QUESTION: Before “no fault” divorce laws were enacted, divorce was a relatively rare occurrence, permitted only when a sound reason (such as abuse) could be established. Given that divorce places children and adults at risk for numerous negative outcomes, should “no fault” divorce laws be revoked?
It can be offered that no-fault divorce laws came about as a reactionary defense against an overwhelming inundation of work to the Family Court System. Before the adoption of no-fault laws, one marriage partner would have to prove the other party acted in a way to cause the breakdown of the marriage. This requirement brought a lot of extra work to the court system. The judges and lawyers would have to spend a lot of time finding out who was lying and who really did what to whom. The no-fault divorce laws have certainly made the judicial process faster.
I don’t know for sure if revoking no fault laws is the answer to the problem of marital discord in America. I think if someone wants out of their marriage, the home life situation can’t be that positive anyway. I don’t know that making the divorce process harder would really change how people treat each other. It might stop people from marrying though. But people live together and raise families unmarried also, so what difference would it make?
Ultimately, it is up to each person in the relationship to decide how they want to treat each other and if they want to stay in the relationship or not, no matter what laws are in place. If I were made to simply say yes or no to the question, I would say the no fault laws should not be revoked. It would seem to me to just prolong an inevitable end, causing more pain, and costing more money for everyone involved.
It is of interesting note that in some states (Louisiana, Arkansas and Arizona) there are laws that give couples the option to choose which laws they would want to apply to their divorce, should the marriage end. The options are “covenant marriage” or the no-fault option. In covenant marriage, couples agree to pre-marital counseling and to limit the grounds and options should they decide to divorce. Having to make that choice would certainly bring about an enlightening premarital discussion.
Perhaps if the "no fault" laws were revoked, then the people of this country would start to take their lives and the decisions they make more seriously. To get married and decide to start a family definitely is the biggest decision that one can make in life. I think it's fair to say that a revocation of the no fault laws is not in our foreseeable future, but imagine what would happen if they were.
ReplyDelete1. The so-called "starter marriages" would be a thing of the past. Before getting married, people would take more time getting marriage advice and counseling. Those that don't would simply come to the marriage counseling game later than others. It's effects would be that the children involved would better learn certain skills, such as conflict resolution, rather than learn that it's acceptable in society to simply take the easy way out.
2. Instead of finding the easy way out (the Easy button - what a sad commentary on the mentality of our society)people would have to be accountable for their own actions and figure out how to make marriage work. The "option" of walking away, with all their baggage in tow, and getting into another relationship with the same faulty ideas about what marriage is supposed to be would no longer be an "option".
In summary, it's because (in my opinion - we all have our own) the laws of our country have constantly morphed to suit the ever changing and oh-so selfish desires of people that we have forgotten the value of living by principle instead of living on our emotions in the moment. Most societies fall from within. It's a debated but well supported belief that society begins to fall when the family structure/unit falls and is no longer of importance in society. If for no other reason, there is such a huge impact on the children of divorced families that we still do not fully comprehend the implications. There is so much that the children of divorced families do not learn through their experience that contributes to being less prepared for adulthood. Again, just my two cents worth...