* Until recently, there was no no-fault divorce. You couldn't up-and-leave a marriage without good cause. If your husband was beating you or your wife committed adultery, that was a valid reason. If you got bored, existential ennui, or married for child support in the first place, you were SOL unless the other party agreed. People were expected to make it work.
* All sorts of fraud laws around sex and sexual behavior. If we had sex because I promised to marry you, I was expected to marry you. Marriage was viewed as a legal agreement.
... and so on.
Most of it had problems, but there were some good ideas in there too. Adapting those to a 21st century framework of equal rights would be challenge, both intellectually and politically. There was a history of perverse, unintended consequences, intertwined changes, etc. and a discussion like this would be a political hot potato.
Divorce is also a massive industry and political lobby. It intertwines itself with social justice and feminism, so it's hard to tease out, but a lot of work is actively done to break up families, since lawyers, guardians ad litem, etc. profit. A lot of that hits low-income families, despite low-income divorce happening without bringing this industry in.
* The law treated illegitimate children as illegitimate. It was harsh to be born out of wedlock. (https://www.hg.org/legal-articles/inheritance-rights-for-leg...). No child support. No inheritance. Etc.
* Until recently, there was no no-fault divorce. You couldn't up-and-leave a marriage without good cause. If your husband was beating you or your wife committed adultery, that was a valid reason. If you got bored, existential ennui, or married for child support in the first place, you were SOL unless the other party agreed. People were expected to make it work.
* All sorts of fraud laws around sex and sexual behavior. If we had sex because I promised to marry you, I was expected to marry you. Marriage was viewed as a legal agreement.
... and so on.
Most of it had problems, but there were some good ideas in there too. Adapting those to a 21st century framework of equal rights would be challenge, both intellectually and politically. There was a history of perverse, unintended consequences, intertwined changes, etc. and a discussion like this would be a political hot potato.
Divorce is also a massive industry and political lobby. It intertwines itself with social justice and feminism, so it's hard to tease out, but a lot of work is actively done to break up families, since lawyers, guardians ad litem, etc. profit. A lot of that hits low-income families, despite low-income divorce happening without bringing this industry in.