Tag Archives: Unilateral 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 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. Their view of commitment really means “I’ll commit so long as it makes me feel good”. None of this is particularly appealing to men, who take marriage vows to mean what they say, and think that the commitment isn’t conditional on being happy. (Note: if your husband doesn’t have this view of marriage, then why did you choose him out of all the other men in the world?)

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

My experiences speaking with divorced Christian women is that they married primarily based on first impressions and emotional responses. 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. They would have to think about what a man does in a marriage. They would have to think about what men want out of a marriage. And they would have to say no to their feelings, both in choosing a man, and in keeping the man after the wedding.

I’ve been told by women that the rapid giving of sex is a way to get attention from a man without having to be respectful of him. Are women willing to stop using sex as a tool to attract the wrong men, and start developing their skills as wives and mothers in order to attract the right men? Are women willing to stop seeing relationships as “fun and thrills”, and get serious about pursuing men who have marriage and children as the goal? Are wives willing to give a man what he needs in the marriage: sex, respect and obedience? Are they willing to give up the threat of divorce in the home and learn to argue rationally and compromise?

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 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. Their view of commitment really means “I’ll commit so long as it makes me feel good”. None of this is particularly appealing to men, who take marriage vows to mean what they say, and think that the commitment isn’t conditional on being happy. (Note: if you’re husband doesn’t have this view of marriage, then why did you choose him out of all the other men in the world?)

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

My experiences speaking with divorced Christian women is that they married primarily based on first impressions and emotional responses. 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. They would have to think about what a man does in a marriage. They would have to think about what men want out of a marriage. And they would have to say no to their feelings, both in choosing a man, and in keeping the man after the wedding.

I’ve been told by women that the rapid giving of sex is a way to get attention from a man without having to be respectful of him. Are women willing to stop using sex as a tool to attract the wrong men, and start developing their skills as wives and mothers in order to attract the right men? Are women willing to stop seeing relationships as “fun and thrills”, and get serious about pursuing men who have marriage and children as the goal? Are wives willing to give a man what he needs in the marriage: sex, respect and obedience? Are they willing to give up the threat of divorce in the home and learn to argue rationally and compromise?

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.

Study: women who lose their virginity in their teens are more likely to divorce

College students puking in toilet
College students puking in toilet

The UK Daily Mail reports on a study that shows that women who lose their virginity as teenagers are more likely to divorce.

Excerpt:

Women who lost their virginity as young teenagers are more likely to divorce – especially if it was unwanted, according to new research.

The University of Iowa study shows that 31 per cent of women who had sex for the first time as teens divorced within five years, and 47 per cent within 10 years.

Among women who delayed sex until adulthood, 15 per cent divorced at five years, compared to 27 per cent at 10 years.

The findings were published in the April issue of the Journal of Marriage and Family.

Author Anthony Paik, associate professor of sociology in the university’s College of Liberal Arts and Sciences, examined the responses of 3,793 married and divorced women to the 2002 National Survey of Family Growth.

The study showed, however, that if a young woman made the choice to lose her virginity as a teenager, there was no direct link to a marital split later in life.

If the sexual act took place before the age of 16 women were shown more likely to divorce, even if it was wanted.

Thirty-one percent of women who lost their virginity during adolescence had premarital sex with multiple partners, compared to 24 per cent of those who waited.

Twenty-nine percent experienced premarital conceptions, versus 15 percent who waited.

One in four women who had sex as a teen had a baby before they were married, compared to only one in ten who waited until adulthood.

Only one per cent of women surveyed said they chose to have sex at age 13 or younger, compared to five per cent at age 14 or 15, and 10 per cent at age 16 or 17.

Forty two per cent reported that their first sexual intercourse before age 18 that was not completely wanted.

Fifty eight per cent of the group waited until age 18 or older to have sex. Of those, 22 per cent said it was unwanted, compared to 21 per cent who said it was wanted.

Researchers concluded sex itself may not increase the probability of divorce, while factors such as a higher number of sexual partners, pregnancy, or out-of-wedlock birth increased the risk for some.

If you want a stable marriage, then you don’t have sex before you’re married. There are tons of virgins out there, and there is a huge difference in the quality of romantic relationships when both parties exercise self-control with physical touching. Don’t let it go too far – you lose some of what love and marriage can be.

Is there any evidence to support the Bible’s teaching about divorce?

Does government provide incentives for people to get married?
Is there any evidence that supports the Bible’s teaching about divorce?

So, the topic for this post is whether it’s OK to get divorced.

What does the Bible say?

I noticed a lot of people getting divorced these days in the church, and trying to justify why they are allowed to divorce and why they should be allowed to pursue remarriage. So I’m first going to quote from an article from Focus on the Family by Amy Tracy.

She writes:

God is very clear, however, that He hates divorce (Malachi 2:16). He also says, “So they are no longer two, but one. Therefore what God has joined together, let man not separate” (Matthew 19:6). According to the New Testament, there are two justifications for divorce: infidelity (Matthew 5:32) and desertion (1 Corinthians 7:15).

Now, I had always taken the rule of Dr. Laura for this. She says that you can get divorced for adultery and abandonment (as above), but she allows allows for physical abuse and drug addiction. But it looks like the Bible is more strict than Dr. Laura, even.

What does the evidence say?

So let’s see if there is any reason outside the Bible that explains why the Bible tells people not to get divorced. The UK Daily Mail reports on a study on the effects of divorce.

Excerpt:

Divorcing parents who try to maintain an amicable relationship for the sake of their children are doing nothing to help them, a major study suggests.

The impact of the split on youngsters is the same whether or not the mother and father keep cordial links, it found.

[…]The new study, the first in 20 years to examine how the behaviour of separated parents affects their children, was carried out by US academics.

It covered 270 parents who were divorced or separated between 1998 and 2004 in an unnamed US state that compels divorcees to take part in an education programme on ‘co-operative co-parenting’.

Of these, 31 per cent considered their relationship with their ex-spouse as ‘co-operative and involved’; 45 per cent were ‘moderately engaged’ with their divorced partner, with some conflict between them; and 24 per cent said their co-operation was ‘infrequent but conflictual’.

They were asked to say how their break-up had affected the youngest child in their family. The average age of children involved was eight years.

The study, published in the academic journal Family Relations, said that children of divorced parents are more likely than others to suffer ‘external’ symptoms such as behaviour problems or drug abuse, more likely to have ‘internal’ difficulties like anxiety or depression, and more likely to do badly at school.

But the researchers, headed by Dr Jonathon Beckmeyer of Indiana University, found that these children’s problems were no worse if their parents continued to row and bicker with each other after the divorce.

The study said ‘despite the expectation that children fare better’ if their divorced parents develop a co-operative relationship, the behaviour of children as assessed by their parents ‘did not significantly differ’ between the friendly and the fighting groups of divorcees.

So the take-home lesson is this: there is no such thing as a divorce that doesn’t hurt the children. If you’re thinking of divorce and you have children, just don’t do it. And the Bible sides with the children against the selfish desires of their parents – telling the parents to be careful who they marry, and to give up their happiness in order to provide stability for the children.

One more thing. I run into a lot of people who think that life is unpredictable, and that you just have to pursue happiness, fun and adventures and how that somehow the universe or God or whatever will make all the selfish hedonism “work out”. That’s false. Marriage is not like a slot machine. There are things you can do now to prepare your character for marriage. There are things that your marriage candidate should be able to do to be prepared for marriage as well. If both people practice self-control, self-denial and self-sacrifice before marriage, that’s a good sign that they will be able to make a commitment that lasts. Indulging your desire to sky-dive, surf, zip-line and travel for adventure does nothing to prepare your character for what marriage will require of you.

Marriage is not an engine for personal fulfillment and happiness. You don’t get out of it when you don’t feel happy. Marriage is about changing your character to make you more mature, and providing a safe, stable environment for children to grow up in. The reason so many people are divorcing today is because they think that marriage is a consumer good – that it should be fun. But it’s not designed to be fun, it’s designed to be a challenge. If you stay committed to it, it does produce a return in the long run.

Jennifer Roback Morse debates on marriage at Columbia University

Cloning her would solve the marriage problem
Dr. J makes marriage interesting and fun

Dr. Jennifer Roback Morse defends marriage at Columbia University in this short hour-long exchange. This is your chance to hear how anti-child advocates of same-sex marriage really are. And Dr. J links SSM to unilateral divorce at the end of the Q&A, too. Awesome! This debate really needed to go for twice the time, and I look forward to hearing MORE debates from Dr. J.

Details:

Columbia University’s Federalist Society hosts a debate between Dr J and Professor Katherine Franke based on the question “Is Marriage Equality Possible?”  About an hour of audio includes opening position (Dr J), arguments (Prof. Franke), and rebuttal (Dr J), as well as a brief question-and-answer period.

The MP3 file is here.

Dr. J’s opening speech (15 min.)

Two basic contentions:

  • 1) same-sex marriage is not the equivalent of traditional marriage
  • 2) if we legislate that they are equal, then we are really redefining marriage by changing the essential purpose of marriage

A case study from Ireland:

  • a known sperm donor for a lesbian couple was excluded from having a relationship with the child he conceived
  • after the child was born, the sperm donor wanted regular contact with the child, but the women opposed giving him access
  • same-sex marriage requires that courts are able to assign parental rights instead of having rights assigned biologically, as with traditional marriage
  • That is why SSM is different from TM

What is the purpose of marriage?

  • Marriage is about attaching mothers and fathers to children, and mothers and fathers to one another
  • Children are born helpless from two opposite-sex parents and they need parental guidance and care during development
  • In TM, there is no third party needed in order to have a child
  • In TM, the biological parents have rights and responsibilities for the child
  • TM is about providing the child with justice
  • Every child is entitled a relationship to both biological parents, and is entitled to care, protection and nourishment from both parents, and every child is entitled to a stable family environment
  • the problem is that children don’t have standing to sue for these rights in court
  • so the purpose of marriage is that we have a social construct to provide these rights to children naturally, without the state having to intervene

The purpose of marriage according to SSM?

  • In SSM, the essential child-centered  purpose marriage is replaced with new purposes like pooling resources and having same-sex couples recognized by society

SSM redefines marriage in four ways:

  • it diminishes the entitlement of children to a relationship with both biological parents
  • it diminishes the identification of parental roles with biology
  • it requires the state to determine parental relationships, instead of recognizing biological parents
  • it enshrines the idea that mothers and fathers are interchangeable, that children don’t really need mothers AND fathers

Dr. Franke’s opening speech (20 min.)

Hard cases make bad law 1: the presumption of paternity

  • consider the case where a mother is married and has an affair resulting in a child
  • the Supreme Court has ruled that the father of the child has no right of contact
  • this is a case where marriage gets in the way of biological parents having a relationship with the child
  • so it can be the case where marriage is in conflict with the relationships to biological parents

Hard cases make bad law 2: the purpose of marriage can be changed

  • marriages was used to keep peace between families and communities
  • marriage used to be about trading and trafficking of women
  • so the concern for offspring was not always the greatest concern

TM and SSM are both equally able to create stability for children:

  • same-sex unions are just as stable for children as TM marriages

Same-sex unions do provide justice for the child:

  • giving the adults in same-sex couples the social recognition that opposite sex married couples have is good for children

Children can sue in court

  • children can use guardians to sue their parents in court to get their rights

Opposing SSM is racism

  • opposing same-sex marriage is equivalent to racism
  • we could abolish marriage completely and let individuals form private contracts, then the state would really be neutral on marriage

Dr. J’s rebuttal speech (5 min.)

The state cannot be neutral on marriage

  • what the deinstutionalization of marriage means is that the private contracts are made by adults and children will have no consideration in those contracts

Regarding the adultery case

  • the presumption of paternity is there to protect the marriage
  • such borderline cases almost never happen with TM, whereas in SSM these third party problems occur in 100% of the cases

Children are not happy being separated from their biological parents

  • adults do not have a right to exclude a child’s biological parents from having a relationship with them, and children are often not happy being excluded from their biological parents