You're the outlier - and the explanation is simple. Where you are, divorce and family court filings are part of the public record. A request isn't necessary, because the background checking org already can see the full documentation. They care to, because who you are in debt to, can influence you in future. And it takes about 3sec to confirm this, rather than sitting there saying "no, you".
Your employer enjoys your data without your say so [0].
EU, UK [1], Au [2], NZ... They have to ask. So they do.
[0] https://www.dshs.texas.gov/vital-statistics/marriage-divorce...
[1] https://www.equifax.co.uk/Products/learning-centre/marriage-...
[2] https://www.auscheck.gov.au/what-we-do/background-checks