No Fault Divorce - Is This Good for Society?


Debate may never resolve whether fault based marital conduct codes once were a positive force for stability in marriage, or solely the focus of ever greater contentiousness in divorce process. One thing is certain. They are gone. Their vestiges may remain on the face of a few statutes in some states, but their force in law is no more.

Yet, marital conduct codes expressed in terms of grounds or fault were inarguably important in at least one sense. The very existence of these legally enforceable standards mitigated the risk of investing in marriage. Compliance with those minimum standards ensured that marriage would be protected by law, that the investment in marriage would be secure. Conversely no fault in its essence is a system without standards, a code without relation to conduct. Unavoidably, the process it spawned left marriage without protection. In eliminating the problems of fault based divorce, the good was thrown out with the bad, the baby with the bath water.

Divorce happens to good spouses because the rules of marriage changed; more appropriately speaking, the rules were thrown out.   As such, marriage today is sacrificed on the altar of expediency in a court process that simply finds it more efficient to divorce people than to examine the merits of marital commitment. In exchange for less stress in court, we have more injustice for marriage. This is by design. Divorce happens to good spouses because the law no longer cares to distinguish between right and wrong, good and bad in marriage. - Kevin Senich

In this episode, Attorney Kevin Senich discusses no-fault divorce, divorce reform and the need for education as a means of keeping the family unit together.

For more blogs from Kevin, visit: http://www.divorcereform.info

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