How did the legal status of divorce change in many societies during the 20th century?
During the 20th century, the legal status of divorce in many societies shifted away from traditional systemsâwhich often required proof of specific faultâtoward more liberal frameworks based on the principle of mutual consent and individual determination.12
Historically, many legal systems relied on "fault-based" divorce, requiring evidence of specific grievances such as adultery, cruelty, or desertion. However, as social attitudes evolved, many jurisdictions introduced "no-fault" divorce laws. These reforms allowed for the dissolution of a marriage based on grounds such as incompatibility, irreconcilable differences, or the irretrievable breakdown of the relationship, reflecting a move toward recognizing the autonomy of the spouses.1
This transition was part of a broader trend in family law that emphasized the emancipation of individuals and the modernization of marital property rights. While some regions influenced by ancient religious traditions continued to view marriage as indissoluble, the global trend in industrialized nations increasingly favored making divorce more accessible, prioritizing the reality of the human relationship over rigid, dogmatic formulas.3412