Documents from the Project

“The Russian Effort to Abolish Marriage,” by a Woman Resident in Russia, published in the 1926 Atlantic Monthly.

A description of life inside Russia after the Bolshevik family law changes, including ‘Post Card Divorce’.

“Dishonest Divorce,” by Reginald Heber Smith, published in the 1947 Atlantic Monthly.

Smith was a prominent member of the Bar who pushed for divorce reform in order to ‘help’ families – especially those reuniting post-WWII. This is a revealing look at some of the arguments for law-change which were mostly about ‘helping’ families.

Ford Foundation Grant Application, 1966 (12 pages)

First Mission Statement of the ABA’s Section on Family Law (1952)

Caleb Foote’s letter to Levy about the Project, Oct. 3, 1969 (1 page)

Caleb Foote’s criticism: “Your uniform marriage law proposals,” Oct. 3, 1969. (9 pages) Prof.

(Foote was Levy’s law professor at U. Penn. and co-authored a Family Law Case Book with him.) In this critique he says, “I was surprised that the marriage section comprised only about 12% of your 343 pages of text and footnotes, but after reading I could only admire your ability to fill that much space.”

Prof. Brigitte Bodenheimer’s criticisms: “Comments on Tentative Drafts 2 and 3 of the Divorce Provisions, June 2, 1969 (15 pages)

…”.the institution of divorce” is apparently considered to be as good as the institution of marriage. p.1
The appropriate form of divorce under these conditions would be divorce by registration in an administrative office. p.3
If the purpose is to use the “breakdown” idea because it has recently become popular and is politically attractive… we are merely exchanging one fictitious divorce law for another of the same type. p.3

UNIFORM MARRIAGE AND DIVORCE ACT (UMDA) – the ‘final draft’ of the ‘uniform’ law which received ABA approval in 1974. (28 pages)

UMDA Project Timeline – prepared by Prof. Maurice Merrill, original chair of the Project and showing the breakdown with the ABA Family Law Section

Florida and the UMDA – a brief history of how the UMDA was implemented in Florida

Irretrievable Breakdown: The View of the Courts, prepared by John M. McCabe, NCCUSL legal counsel

A report prepared around 1972 listing the early caselaw upholding the “irretrievable breakdown” standard, and concluding:
“The Uniform Act provides language of ‘irretrievable breakdown’ to which this growing body of law readily fits.”

NCCSL Promotional Material: “… a three-part series explaining major provisions of the UMDA which is scheduled for consideration in many state legislatures in 1971” (6 pages)

The proposed Uniform Marriage and Divorce Act is designed “to strengthen and preserve the integrity of marriage and to safeguard meaningful family relationships.” p.1.
Divorce “contests” would be eliminated… p.3.
Any “defense” against this allegation [irretrievable breakdown] must show that the relationship can be repaired. p.3.

Ryan v. Ryan Opinion, Florida Supreme Court, Jan. 1973 (27 pages)

It is suggested that a circuit judge… becomes nothing more than a ministerial officer… p.8.
All of the surrounding facts and circumstances are to be inquired into to arrive at the conclusion as to whether or not indeed the marriage has reached the terminal stage based on facts which must be shown. p.9.
If the electorate finds it has been misled in such standards, the polls will open again. p.15.
I am unwilling to assume that the legislature meant to repeal the entire doctrine [“He who comes into equity must come with clean hands.”] without a specific repealing act. p. 21

“Feminist Movement Opened a Divorce ‘Pandora’s Box‘, by Celeste Durant, Miami Herald, Jan. 1, 1974 (1 page)

NCCUSL Report to NCCUSL Executive Committee, by Harold E. Read, Jr. , President, Jan. 18, 1974 (11 pages)

In my opinion, it is fair to say that the real issue is irretrievable breakdown… (letter, p.2)
We as a Section strongly recommend that certain safeguards are necessary and should be provided in the act. (FLS Report, p.2)
The creation of a mere “rubber stamp type” of divorce procedure would not be in the best interests of the family, its individual members and society in general. (FLS Report, p.3)

Statement on the UMDA, by John M. McCabe, Legislative Director at the NCCUSL – undated (8 pages)

A state enacting the Uniform Act… will promote the best interests of the parties. The state will have served its citizens well. p.6

No-Fault Divorce: Born in the Soviet Union? (35 pages)

A 1975 article in Vol. 14 of the Journal of Family Law, by Donald M. Bolas, p. 31-65, poses the question about the origin of no-fault divorce.