No Fault Divorce
Few topics generated as much legislative controversy as the advent of no fault divorces. Prior to the no
fault era, proof of a legally valid reason was required to terminate a marriage. Eliminating the necessity of
proving one spouse at fault had two distinctly different impacts on society: 1) marriages may now be terminated
without government permission for cause, and 2) no fault divorces no longer carry stigmas of failure and
unacceptable behavior branded upon older generations.
Arguments against no fault divorce
The two primary opponents of no fault divorce are church and state - two prodigious and very influential
opponents. The validity of the church argument is based upon beliefs found in religious texts that are familiar
to almost all adults. The First Amendment guarantees all citizen-advocates the right to promote personal beliefs
and political agendas in a public forum, including all state legislatures. State legislative bodies have a
parallel financial interest. Married couples with children generally have greater obligations for family, home,
debt and community involvement. As a result, married couples are considered more stable taxpayers, while single
parents are a higher risk for state assistance (or intervention), and single adults without children retain the
greatest freedom of personal choice. Both agendas are based on behavioral control.
Arguments for no fault divorce availability
Marriage is the most intimate of all personal relationships. Clearly, regulating marriage is essential to
establish requirements to legally recognize the beginning and end the relationship. The extent of necessary
regulation remains highly questionable however, because of the U.S. Constitution's guarantee, to all citizens,
that church and state must remain separate. A majority of Christians also believe in the validity of Martin
Luther's protest in 1508 - no Church official has the right to dictate an individual's personal relationships
with God.
The 5000 year old question: do people exist to serve government, or do governments exist to serve people?
Your answer to this question determines how you view personal choice. No fault divorce advocates claim that
husbands and wives have a greater interest and capability to make intelligent decisions pertaining to intimate
details in their lives. By permitting personal choices in marriage a judicial economy is achieved - unnecessary
litigation of fault is not required, and the integrity of the legal process is improved because unfounded and
potentially defamatory allegations of fault do not clutter public records.
See Also:
No Fault Divorce,
Fast Divorce,
Filing for Divorce,
Quick Divorce Questions
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