Arguments For

* States that adopted no - fault laws saw a decline in the rates of domestic violence.
* These laws empower a man or woman in an abusive marriage and make it easier to leave.
* Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing.
* Helps reduce the heavy caseloads of family courts.
* Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation.
* Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault.

Arguments Against

* Over 80% of no-fault divorces are unilateral. This means that one party to the divorce objects to the marriage ending and no-fault laws take away that parties control over whether or not they can save their marriage.
* Has given more power to Family Court Judges in deciding issues such as custody, splitting marital assets and spousal support. When there is no one at fault, a judge’s decisions are based on his feelings and feelings are not always objective.
* Takes away a father’s rights to his children because they have no defense against a wife who wants to leave the marriage. Courts favor mothers and under the no-fault system it is hard to prove a mother unfit to parent.
* The idea that marriage is a covenant larger than the two people who make it has been lost. Marriage vows and the promise made to each other during those vows have lost their value. This is evident in the high divorce rate in the United States.
* Lowers a dependent wife’s living standards because she no longer has grounds to argue in her defense. Her husband can choose to leave her and 75% of the time the courts will not enforce any spousal support. Since the mother gets custody more often than the father this also means a lower standard of living for the children.
* Where once the Family Court Systems allegiance was with the institution of marriage, it is now with the institution of divorce. Family Courts used to put effort into protecting the sanctity of marriage. Now the main concern is to make divorce quick and easy and get it off the docket.

Where it Stands

Family Court Judge Randall Hekman said, "It is easier to divorce my wife of 26 years than to fire someone I hired one week ago. The person I hire has more legal clout than my wife of 26 years. That's wrong."

If you look around, you will see daily evidence of the breakdown of the American family. Many believe this breakdown is due to no-fault divorce laws. They believe the value of marriage has lessened and because of this, spouses are no longer willing to invest as much energy into saving it.

On the other hand, you have evidence like the 97% of married couples in Louisiana choosing to begin their marriages knowing they may one day have to deal with no-fault laws. Evidence that points to the fact that the majority of the couples have no problem with the no-fault laws.

I think no fault divorce is one of the dumbest things ever even considered as law.

Do I think it makes saving marriages harder?...That's a tough one because it is only under the current conditions that I have any experience. Since we are still married, I can't say that it is true or not.

I can tell you that the attitudes of people in general when it comes to moral and ethical standards have been eroded by the relativism of today that sets nothing as a standard and everything is a matter of opinion. I think that is where the real travesty is based. No fault divorce is just one symptom of refusing to admit that anyone might actually be wrong.

It ranks right up there with no fault insurance...Which is the same concept applied to material things rather than moral.

Mark

OK...So we agree on that...That's why I'm here at MB.

You?

Mark

One of my friends at work has just separated from her husband. I gave her my copies of HNHN and LoveBusters to start reading and suggested this website for her and her husband.

I talked to her one night to see how things were going. They decided to separate and he is moving in with a buddy from his law school class. She is keeping their apartment since she is the one that is working. She said that they are separating all of their bills and getting separate bank accounts. Except for the cell phone bill. She said they will keep that one together because, as she said, "we have a 2-year contract and it'll cost us money to break it".

I was FLABBERGASTED!!! I said to her "so you have no problem breaking up your marriage vows and spending all the money you are having to spend in order to separate - rather than getting counseling and trying to work it out - but you won't break a contract for a freaking cell phone!?"

She got mad at me and we ended the conversation...and she hasn't talked to me about it any more. I guess my point was made. She put more value into the contract on her cell phone then the value of her marriage vows. They'll probably get a "no-fault" divorce and move on like nothing ever happened.

Yes, I think it should be more difficult to get a divorce.

[color:"purple"]I believe most wayward spouses would say it is not their fault they wanted to leave the marriage. They probably like the idea that they are not at fault. This has probably lead to much of the popularity of No Fault divorce.[/color]