On August 20, 2020, the Nebraska Supreme Court accepted the Thomas More Society’s amicus curiae (“friend of the court”) brief supporting a lawsuit challenging no-fault divorce on constitutional grounds (Dycus v. Dycus).

The Society’s brief surveys research showing the dramatic damage unilateral (“no-fault”) divorce has wreaked on American children. The Thomas More Society presented the brief on behalf of Fr. Paul Sullins, Senior Research Associate of the Ruth Institute and retired professor at Catholic University of America.

The Society’s brief presents Dr. Sullins’ findings, including:

• Unilateral divorce undermines the institution of marriage and the best interests of children, and thus undermines any state interest in its perpetuation.
• Divorce often harms children financially.
• Divorce often significantly reduces children's educational attainment.
• Children of divorce often suffer a wide range of distinct emotional and behavioral problems.

Thomas More Society Senior Counsel Matthew Heffron stated: “Marriage has long been recognized as an original fundamental right, with bedrock religious-liberty implications. Yet under unilateral, no-fault divorce, governments can rip marriage away from a citizen after the barest of legal processes. All that is required is that one spouse request it. And on top of that, it damages children.”

“No-fault divorce is ripe for a constitutional challenge,” he said.

The Nebraska Supreme Court is set to hear constitutional arguments against no-fault divorce laws on September 3, 2020.

Read the Amicus Curiae Brief filed by the Thomas More Society here.