1973 American Bar Association Reports, page 792

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Below are excerpts transcribed from the report.]

 

Excerpts from: "REPORT OF THE SECTION OF FAMILY LAW"

"At the 1972 Midyear Meeting, the House of Delegates, by a vote of 170 to 72, refused approval of the Uniform Marriage and Divorce Act presented by the Commissioners…"

.... "By agreement action was deferred at the 1972 Annual Meeting at the request of the Section, and at the 1973 Midyear Meeting at the request of the Commissioners."

"The Section’s Council and its Special Committee expressed its unanimous disapproval of the Act presented by the Commissioners;  in addition, the Young Lawyers Section and the National Association of Women Lawyers have opposed approval of the Commissioners’ Act.  It has been falsely represented that the Section has been opposed to the Act because lawyers will not make as much in so-called uncontested no-fault divorces;  peculiarly, 50% of the Section’s Council and of its larger Special Committee consist of persons who are not actively engaged in the practice of law, but are judges, law professors, legal publication writers, a State government employee, and a law student representative.  We are certain also that the Delegates who voted not to approve the Act also did so out of genuine concern for the interests of society and not for personal profit."

"The phrase “no-fault” has so permeated society that it is presented as a panacea that will cure all legal problems of any kind.  It alone will not accomplish this as to marital discord.  Permitting a spouse to obtain a dissolution of marriage by merely stating that the marriage is irretrievably broken gives only lip service to the judicial process. The hostility in marriage dissolution will not be eradicated by mere removal of the fault grounds;  hostility arises because of (1) existence of fault,  (2) objection by one spouse to divorce,  (3) desire of each for custody,  (4) financial disputes,  (5) visitation conflicts, and  (6) emotional problems."