Tag Archives: Frivorce

If we seriously want men to marry and become fathers, let’s repeal no-fault divorce

I saw a very good article at the Heritage Foundation web site about the importance of fathers for children. The author Virginia Allen listed out some of the benefits that fathers provide to children:

Studies have found that children raised without a father are:

  • At a higher risk of having behavioral problems.
  • Four times more likely to live in poverty.
  • More likely to be incarcerated in their lifetime.
  • Twice as likely to never graduate high school.
  • At a seven times higher risk of teen pregnancy.
  • More vulnerable to abuse and neglect.
  • More likely to abuse drugs and alcohol.
  • Twice as likely to be obese.

From education to personal health to career success, children who lack a father find themselves at a disadvantage to their peers raised in a two-parent household.

I was looking for a good analysis of why there’s been a decline of marriage and fatherhood, and I found an article by Joe Carter on far-left The Gospel Coalition, of all places. By looking at marriage rates and historical events that changed the marriage rate, he was able to identify the cause of the decline of marriage – and fatherhood.

Marriage and divorce rates per capita
Marriage and divorce rates per capita

I’ll spare you the statistical analysis, which is excellent, and give you the conclusion – although you can guess it from the graph above:

Now that we’ve explored the data, what year should we use as the marker for the beginning of the decline of marriage in the United States? I would argue for 1985, the last year that the marriage rate topped 10 percent.

[…]What changed in 1985 that could have led to the decline in marriage? There are likely numerous factors—which we’ll examine in future articles—but one stands out in particular: By 1985, all states (except for New York) had enacted no-fault divorce legislation.

The most helpful book I know of about no-fault divorce is “Taken Into Custody”, by Dr. Stephen Baskerville. He wrote a column  for Crisis magazine that summarizes some of his ideas.

Excerpt:

Feminists were drafting no-fault divorce laws in the 1940s, which the National Association of Women Lawyers now describes as “the greatest project NAWL has ever undertaken.”

The result effectively abolished marriage as a legal contract. Today it is not possible to form a binding agreement to create a family.

The new laws did not stop at removing the requirement of citing grounds for a divorce, to allow divorce by mutual consent, as deceptively advertised at the time. Instead they created unilateral and involuntary divorce, so that one spouse may dissolve a marriage without any agreement or fault by the other.

Here’s what divorce does to the spouse who is the victim of the unilateral “no-fault” divorce:

Though marriage is a civil matter, the logic quickly extended into the criminal, including a presumption of guilt against the involuntarily divorced spouse (“defendant”). Yet formal due process protections of criminal proceedings did not apply, so forcibly divorced spouses became quasi-criminals not for recognized criminal acts but for failing or refusing to cooperate with the divorce by continuing to claim the protections and prerogatives of family life: living in the common home, possessing the common property, or—most vexing of all—parenting the common children.

Following from this are the horrendous civil liberties violations and flagrant invasions of family and individual privacy that are now routine in family courts. A personalized criminal code is legislated by the judge around the forcibly divorced spouse, controlling their association with their children, movements, and finances. Unauthorized contact with their children can be punished with arrest. Involuntarily divorced parents are arrested for running into their children in public, making unauthorized telephone calls, and sending unauthorized birthday cards.

In my conversations with men, no-fault divorce laws, and anti-male divorce courts are the main reasons given for why they do not pursue marriage and fatherhood. Men do not want to be coerced in a marriage with the threat of divorce by an unhappy wife. Men do not want to be subject to the government in so many areas of their lives if the wife does carry out the threat. They especially don’t want to be separated from their children. One my secular male friends told me that he would not marry unless the woman had evidence in her past of hating radical feminism and no-fault divorce. This was the main criteria. He actually was able to find a woman who was a men’s rights activist who hated divorce. But that was the only way he would marry.

Statistically speaking, the wife is more likely to initiate divorce than the husband. Women initiate 70% of divorces, the majority of those just because she is “unhappy”. I think this is because women get into marriage based on their feelings, and they think that it is the husband’s job to make them feel good. They see their happiness as the primary goal of the marriage, and see a marriage that does not make them happy as a marriage that needs to be ended.

Are we going to repeal no-fault divorce, then?

No-fault divorce was seen as a boon to women who had married the wrong men by following their hearts. It’s an interesting question to ask whether women really would want no-fault repealed. It would mean that they would have to get serious about who they marry, instead of just getting into marriage based on feelings. They would have to evaluate men according to expectations of what a man does in a marriage, instead of on feelings. They would have to think about what men want out of a marriage, and prepare themselves to provide for his needs. They would have to say no to their feelings, when choosing a man, and in keeping a man after the wedding.

If women aren’t willing to demand the repeal of no-fault divorce laws and get serious about men and marriage, then what’s the point of complaining that men don’t want to marry and become fathers? If you’re not willing to fix the root cause of the problem, then don’t complain about the problem.

Suzanne Venker interviews Dr. Stephen Baskerville about divorce and its beneficiaries

Marriage and family
Marriage and family

I am just LOVING the Suzanne Venker podcast. You should subscribe if you like discussions with experts about marriage, divorce, feminism, sex and relationships. Recent guests: Christina Hoff Sommers, Rollo Tomassi, Janice Fiamengo, Denise McAllister, Katy Faust, Helen Smith, Joy Pullmann, Heather Mac Donald, Mona Charen, Dr. Laura, Dennis Prager, Allison Armstrong, etc.

You can listen to the episode here.

And it came with a free summary:

Children of divorce are in desperate need of a relationship with both their parents. Sadly, far too many are reduced to having a relationship with only one parent: the mother.

Citing a principle called the “best interest of the child,” family courts award sole or primary custody of most children of divorced parents to mothers, thereby reducing fathers to occasional visitation and zero authority.

The silence on this issue is deafening, and this silence comes just as much from the right as it does from the left. It even comes from churches.

Making matters worse is that divorce is no longer fault-based. Unilateral divorce is now the law of the land, and three-fourths of divorces are initiated by wives. Women don’t have to allege any fault by the husband, and he has no right to oppose the divorce.

To address this monstrous social travesty, I could think of no one better than Stephen Baskerville, former Professor of Government at Patrick Henry College. Stephen is widely recognized as a leading authority on fatherhood, family policy, and sexual politics. He holds a Ph.D. from the London School of Economics and writes on political ideologies with an emphasis on religion, family policy, and sexuality. His books include The New Politics of Sex and Taken Into Custody: The War against Fathers, Marriage, and the Family.

Stephen serves on advisory boards to the Ruth Institute, the Men’s Health Network and other organizations. His website is http://www.stephenbaskerville.com.

IN THIS EPISODE:

5:00-8:00 How Stephen began writing on the “divorce industry,” the political dynamics involved and about no-fault divorce: why it disproportionately affects fathers.

8:00 How women are encouraged to get divorced and take the children, make false accusations against fathers etc.

10:24 How men are less likely to use children as weapons against the other spouse

10:45  The Myth of the Deadbeat Dad

14:00 What is no-fault divorce and why is it wrong, why is it a system of “chaos” and why we need to “enforce the constitution” when it comes to divorce

11:40 – 16:00  How the Bill of Rights is violated in many divorce cases and how basic constitutional rights are being violated.

17:00  How political correctness keeps ups from being able to address it and solve the problems with no-fault divorce and how both the left and right wing media both ignore it

19:00  How even Ronald Reagan admits he was deceived when he signed the first No Fault divorce legislation into action in CA. How there was also no public debate or discussion at the time it was enacted and throughout the years until now

19:45 How these laws have affected the social structure, including crime, fatherlessness in homes, etc.

20:49-22:50  What does Stephen tell and recommend for fathers as recourse for these issues?

24:35-30:30  Why the effects of the sexual revolution have led to the the West to brink of social and economic ruin (this includes sexual chaos, domestic violence, sexual harassment, etc.)

30:45 – Why feminism has not created a “utopia” for a women

33:00 – Stephen discusses single parent homes and the breakdown of the family

36:20 How the church not being involved in marriage has created a vacuum for the lawyers, social workers, judges and therapists to step in

37:45 Stephen talks about the idea of being “offended” and why men are responsible for stepping up and being leaders

For a virgin who has not and probably never will marry, I have had a lifelong interest in how to date and marry the right way – in order to get results and leave a legacy. So I know all these speakers, and have books my many of them (Dr. Laura, Janice Fiamengo, Helen Smith, Dr. Laura, Christina Hoff Sommers, Stephen Baskerville, etc.) in my house. I’m fascinated by these issues and know very much about what does and does not work in a marriage.

If we seriously want men to marry and become fathers, let’s repeal no-fault divorce

I saw a very good article at the Heritage Foundation web site about the importance of fathers for children. The author Virginia Allen listed out some of the benefits that fathers provide to children:

Studies have found that children raised without a father are:

  • At a higher risk of having behavioral problems.
  • Four times more likely to live in poverty.
  • More likely to be incarcerated in their lifetime.
  • Twice as likely to never graduate high school.
  • At a seven times higher risk of teen pregnancy.
  • More vulnerable to abuse and neglect.
  • More likely to abuse drugs and alcohol.
  • Twice as likely to be obese.

From education to personal health to career success, children who lack a father find themselves at a disadvantage to their peers raised in a two-parent household.

I was looking for a good analysis of why there’s been a decline of marriage and fatherhood, and I found an article by Joe Carter on far-left The Gospel Coalition, of all places. By looking at marriage rates and historical events that changed the marriage rate, he was able to identify the cause of the decline of marriage – and fatherhood.

Marriage and divorce rates per capita
Marriage and divorce rates per capita

I’ll spare you the statistical analysis, which is excellent, and give you the conclusion – although you can guess it from the graph above:

Now that we’ve explored the data, what year should we use as the marker for the beginning of the decline of marriage in the United States? I would argue for 1985, the last year that the marriage rate topped 10 percent.

[…]What changed in 1985 that could have led to the decline in marriage? There are likely numerous factors—which we’ll examine in future articles—but one stands out in particular: By 1985, all states (except for New York) had enacted no-fault divorce legislation.

The most helpful book I know of about no-fault divorce is “Taken Into Custody”, by Dr. Stephen Baskerville. He wrote a column  for Crisis magazine that summarizes some of his ideas.

Excerpt:

Feminists were drafting no-fault divorce laws in the 1940s, which the National Association of Women Lawyers now describes as “the greatest project NAWL has ever undertaken.”

The result effectively abolished marriage as a legal contract. Today it is not possible to form a binding agreement to create a family.

The new laws did not stop at removing the requirement of citing grounds for a divorce, to allow divorce by mutual consent, as deceptively advertised at the time. Instead they created unilateral and involuntary divorce, so that one spouse may dissolve a marriage without any agreement or fault by the other.

Here’s what divorce does to the spouse who is the victim of the unilateral “no-fault” divorce:

Though marriage is a civil matter, the logic quickly extended into the criminal, including a presumption of guilt against the involuntarily divorced spouse (“defendant”). Yet formal due process protections of criminal proceedings did not apply, so forcibly divorced spouses became quasi-criminals not for recognized criminal acts but for failing or refusing to cooperate with the divorce by continuing to claim the protections and prerogatives of family life: living in the common home, possessing the common property, or—most vexing of all—parenting the common children.

Following from this are the horrendous civil liberties violations and flagrant invasions of family and individual privacy that are now routine in family courts. A personalized criminal code is legislated by the judge around the forcibly divorced spouse, controlling their association with their children, movements, and finances. Unauthorized contact with their children can be punished with arrest. Involuntarily divorced parents are arrested for running into their children in public, making unauthorized telephone calls, and sending unauthorized birthday cards.

In my conversations with men, no-fault divorce laws, and anti-male divorce courts are the main reasons given for why they do not pursue marriage and fatherhood. Men do not want to be coerced in a marriage with the threat of divorce by an unhappy wife. Men do not want to be subject to the government in so many areas of their lives if the wife does carry out the threat. They especially don’t want to be separated from their children. One my secular male friends told me that he would not marry unless the woman had evidence in her past of hating radical feminism and no-fault divorce. This was the main criteria. He actually was able to find a woman who was a men’s rights activist who hated divorce. But that was the only way he would marry.

Statistically speaking, the wife is more likely to initiate divorce than the husband. Women initiate 70% of divorces, the majority of those just because she is “unhappy”. I think this is because women get into marriage based on their feelings, and they think that it is the husband’s job to make them feel good. They see their happiness as the primary goal of the marriage, and see a marriage that does not make them happy as a marriage that needs to be ended.

Are we going to repeal no-fault divorce, then?

No-fault divorce was seen as a boon to women who had married the wrong men by following their hearts. It’s an interesting question to ask whether women really would want no-fault repealed. It would mean that they would have to get serious about who they marry, instead of just getting into marriage based on feelings. They would have to evaluate men according to expectations of what a man does in a marriage, instead of on feelings. They would have to think about what men want out of a marriage, and prepare themselves to provide for his needs. They would have to say no to their feelings, when choosing a man, and in keeping a man after the wedding.

If women aren’t willing to demand the repeal of no-fault divorce laws and get serious about men and marriage, then what’s the point of complaining that men don’t want to marry and become fathers? If you’re not willing to fix the root cause of the problem, then don’t complain about the problem.