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Should no fault divorce laws be changed?

No-fault divorce laws were passed to eliminate artificial barriers to divorce that served little purpose. A history of divorce in America notes that at one time, couples seeking divorce would stage "adulterous scenes" complete with a "mistress" and a photographer, to enable them to provide evidence to the court of the necessary adultery component of a divorce proceeding.

Some states are seeing varying types of legislation introduced that would attempt to begin moving divorce law back to that time. From waiting periods to the creation of covenant marriage, these attempts, some subtle, other highly restrictive are designed to "fix" a problem, that of easy divorce. But we should ask if that really is the problem.

No one wants to be trapped in a loveless marriage, let alone a violent or abusive one. Yet many of the proposals, which tend to make divorce more time consuming, therefore more expensive and more limited in its availability, could have that affect.

Sure, some divorces are conflict-ridden, as parents fight over child support and child custody and virtually everything else. However, making divorce more difficult and expensive is unlikely to kindle a kind and affectionate generosity in these couples.

Dragging out the process is only likely to make them more bitter and combative and it is their children who will suffer the most. Ironically, they are the parties who are purportedly to be helped by these changes.

If you are considering divorce do you really believe that waiting another six months or even two years, will really change your mind? And if you obtain a divorce and you change your mind, there is always an easy solution available, with no waiting period: remarriage.

Source: The Washington Post, "Conservatives aren’t just fighting same-sex marriage. They’re also trying to stop divorce," Scott Keyes, April 11, 2014

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