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Divorce Reform: An Emerging Issue Laps at Legislative Shores |
| Section: MODERN THOUGHT / WHAT SHOULD WE DO ABOUT DIVORCE LAW? |
| Author: David M. Wagner |
| Publication: The world & I online |
| Issue Date: 1/1/1998 |
| Size: 3,782 Words, 23,670 Characters |
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The issue is: bringing down our out-of-control divorce rate by repealing, or at least modifying, no-fault divorce.
No-fault divorce--which swept through the states from the late 1960s through the early '80s, pushed by elites with virtually no public airing of the issues--is a proven failure, albeit one that is deeply entrenched in state law and in the American psyche. Today the no-fault revolution is over, and the counterrevolution is beginning, offering more security to spouses and children and restoring to marrying couples the precious freedom that the no-fault revolution took away: the freedom to make a binding commitment.
Marriages, like business partnerships, don't work out automatically. They require heavy investments, by both parties, of time, effort, and otherwise permissible...
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...movement to fall short of its goal, which is to get rid of the family-destroying divorce culture and its prime legal tool, unilateral no-fault divorce. Louisiana's approach is an excellent way to allow couples to contract away from the no-fault regime, and to showcase a better view of marriage. But the movement will probably find it wise to keep other legislative options on the table as well.
(812 of 23,670 characters)
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