Ethics & Religion
December 8, 2015
Column #1,789
How To Reform No Fault Divorce
By Mike McManus
In
the old days, if a spouse wanted a divorce, there had to be proof that a partner
was guilty of a major fault – adultery, abandonment, or physical abuse. Marriage
was considered a sacred contract agreed to by the man and woman before God and
witnesses.
Then in 1969 California Gov. Ronald Reagan signed America's first No Fault
Divorce law. A spouse could simply allege that the marriage had "irreconcilable
differences," and the divorce was always granted. No fault had to be proven.
Almost all states passed No Fault Divorce by 1975 and America's divorces almost
doubled from 636,000 in 1969 to 1,189,000 by 1979.
Reagan later told his son, Michael, No Fault was his "greatest regret." Michael
wrote about the impact of his dad's divorce to Jane Wyman:
"Divorce is where two adults take everything that matters to a child – the
child's home, family, security and sense of being loved and protected – and they
smash it all up, leave it in ruins on the floor, then walk out and leave the
child to clean up the mess."
In my book, "How to Cut Divorce Rates in Half," I argue that No Fault is
unconstitutional. Both the 5th and 14th Amendments guarantee that "no person be
deprived of life, liberty or property without due process of law." But when
every divorce is granted, how is there due "process of law" to the four of five
spouses who do not want a divorce?
And divorced people ARE deprived of life, liberty and property. A divorced woman
lives 4 years less than a married woman, a divorced husband, 10 years less and
their kids live 5 years shorter lives. Typically the father can only see his
kids two weekends a month – depriving him and his kids of liberty. And creating
two households on the same income as one, deprives both of property.
In testimony I will give this week to a Michigan House Committee on Families,
Children and Seniors, I will suggest four reforms of No Fault Divorce:
First, more time. America's divorce rate of 23% after five years of marriage is
triple the 8% of Britain or France. Why? If a British husband wants a divorce
but his wife does not, they must wait five years to be divorced – and six years
in France. Five or six years is a lot of time for couples to reconcile.
By contrast, Michigan and 22 other states require a ZERO waiting period for
divorce, or only 20-60 days. These states are pushing people to divorce.
Therefore I am proposing that states require a one-year waiting period, and two
years, if the divorce is contested. Neighboring Illinois has such a law, and its
divorce rate is only 44.8% compared to 60% in Michigan. If Michigan had
Illinois' law there would have been only 28,800 divorces instead of 36,000. More
than 7,000 couples would have saved their marriages.
Second, I am suggesting that if one spouse files for divorce, that the couple be
allowed to continue living under the same roof. Every state with a waiting
period requires couples to move apart, which only encourages husband or wife to
begin dating. They should have the option to remain in the home together, if
desired, to encourage reconciliation.
Third, I have two educational suggestions. If the couple has children, before
divorce papers can be filed, they should be required to take a 4-hour course
online that summarizes the impact of divorce on children.
What they will learn is that a child of divorce is three times more likely to
become pregnant as a teenager or to be expelled from school as a teen from an
intact home, five times as apt to live in poverty and six times more likely than
those with married parents to commit suicide and 12 times more apt to be
incarcerated.
No parent wants to push their children into such disasters, but an unhappy
spouse is not thinking about his/her children. They are only thinking of their
pain. This course should prompt many parents to resolve their differences as a
couple to preserve their marriage.
My second educational suggestion is that during the year or two of delay before
the divorce takes effect, states should require the couple to take a course to
improve their skills of communication and conflict resolution. Most couple
divorce because they don't know how to resolve difference amicably, which can be
taught in a day.
Finally, the spouse trying to preserve a marriage should get 70% of family
assets, instead of the usual 50-50 split - and at least 50% of child custody
time.
State law should encourage reconciliation – not divorce.
Copyright © 2015 Michael J. McManus, President of Marriage Savers and a
syndicated columnist. |
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