Tag Archives: No-Fault Divorce

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.

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.

The new “Marriage Story” movie is a false picture of divorce

Marriage and family
Marriage and family

I think Sean McDowell is the best scholar to recommend to people who are interested in getting better at defending their faith. He has a splendid wide-reaching worldview, and conservative positions on controversial issues that other apologists won’t touch. He tweeted out a very interesting article from Suzanne Venker, where she reviews a new movie.

You might remember that Suzanne Venker is a pro-marriage writer who thinks that radical feminism has harmed women, and discouraged men from marrying. Here is what she had to say about the new feminist movie “Marriage Story” in The Federalist.

“Marriage Story” is billed as an intense drama about a stage director [Charlie] and his actor wife [Nicole] “who struggle through a grueling, coast-to-coast divorce that pushes them to their personal and creative extremes.” Although the couple has an 8-year-old son, the focus of the film is… about Nicole’s feelings, Nicole’s choices, Nicole’s needs, and Nicole’s desires. Charlie just goes along for the ride. What choice does he have? Based on a 2017 report by Stanford’s Michael Rosenfeld, this story seems to align with divorce trends, as women initiate 69 percent of divorces in the United States.

Indeed, “Marriage Story” is a predictable feminist screed. Its message couldn’t have been more glaring if it tried: Marriage is a jail sentence for women. If you’re not happy, leave. Oh, and take the kid with you. And while you’re at it, you might as well sabotage your husband’s livelihood, forcing him to uproot the life you both built and move across the country in order to be able to see his son for half the amount of time he normally would, thereby irrevocably altering the course of this father-son relationship — particularly since Nicole’s new man has entered the equation.

[…]What you won’t learn is that “Marriage Story” beautifully demonstrates the madness of modern-day childhood. No one’s supposed to mention that because to look at what’s happened between Charlie and Nicole through Henry’s eyes would destroy the narrative. To focus on what writer and director Noah Baumbach wanted to — “telling a love story by doing it in the course of a divorce” — it is crucial to dismiss Henry’s needs, because to a child, divorce is no love story.

By the way, speaking of children’s rights, parents should definitely read Katy Faust’s latest article in The Federalist.

I wanted to suggest a much better movie about divorce than “Marriage Story”. When I was young, I went through this phase of wanting to grow up very fast. I just could not stand being around people my own age, with their obsessions with popularity and fun. So, I got myself a white collar job and started renting every classic movie in the movie rental place. Two of my favorites were “Kramer vs Kramer” and “Ordinary People”. They made much better movies back then. Kramer vs Kramer is the one about divorce which I think accurately portrays the effects of divorce on children.

Here is the summary from the far-left Wikipedia: (I’m leaving out the ending)

Ted Kramer (Dustin Hoffman) is a workaholic advertising executive who has just been assigned a new and very important account. Ted arrives home and shares the good news with his wife Joanna (Meryl Streep) only to find that she is leaving him. She leaves Ted to raise their son Billy (Justin Henry) by himself. Ted and Billy initially resent one another as Ted no longer has time to carry his increased workload, and Billy misses his mother’s love and attention. After months of unrest, Ted and Billy learn to cope and gradually bond as father and son.

Ted befriends his neighbor Margaret (Jane Alexander), who had initially counseled Joanna to leave Ted if she was that unhappy. Margaret is a fellow single parent, and she and Ted become kindred spirits. One day, as the two sit in the park watching their children play, Billy falls off the jungle gym, severely cutting his face. Ted sprints several blocks through oncoming traffic carrying Billy to the hospital, where he comforts his son during treatment.

Fifteen months after she walked out, Joanna returns to New York to claim Billy, and a custody battle ensues. During the custody hearing, both Ted and Joanna are unprepared for the brutal character assassinations that their lawyers unleash on the other. Margaret is forced to testify that she had advised an unhappy Joanna to leave Ted, though she also attempts to tell Joanna on the stand that her husband has profoundly changed. Eventually, the damaging facts that Ted was fired because of his conflicting parental responsibilities which forced him to take a lower-paying job come out in court, as do the details of Billy’s accident.[3] His original salary was noted as “$33,000 a year” (equivalent to $114,000 in 2018), whereas he was forced to admit that his new salary was only “$28,200” (equivalent to $97,000 in 2018), after Joanna has told the court that her “present salary” as a sportswear designer is “$31,000 a year”.[3]

The court awards custody to Joanna, a decision mostly based on the Tender years doctrine. Ted discusses appealing the case, but his lawyer warns that Billy himself would have to take the stand in the resulting trial. Ted cannot bear the thought of submitting his child to such an ordeal, and decides not to contest custody.

I come from a legal immigrant family of non-whites, and there just WAS no divorce anywhere in our family. We’re half Muslim and half Hindu, and we just don’t divorce. There was a lot of fighting in my family growing up, but divorce was out of the question for my parents. But I remember having to deal with the violent tempers of boys in my public schools who had divorced parents. Divorce really hurt those kids. That’s why I try to blog about it here – the Bible is against divorce, and I want to explain to Christians why God’s rules against divorce ought to be respected.

I’m not going to link to studies here about how divorce affects children, because I’ve done that in other places. I just wanted to let you know that feminism is strong in our culture, and they want to make divorce into a creative adventure. Don’t let movies sway you away from what the Bible teaches. And when you defend what the Bible teaches about divorce, make sure you have the facts about radical feminism’s promotion of divorce and how divorce affects men and children.