Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

TexasTowelie

(111,965 posts)
Sun Apr 19, 2015, 09:12 PM Apr 2015

It's Debatable: Where's the fault in no-fault divorce?

[font color=green]The following article was in the online edition of the Lubbock Avalanche-Journal. The debate is between Dr. Donald May, retired ophthalmologist, failed congressional candidate and author of the Mr. Conservative blog and Dr. Arnold Loewy, professor of law at Texas Tech University. I am posting the article because Dr. May digresses off the topic which is either pitiful or hilarious depending upon your reaction to his comments.[/font]

Arnold: No-fault divorce best for entire family

The topic of this debate is no-fault divorce. Given the alternatives, I favor it. As I see it, the alternatives are no divorce at all, or divorce predicated on fault. Because I believe both of these alternatives are unacceptable, no-fault divorce seems like the only acceptable alternative.

It is hard to make a case for no divorce at all. Surely we don’t want an abused spouse to have only the choice of murder or abuse tolerance.

We want her to be able to get out of the horrible situation in which she finds herself. So that leaves us with the option of divorce based on fault or no-fault.

Of course, we could take care of that case with a divorce predicated on fault. So what is wrong with that? Well it compels looking for and assessing blame in court. And this frequently is not a good thing, specially if children are involved.

-snip-

Donald: Even Freidan said no-fault was a mistake

Professor Loewy makes a convincing argument, but I disagree with him that no-fault divorce has been good for our society. No-fault divorce has been of great harm to men, women, and children, which is the best reason it should no longer be legal.

Our society began its moral decline in 1947 with the United States Supreme Court decision in Everson vs. Board of Education justifying the removal of moral law (Ten Commandments) and the recognition of God as our highest authority (prayer) from our schools and government. The moral decline accelerated with President Johnson and his Great Society programs, which were intended to buy votes for generations from those the federal government managed to keep in poverty. The Great Society programs rewarded non-productivity (unemployment) and subsidized single parent matriarchal families with husbands effectively excluded from the household.

Feminists, including Betty Friedan, fought hard for no-fault divorce as an imagined means of freeing women from tyranny in a male-dominated society. California was the first state to fall to the siren call of no-fault divorce in 1969. The divorce rates skyrocketed as one state after another implemented no-fault divorce.

The entire debate is at http://lubbockonline.com/editorials/2015-04-18/its-debatable-wheres-fault-no-fault#.VTROU5Py3SI . My personal reaction to it is .

9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Warpy

(111,169 posts)
1. Anybody who uses the words "moral decline" is a charlatan and a common scold.
Sun Apr 19, 2015, 09:23 PM
Apr 2015

Nothing that Dr Donald had to say after that changed my mind one iota.

No-fault has been a boon, especially for women, since it relieved us of the necessity of hiring detectives to creep around straying or addicted spouses and fighting protracted legal battles against males who simply didn't want us to win our freedom from them.

I had ample cause and ample proof and still went for a no-fault because it was simple and clean and I really didn't feel like blackening his name in a town he was going to continue to live in by dragging our friends in as witnesses. Proving fault in the breakdown of a marriage is a sordid business, at the very best, and an uphill battle that bankrupts both parties at worst and the worst is achieved quite often.

Dr. Donald sounds like a man who has been divorced at least once and wants to make it much harder for his unpaid domestic servant to leave him. Poor baby. Or maybe he just doesn't want to live with the possibility that one will.

Perhaps he needs to work on being less of a supercilious twit and pontificating asshole.

TexasTowelie

(111,965 posts)
5. Well, Dr. May usually posts his Mr. Conservative blog
Sun Apr 19, 2015, 09:33 PM
Apr 2015

at 1:00 or 2:00 a.m. so I imagine that Mrs. May and him haven't had conjugal relations in decades.

Warpy

(111,169 posts)
6. That's the least important thing to these puffed up control freak twits
Sun Apr 19, 2015, 09:38 PM
Apr 2015

They're mostly terrified of having their property escape.

strategery blunder

(4,225 posts)
4. But, but, no fault divorce is TEH SCARY COMMUNISM!!!1!!!
Sun Apr 19, 2015, 09:30 PM
Apr 2015
indeed.

As someone who grew up in a DV household and subsequently decided to remain celibate because I didn't want to go through or risk inflicting that shit again, I can safely tell Donald to go fuck himself.
 

KMOD

(7,906 posts)
9. I was thrilled when then Governor Patterson
Sun Apr 19, 2015, 10:25 PM
Apr 2015

signed the no-fault divorce into law in NYS. Better late than never.

Before no-fault divorce, couples would make up some really nasty stuff about each other, in order to get out of their marriage. No Fault divorce is healthier for the couple who are splitting, and most certainly healthier for any children they may have together.

Latest Discussions»General Discussion»It's Debatable: Where's t...