce laws take away that option.

On the other hand, Coontz suggests that unilateral divorce increases the bargaining power of the spouse who is willing to leave the marriage. By allowing one party to unilaterally end the marriage without proving fault, this person gains significant leverage in negotiations regarding assets, custody, and other financial matters. The spouse seeking to maintain the marriage has limited options if the other party decides to go through with the divorce, leading to an imbalance in power dynamics.

The quote also touches on the broader implications of no-fault divorce laws, which aim to make the divorce process simpler and less contentious. However, Coontz points out that while these laws may reduce the need for adversarial proceedings and false accusations of fault, they also alter the negotiation process by giving more influence to the party choosing to end the marriage. This shift reflects the unintended consequences of legal reforms that aimed to make divorce more accessible but also introduced new forms of power imbalances in marital disputes.

The origin of this quote can be traced to Coontz’s work on marriage and family law, particularly in her writings about the evolution of divorce laws. As a historian and family sociologist, Coontz examines the effects of changes in the legal system on the structure and dynamics of family relationships. Her observations in this quote reflect her broader research on the ways in which the legalization of unilateral divorce has reshaped marital relationships and divorce settlements.