Ethics & Religion
Column #1,979
July 24, 2019
Let's Reform No Fault Divorce!
By Mike McManus
Fifty years ago this week California Governor Ronald Reagan signed
America's first No Fault Divorce Law. It gave either the husband or wife
the right to file for divorce, without any allegation of fault by their
partner - and always get the divorce.
In the old days, if a spouse wanted a divorce, there had to be proof
that their partner was guilty of a major fault such as adultery,
abandonment or physical abuse. Marriage was considered a sacred contract
in which both man and woman agreed to remain together "until death do us
part" - a commitment made before friends, family and God.
However, in No Fault Divorce, one partner simply alleges that there are
"irreconcilable differences" - and the divorce is always granted. No
fault has to be proven. Almost all states passed similar No Fault laws
by 1975.
The result? America's divorces almost doubled from 636,000 in 1969 to
1,169,000 by 1979. In fact, Reagan wife, Jane Wyman, divorced him.
His son, Michael, wrote a book in which he charged, "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 they walk out and leave
the child to clean up the mess."
Ron Reagan later acknowledged to his son that passing No Fault Divorce
was his
"greatest regret" in public life.
In my book, How To Cut America's Divorce Rate in Half - A Strategy Every
State Should Adopt - I argue that No Fault is unconstitutional. Both the
5th and the 14th Amendments to the Constitution 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 spouse defendants 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 children experience 5 years shorter
lives.
Also, divorced husbands can visit their kids only 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.
I propose four reforms of No Fault Divorce:
- First, more time. America's divorce rate after five years of marriage is
23% - triple the 8% rate of Britain and France. Why? If a British man
wants a divorce, but his wife does not, historically they have had to
wait five years to be divorced - and six years in France. Five or six
years is a lot of time for couples to reconcile. (Sadly, Britain adopted
No Fault Divorce this year, and will soon see a soaring divorce rate.)
By contrast, Michigan and 22 other states have a ZERO waiting period, or
only 20-60 days. Therefore, I propose that states require a one-year
waiting period, and two years, if it is contested, or if there are
children. Neighboring Illinois has such a law, and a much lower divorce
rate.
- Second, remain under same roof. Every state with a waiting period
requires couples to move apart if a divorce has been filed. That only
encourages either to begin dating - not reconciling. They should have
the option to remain in the same home together to encourage
reconciliation.
- Third, two educational suggestions: If the couple has children, before
divorce papers can be filed, they should be required to take a 4-hour
on-line course summarizing 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 more apt to live in poverty, six times
more likely to commit suicide, and 12 times more apt to be incarcerated.
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 couples divorce because they do not know how to resolve
differences amicably, which can be taught.
- Fourth, the spouse trying to preserve the marriage should get 60% of
family assets- instead of the usual 50-50 split.
State laws should encourage reconciliation - not divorce.
__________________________
Copyright (c) 2018 Michael J. McManus, President of Marriage Savers and
a syndicated columnist. To read past columns, go to
www.ethicsandreligion.com. Hit
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