Legal Definitions - Model Marriage and Divorce Act

The term Model Marriage and Divorce Act refers to the Uniform Marriage and Divorce Act (UMDA). This is a comprehensive set of legal principles and provisions drafted by the National Conference of Commissioners on Uniform State Laws (now known as the Uniform Law Commission) for states to consider adopting.

The purpose of the UMDA, like other "uniform acts," is to encourage consistency and modernization in state laws across the United States. It serves as a template or "model" that state legislatures can use, in whole or in part, to update their own statutes governing marriage, divorce, property division, child custody, and child support. The UMDA was particularly influential in promoting the concept of "no-fault" divorce, where a marriage can be dissolved without one party having to prove fault (like adultery or abandonment) on the part of the other.

Here are some examples illustrating the application of the Model Marriage and Divorce Act:

• Example 1: Legislative Review and Adoption

  The state of "Evergreen" is looking to modernize its family law statutes, which still require proof of fault for a divorce. A legislative committee is tasked with researching best practices. They extensively study the Uniform Marriage and Divorce Act, specifically its provisions for "no-fault" divorce based on irreconcilable differences. The committee recommends adopting these model provisions, believing they will reduce animosity in divorce proceedings and align Evergreen's laws with the majority of other states. The legislature then drafts and passes new laws incorporating these UMDA principles.

  This example demonstrates how the UMDA acts as a "model" or template for states to review and potentially adopt when reforming their own marriage and divorce laws.

• Example 2: Judicial Interpretation in an Influenced State

  In "Riverbend State," a couple, Sarah and Tom, are going through a divorce. While Riverbend State never formally adopted the entire Uniform Marriage and Divorce Act, its current statutes regarding the equitable distribution of marital property and the "best interests of the child" standard for custody decisions were heavily influenced by the UMDA's model language when they were enacted decades ago. The judge presiding over Sarah and Tom's case applies these statutes, which reflect the UMDA's emphasis on fairness in property division and prioritizing the child's well-being, even though the state's law isn't explicitly called the "UMDA."

  This illustrates how the UMDA's principles can shape state law indirectly, influencing the drafting of statutes that judges then apply, even if the state hasn't adopted the entire model act verbatim.

• Example 3: Academic Discussion and Legal Reform Advocacy

  During a national conference on family law, legal scholars and advocates are discussing potential reforms to child support guidelines across the country. One presenter refers to the Uniform Marriage and Divorce Act as a foundational document, highlighting its original framework for calculating child support and how it influenced subsequent state-specific guidelines. They use the UMDA's approach as a benchmark to analyze current disparities and propose new, more equitable models for child support, demonstrating its ongoing relevance as a reference point for legal development.

  This example shows the UMDA's role as a significant historical and conceptual "model" that continues to inform discussions, research, and advocacy efforts aimed at improving family law, even many years after its initial drafting.