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Does 'No-Fault Divorce' cheapen the 'institution of marriage' Options · View
Posted: Thursday, May 09, 2013 11:33:58 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 916,471
I could bore you with many links to the statistical aspects of No-Fault Divorce vs the tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce, but I won't. Long story short...in 2010 the state of New York became the last state to pass No-Fault divorce legislation arguably making marriage an "I do for as long as I shall dig it" proposition. Has this cheapened the institution of marriage? What, if any, effect does the no-fault attitude, or approach, have on society as a whole? Any opinion?
Posted: Thursday, May 09, 2013 11:51:23 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 916,471
No more than "Elvis"-weddings in Las Vegas.
Posted: Thursday, May 09, 2013 1:26:06 PM

Rank: Forum Guru

Joined: 8/21/2009
Posts: 1,330
Location: Prague, Czech Republic
I don't think that the legal side of marriage means anything unless you have strong religious convictions or something. I do feel that people should live up to their responsibilities but feel that some publicly made promise means little anyway. I was devastated when my marriage broke up but I paid no attention to the legal side as the relationship had been the important thing and in the end I got a letter saying I was now divorced - but I had made no legal overtures myself at all thus proving to me how pointless it is. Therefore I have no qualms about a no fault divorce idea as it goes in line with my no marriage idea.
Posted: Thursday, May 09, 2013 3:19:06 PM

Rank: Lurker

Joined: 12/1/2006
Posts: 916,471
Two people get married, they realise that they're not a match and tension grows. Usually this leads to divorce, however, if one person has to "do something wrong" for them to actually get a divorce, then you end up with two people that can't stand living together, but they're forced to by the law. Is that really government not mixing itself into personal business?
Posted: Thursday, May 09, 2013 3:36:58 PM

Rank: Sophisticate

Joined: 8/23/2011
Posts: 5,022
Location: Canada
People who want a divorce will get one no matter what the system. It still has the potential to become acrimonious without having to prove fault. Surely, we do not want to go back to a time where fault had to be proved, and was staged with people allowing themselves to get "caught" in motel rooms with someone other than their spouse. There were photographers and others who made a business of this.

It makes no sense for people to have to stay together who cannot stand each other. Women had no choice decades ago when they were financially dependent on men. They had to tolerate their situations as they had no other options. Nowadays, the responsibility for making things work depends on both spouses and both have choices. That is a good thing.

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