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‘No-fault’ divorce encourages people to take easy way out » Evansville Courier & Press

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, CPS, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, Family Court Reform, Family Rights, Freedom, Intentional Infliction of Emotional Distress, Liberty, Marriage, Non-custodial fathers, Non-custodial mothers, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment on August 3, 2009 at 6:49 pm

No-fault’ divorce encourages people to take easy way out

By John Phillips

I have a friend whose spouse just filed for divorce. My friend does not want the divorce. However, I think in Indiana there is “no-fault” divorce. Does that mean that the divorce will happen if only one person wants it?

J.C., Evansville

I am sorry to hear about your friend’s situation. Unfortunately, the “no-fault” divorce law means just that. One party can dissolve the marriage even if the other one does not want to. California enacted this law in 1969 and it spread to other states. The family has had a terrible breakdown as a result. According to James Dobson, the number of divorces has increased 352 percent since.

Several states are taking another look at this law. It takes two people to commit to the marriage and two people should have to commit to the divorce. A spouse who does not want a divorce has lost the privilege of making a decision about the marriage. A marriage contract can be broken more easily than any other legal contract.

The intent of the law has been lost. Many argued to enact this legislation because it was believed that bitter custody battles could be avoided. However, the reality of the law is that it is unfair to the spouse who does not want to break the contract or split up the family.

In Indiana, it is too easy to get married and too easy to get divorced. Anyone over age 18 can get a marriage license with no waiting period or preparation. People wanting a driver’s license need to take a driving test. Gun licenses have a waiting period. It would be a good idea to require a waiting period for a marriage license and offer an incentive for marriage preparation.

It would be better for your friend if the law were changed to require both parties to agree to a divorce. If you feel strongly about this issue you could talk to your state senator and representatives.

John Phillips is executive director of Community Marriage Builders. He can be reached at john@makeitlast.org or (812) 477-2260.

‘No-fault’ divorce encourages people to take easy way out » Evansville Courier & Press.

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