Tag Archives: No-Fault Divorce

Polemics

Stephen Baskerville: five myths about no-fault divorce

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From the Catholic News Agency.

Introduction:

Almost four decades after the “no-fault” divorce revolution began in California, misconceptions abound. Even the many books about divorce, including myriad self-help manuals, are full of inaccurate and misleading information. No public debate preceded the introduction of no-fault divorce laws in the 1970s, and no debate has taken place since.

Yet divorce-on-demand is exacting a devastating toll on our children, our social order, our economy, and even our constitutional rights. A recent study estimates the financial cost of divorce to taxpayers at $112 billion annually. Recent demands to legitimize same-sex marriage almost certainly follow from the divorce revolution, since gay activists readily acknowledge that they only desire to marry under the loosened terms that have resulted from the new divorce laws. Divorce also contributes to a dangerous increase in the power of the state over private life.

Here are the five myths about no-fault divorce:

  • No-fault divorce permitted divorce by mutual consent, thus making divorce less acrimonious
  • We cannot force people to remain married and should not try
  • No-fault divorce has led men to abandon their wives and children
  • When couples cannot agree or cooperate about matters like how the children should be raised, a judge must decide according to “the best interest of the child”
  • Divorce must be made easy because of domestic violence

And the details about number three:

Myth 3: No-fault divorce has led men to abandon their wives and children.

Fact: This does happen (wives more often than children), but it is greatly exaggerated. The vast majority of no-fault divorces — especially those involving children — are filed by wives. In fact, as Judy Parejko, author of Stolen Vows, has shown, the no-fault revolution was engineered largely by feminist lawyers, with the cooperation of the bar associations, as part of the sexual revolution. Overwhelmingly, it has served to separate large numbers of children from their fathers. Sometimes the genders are reversed, so that fathers take children from mothers. But either way, the main effect of no-fault is to make children weapons and pawns to gain power through the courts, not the “abandonment” of them by either parent.

Al Mohler wrote about the history of no-fault divorce a while back, and I think it’s worth reviewing why we have this lousy law.

The story behind America’s love affair with no-fault divorce is a sad and instructive tale. As Baskerville documents, no-fault divorce laws emerged in the United States during the 1970s and quickly spread across the nation. Even though only nine states had no-fault divorce laws in 1977, by 1995, every state had legalized no-fault divorce.

Behind all this is an ideological revolution driven by feminism and facilitated by this society’s embrace of autonomous individualism. Baskerville argues that divorce “became the most devastating weapon in the arsenal of feminism, because it creates millions of gender battles on the most personal level.” As far back as 1947, the National Association of Women Lawyers [NAWL] was pushing for what we now know as no-fault divorce. More recently, NAWL claims credit for the divorce revolution, describing it as “the greatest project NAWL has ever undertaken.”

The feminists and NAWL were not working alone, of course. Baskerville explains that the American Bar Association “persuaded the National Conference of Commissioners on Uniform State Laws [NCCUSL] to produce the Uniform Marriage and Divorce Act.” Eventually, this led to a revolution in law and convulsions in society at large. This legal revolution effectively drove a stake into the heart of marriage itself, with inevitable consequences. In effect, no-fault divorce has become the catalyst for one of the most destructive cultural shifts in human history. Now, no-fault divorce is championed by many governments in the name of human rights, and America’s divorce revolution is spreading around the world under the banner of “liberation.”

And note that Democrats oppose any effort to reform laws that make it easy to break up marriages:

A basic dishonesty on the question of divorce pervades our political culture. Baskerville cites Michigan governor Jennifer Granholm as referring to divorce as a couple’s “private decision.” Granholm’s comments came as she vetoed a bill intended to reform divorce law in her state. The danger and dishonesty of referring to divorce as a couple’s “private decision” is evident in the fact that this supposedly private decision imposes a reality, not only on the couple, but also on children and the larger society. Indeed, the “private decision” is really not made by a couple at all–but only by any spouse demanding a divorce.

So, no-fault was pushed by two groups: feminists and trial lawyers. Christians rolled over for it because we thought we fell for the myths that no-fault divorce was “compassionate”. That was a mistake, and one we need to roll back. (By the way, that’s not a bad post by Al Mohler. I pick on him for having his head stuck in the Bible, but it looks like he has a comprehensive view of marriage)

The reason I am writing about this is because of a post by Dr. Jerry Walls (H/T First Things) where he said that people who are opposed to gay marriage tend to say nothing at all against premarital sex and no-fault divorce. Well, I am against gay marriage and I am also personally a virgin and I would repeal premarital sex promotion in the schools and no-fault divorce in the courts if I could. And in fact regular readers know that I am always blogging about the damage caused by divorce and the damage caused by premarital sex, usually with study after study to support my views. I don’t just say “the Bible says” and expect that to transform a culture that is largely indifferent or even hostile to what the Bible says.

I think that Christians need to become experts on everything from the fine-tuning of the cosmological constant to no-fault divorce to the Laffer curve to undesigned coincidences in the New Testament sources to WMD development and proliferation in rogue nations like North Korea and Iran. The more people regard Christians as intelligent, informed and circumspect, the more people will be curious about the gospel. We have to know everything about everything and we have to be concerned about every conflict between Christian convictions and what’s happening in the world. Studying the way the world works is one way of serving God and defending his honor with people who want to dismiss him, and dismiss their obligations to him.

Commentary

Can recreational sex turn a selfish, irresponsible man into a marriage-minded provider?

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An article from the American Thinker answers the question that vexes many men. As you read this excerpt below, ask yourself if it is a man or a woman writing this.

First of all, liberal women seem to be having an awful lot of sex these days. They are losing their virginity early, and working their way through as many “alpha males” as possible, but all the while they insist that a stream of recreational-sex relationships is somehow a path to lifelong married love. Can you turn a man who wants nothing more than recreational sex into the perfect husband, simply by invoking the magical power of sex?

Liberal women think that you can:

On the one hand, liberal women believe wholeheartedly in the idiotic social construct they call, “sexual liberation.”  They pride themselves on losing their virginity, as though that “accomplishment” had ever been above the challenge-scale of an alley cat in heat.

These liberal women I’ve known, having given away their female V-card over and over and over again, all the while scour their host of intimate “trial runs” searching for that mythical, Hollywood-construct, Mr. Right.  This Mr. Right guy, for whom they are searching, is known to them up front as even more sexually-liberated than they, but this little factoid seems not to register in their liberated little heads as they frantically search for the equally mythical family home with the white picket fence, which somehow never gets hit by any of life’s roving tornadoes.  One can almost hear them say in unison, “And they all lived happily ever after.”

I think it’s one of the deepest mysteries of the world why women think that a man who has lots and lots of recreational sex is somehow marriage material. When I think of men who are qualified for marriage, I think of men who have studied hard subjects, gotten marketable skills, worked and worked, saved and saved, and shown that they can be faithful in marriage by exhibiting self-control in the courtship. But liberal women think that all of this reasoning is junk, and you must just jump right into sex to see if the relationship will “work out” or to find out what you “like”. Recreational sex, they insist, is a superior way of finding a husband. Discussing who will do what in an actual marriage and what the actual marriage is for is apparently ineffective.

More:

Evidently, the liberal woman is capable of the most severe form of psychological denial known to humankind.  Certain that one of the men with whom she has copulated without strings will suddenly morph into a faithfully monogamous creature the minute she can convince one of them to say “I do” in front of a few witnesses, the liberal woman marches blindly down the aisle towards near-certain, adulterous doom.  Yet, no amount of honest reason can dissuade liberal women from this self-destructive, moral myopia.

What other term but “morally schizoid” could possibly describe this blatantly contradictory tendency among liberal women?

Having spent their youth casually throwing their own sexual morality to the winds of fairytale “liberation,” these liberal women still steadfastly cling to the faithfully monogamous ideal for that sometime-later moment when they actually do desire all the traditional things — the husband, the kids, the white picket fence — those pesky female-nature embedded longings, which coincidentally ensure the continuation of the human race.

But these liberal women somehow — in perfect schizoid manner — convince themselves that once married, they will be the gratuitous beneficiaries of the monogamous respect they still desire, but have never once demanded or deserved.  Intuitively, women know that strict monogamy provides the only real security for themselves and their own offspring.  Yet, they continue themselves to spurn the demands of monogamy until the very last minute, believing that fidelity springs forth naturally in miraculous profusion among all “married” humans.  Such pure poppycock can only be explained as a mental disorder.

I think women need to ask themselves questions honestly and rationally:

  • can recreational sex make an unemployed man get a job?
  • can recreational sex make a violent man be courteous and respectful?
  • can recreational sex make an atheist turn into a Christian?
  • can recreational sex make a male slut stay faithful?
  • can recreational sex make wastefulness turn into frugality?
  • can recreational sex make laziness turn into diligence?
  • can recreational sex make irresponsibility turn into commitment?

Marriages last because both partners have prepared themselves for self-sacrifice, rational discussions, problem solving and cooperation.

Previously, I provided the male perspective on liberal women’s poor decision-making about men and marriage. Read the article from the American Thinker (written by a woman), then read mine.

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Commentary

Jennifer Roback Morse on the injustice of the American family court system

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I find myself thinking about life-long married love on Valentine’s Day, so I’m going to post an article by marriage-defender Jennifer Roback Morse about one of the biggest challenges to life-long married love.

Excerpt:

Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people’s lives. This unacknowledged reality is the subject of Taken Into Custody, by Stephen Baskerville. With penetrating insight, the political scientist exposes the truly breathtaking consequences of no-fault divorce for the expansion of state power and the decline of personal autonomy.

First, no-fault divorce frequently means unilateral divorce: one party wants a divorce against the wishes of the other, who wants to stay married. Kim Basinger dumped Baldwin for no particular reason, unleashed the power of the Los Angeles Family Court system to inflict pain on him and, in the process, inflicted untold damage on their child. Second, the fact that one party wants to remain married means that the divorce has to be enforced. Baldwin wanted to stay married and to continue to be a husband and father. Yet, the coercive and intrusive machinery of the state must be wheeled into action to separate the reluctantly divorced party from the joint assets of the marriage, typically the home and the children.

Third, enforcing the divorce means an unprecedented blurring of the boundaries between public and private life. People under the jurisdiction of family courts can have virtually all of their private lives subject to its scrutiny. If the courts are influenced by feminist ideology, that ideology can extend its reach into every bedroom and kitchen in America. Baldwin ran the gauntlet of divorce industry professionals who have been deeply influenced by the feminist presumptions that the man is always at fault and the woman is always a victim. Thus, the social experiment of no-fault divorce, which most Americans thought was supposed to increase personal liberty, has had the consequence of empowering the state.

Some might think the legacy of no-fault divorce is an example of the law of unintended consequences in operation. That assumes its architects did not intend for unilateral divorce to result in the expansion of the state. But Baskerville makes the case in this book—as well as his 2008 monograph, “The Dangerous Rise of Sexual Politics,” in The Family in America—that at least some of the advocates of changes in family law certainly have intended to expand the power of the state over the private lives of law-abiding citizens.

She explains who is really behind the attempt to destroy marriage, and the answer might shock you.

It’s important for people to understand the real reasons why people are not getting married, so that we can do something to encourage them to marry that really fixes the problem. Talk to any man and he will tell you that aside from the concerns about the economy and the national debt, the main reason why he is not willing to get married is the unfairness of the family courts. If you don’t understand the threats that men are seeing with respect to marriage, it might be a good idea to take a look at this essay by Stephen Baskerville, hosted by the Christian Touchstone magazine. It’s a summary of the book that Dr. Morse reviewed. I consider that book “Taken Into Custody” to be a must-read for anyone contemplating marriage.