Ought to We Do Away With Them?

No fault divorce laws govern divorce proceedings in every state. Divorce laws were enacted in California in 1970 in response to divorce lawyers and judges who objected to what they called high-level conflicts under the law during that time. For the next 40 years, every state jumped on board and eventually rewrote its existing divorce laws using the example of California’s no-fault divorce laws.

When there had to be “grounds for divorce” before a couple could get divorced, the result was many people who wanted a divorce on charges of bad behavior that were wrong. Such allegations created conflict between divorced spouses and increased work for divorce lawyers and judges.

The divorce laws through no fault of their own led to legal changes that allow one spouse to divorce without the other spouse’s permission. Unilateral divorce was introduced and, for the first time, a spouse could apply for divorce based on the other spouse’s objections without having to prove fault.

In many states, these new no-fault laws also played a role in the distribution of marital property during divorce. That is, if a spouse had an affair or a history of domestic abuse, such issues would not be taken into account when “who got what” during the divorce negotiations and whether or not a woman would receive spousal support.

As a result, many studies have shown that no fault divorce laws increased the divorce rate by as much as 88% in some states and as little as ten percent in others. An increased divorce rate means fewer couples and children experience the security that comes with living in a stable marriage.

Reasons Why Divorce Laws Without Flaws Increased Divorce Rates

Hypothetically, it made the divorce cheaper for the party wanting the divorce. The changes in the way property was divided and the likelihood of less spousal benefits being paid have been major contributors to preventing the divorce initiator from suffering financially after the divorce.

Therefore, if a spouse’s bad behavior cannot be accounted for when filing a divorce and property is divided up during the divorce, bad behavior can be encouraged, which in turn leads to a stronger divorce.

The no-fault divorce laws have deprived the spouse of the ability to negotiate in a way that could potentially save the marriage. If fault had to be proven before a spouse could get divorced, the spouse initiating the divorce had to pay in some way. Women paid by the loss of custody of their children. Men paid financially, usually by providing a home for the family he had left and by providing marital assistance to the wife. The no-fault divorce law took away the meaning behind that old saying, “It’s cheaper to keep her.”

“Our main finding is that divorce rates correlate positively and significantly with state laws that do not punish marriage misconduct at the time of divorce. Our study of divorce rates from 1988 to 1991 provides the strongest evidence yet that divorce laws are flawlessly associated with higher divorce rates, ”said Margaret Brinig, author of No-Fault Laws and At-Fault People International Review of Law and Economics.

As a result of the rise in divorce rates in the United States, society has changed its view of exactly what marriage is. Under the law, the marriage of two people as husband and wife in a consensual and contractual relationship is of little concern to most of those who get married today.

A union that legally binds two people and, in most cases, has children, is treated with less respect than two companies that contract to do business. In fact, it is more difficult to get out of a business contract than a prenuptial agreement. Breaking a business contract has legal consequences; breaking a prenuptial contract has no consequences.

How society has changed due to flawless divorce laws

Single women who have children are more tolerant, although 69% of those surveyed by the Pew Family Research Center said they were concerned about the trend. Sixty-one percent of respondents said children are better off when they grow up in a home with more and a father.

Although most respondents felt that having an illegitimate child is bad for society, we as a society are looking the other way. Although the cost to taxpayers is $ 112 billion a year, society is different.

The future of our society depends on the stability of future generations when the majority of children are raised by a single parent, which has proven to be bad for the children’s emotional well-being. What does that say for the future of society?

One of the thoughts behind the no-fault divorce laws was that an easy divorce would enable people to have happier marriages. It was believed that people would learn from their mistakes and make better decisions next time.

However, statistics show that second marriages divorce 60% while third marriages divorce 73% of the time. It seems that flawless divorce laws did not motivate people to change bad behavior, but turned them into people who don’t know how to make a commitment.

Saving families and society by rewriting divorce laws flawlessly

Rewriting divorce laws does not mean forcing people to stay in marriages in which they are not happy. This seems to be the biggest argument against changing divorce laws. Requirements like having therapy before a divorce or the need to be legally separated for a period of time would allow people to get divorced, but also give them the education and time they need to make an informed decision about to meet a divorce.

If through no fault of your own divorce laws are not rewritten as a whole, not just laws related to child benefit or spouse benefit, we will abandon our children. A new generation is growing up and one day it will be their job to keep society together. If marriages continue to fail 50% of the time, we will fail because of our children and society too.

In marriage, there is a lot of emphasis on being happy. People expect marriage to make them happy. If their expectations are not met, divorce is an easy way out. Instead of focusing on building and maintaining the family unit, one is made up of a mother and father who ensure a better future for society and our children.

Most divorces, some say the percentage is as high as 70%, come from low-conflict marriages. According to Dr. Paul Amato “low-conflict marriages that end in divorce are very harmful to children. The surprised children were not aware of the discord. “

The choice, says Dr. Amato, isn’t about staying in a marriage and being unhappy or getting out. “The choice is often to be moderately happy in marriage and to get divorced. For 55 to 60 percent of couples, these aren’t bad marriages. They are just not ecstatic marriages. “

I’ve worked with clients as a relationship and divorce coach for 10 years. I have learned from my experience with clients that being “moderately happy” in your marriage far outweighs the stress and difficulties of divorce. When it comes to keeping families together, rewriting new divorce laws that make it easy to forego an obligation to a spouse and children, I am all for abolishing divorce laws through no fault and starting over.

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