No Fault Divorce
It was almost instantly accepted across the U.S. With no-fault, couples only had to site “irreconcilable differences,” reach and consolable differences, reach an agreement over the division of assets, custody of children, and child-support payments, and have the agreement ratified by the court. Proponents were sure that a lower divorce rate would follow because it would eliminate guilt from marital disputes and thereby make reconciliations easier but the American divorce rates continues to rise (p.1)
Image by gruntzooki via Flickr
According to Canada and The World (1997), “It wasn’t until 1970 that no-fault divorce arrived even in California. It was almost instantly accepted across the U.S. With no-fault, couples only had to site “irreconcilable differences,” reach and consolable differences, reach an agreement over the division of assets, custody of children, and child-support payments, and have the agreement ratified by the court. Proponents were sure that a lower divorce rate would follow because it would eliminate guilt from marital disputes and thereby make reconciliations easier but the American divorce rates continues to rise (p.1)
Researchers claim the basic goals of no-fault divorce were intended (1) to make divorce less restrictive by reducing the legal and economic obstacles to divorce and (2) to improve the social-psychological and communication climate of divorce by abolishing the concept of fault. These researchers also claim that no-fault system reduced the bargaining power of spouses who did not want to divorce, which led to substantial declines in the financial settlements received by women (p. 511).
Hershkowitz & Liebert (1997) discusses the significance in no-fault divorce in the last 40 years.
In the five years following the enactment of no-fault in California, the national divorce rate increased almost 40%.” However, there may be causal factors other than no-fault laws for divorce rate increases. Data from the U.S. Census Bureau show a sharp increase in divorce rates during and at the end of World War II. Moreover, it is a little known but powerful fact that divorce rates across the country have been declining for the past decade. The divorce rate per 1,000 populations was 4.7 in 1989 and 1990, and is 11 percent lower than the peak rate of 5.3 in 1979 and 1981.22 and neither of these trends occurred at a time when there were any substantial changes in the nation’s divorce laws (p. 5).
Williamson (2008) claims that the feminization of poverty is an 80’s concept that is the growing proportion of women entering poverty after divorce. She claims that feminization of poverty incurs due to former working housewives sometimes highly educated have given up these positions to become full time house wives. These women become dependent upon their husbands for the entire financial support. After a period of time it negates any previous experience in the labor market. She claims that they become victims of societal expectations as society has placed the burden of child rearing on the mother leaving little or no opportunities for women to work and be a mother to their children.
Feminization of poverty and no-fault divorce are similar in that it leaves women who do not wish divorce financially devastated. No-fault divorce always easier access to divorce, whether or not both parties want a divorce. This along with no longer the need for marriage counseling to reduce the likelihood of divorce is one of several unintended consequence of no-fault divorce enacted by legislators. Therefore, I contend that although no-fault divorce reached its goal but it also has unintended consequences.
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Karen Gross
On September 29, 2009 at 8:24 pm
Very interesting topic, and well written. Unfortunately very true as well. It is a sad commentary on our society when we applaud women who divorce their husbands and then work several part-time jobs while going to school so that in a few years she will be able to get a good job and support her children. Children grow up fast, though,and those few years when a single mom is getting her education and working so hard are the years that the children need a mom.
I’ve heard that children benefit more when their parents have a healthy divorce rather than a miserable marriage. I don’t think that healthy divorces are all that common.
Chris Stonecipher
On September 29, 2009 at 8:53 pm
Hi Karen,
Thanks for reading my article and great comment. I think that in a healthy divorce, couples are not blaming each other in front of the children and are also communicating with their children.
Blessings to you,
Chris
Payge
On September 29, 2009 at 9:06 pm
Im twice divorced and neither was a friendly one.I had to work since child support only covered what the kids needed.I missed out on some things that i cant get back but kids are grown now.
I was not equiped to support myself when it happened and had
to do it very quickly.A no fault divorce dont make everything right, just avoids some of the bitternesss involved in a divorce where bitterness is involved.A great article and dontt want to go through a divorce again.
Uma Shankari
On September 29, 2009 at 9:06 pm
I read this article with a lot of interest. I am not sure I understood it 100%.
Feminization of poverty and no-fault divorce are similar in that it leaves women who do not wish divorce financially devastated.
I don’t understand clearly. What about a woman who wants a divorce? They don’t get financially insecure? May be I need to re-read and read other links as well.
The article is, of course, well written and the topic is also an important one, worth spending some time pondering over.
Ruby Hawk
On September 29, 2009 at 9:39 pm
It also makes it easier for a woman to get a divorce in an onloving marriage. I think the no contest divorce is a good idea but it should mean equal fairness to both parties and children. it’s a bad thing for all concerned to go through a divorce fought out in court.
Goodselfme
On September 29, 2009 at 9:41 pm
TX Chris for your detailed and interesting composition. I have an opinion, but will not state it here.
Chris Stonecipher
On September 29, 2009 at 9:43 pm
Hi Payge,
I am sorry you had to experience this first hand. I also believe that No Fault Divorce is not a perfect solution but maybe practical in some cases. However, I wonder because of No Fault Divorce if some people lose sight of counseling as the first option. I wish you well and bless you,
Chris
Chris Stonecipher
On September 29, 2009 at 9:45 pm
Thanks Roberta,
You can share your opinion privately with me if you want. thank you for your continued support.
Bless you,
Chris
Chris Stonecipher
On September 29, 2009 at 9:47 pm
Uma and Ruby,
I think that the original intent of a No Fault Divorce was to make it equally fair for both parties. However, that doesn’t appear to be the case. thank you both for your support and comments.
Blessings,
Chris
CHAN LEE PENG
On September 29, 2009 at 10:36 pm
Thanks, I found the first pic with dollars attached was quite interesting. I think practically this concept seems to make sense, but in a real life and in certain occassions, this may not be applicable. I clicked you “liked it”.
Chris Stonecipher
On September 29, 2009 at 11:07 pm
Thanks Chan,
The first pic does look like a quickie divorce ad. Thanks again for your kind comment.
Blessings,
Chris
papaleng
On September 29, 2009 at 11:17 pm
Though ,I’m not keen on divorce, nevertheless, if the case arises, i would bargain that women get a fair deal.
Chris Stonecipher
On September 29, 2009 at 11:38 pm
papaleng,
I totally agree with you. Thank you my friend:)
Joshua Miguel
On September 30, 2009 at 1:50 am
in my opinion, the objectives of the no-fault divorce were not met. it only made divorce very convenient.
sexyme
On September 30, 2009 at 10:25 am
Life should be made easier
and when two folks are ”miles apart”
they should also stay ” LIVE ”
miles apart.
and divorce should follow the Muslim way and style…
TALAK
TALAAK
TALAAK
just repeat three times .okk…
Threee times that’s the simplest way.
Chris Stonecipher
On September 30, 2009 at 10:28 am
Thank you Joshua and Lovely Honey for your comments and wonderful support of my work.
Bless you both,
Chris
martinpm
On September 30, 2009 at 11:51 am
Divorces can be very disturbing and can have serious repercussions on the family as a whole. one has to think twice before they act. Nice information.
Chris Stonecipher
On September 30, 2009 at 5:00 pm
Thank you Martin! I think that counseling is often overlooked as a resource before the divorce option.
Jane Jane
On October 2, 2009 at 9:57 am
wow.divorce is pretty expensive but it’s not allowed here.
C. Jordan
On October 3, 2009 at 4:39 pm
Well written article Chris
Chris Stonecipher
On October 3, 2009 at 10:40 pm
Thank you Chris for your support and your comment.
Bless you,
Chris
Jo Oliver
On October 12, 2009 at 3:19 pm
Well done Chris! I understand that not all marriage is going to last forever and sometimes divorce is inevitable, if not best, but now that people have no fault divorce, they do not have any incentive to make it work or take their time getting into marriage. Like most other things, we (society) have just made it too easy to quit. My grandparents generation didn’t even have the word quit in their vocabulary.
Jo Oliver
On October 12, 2009 at 3:29 pm
Buzz, dig, SU
Chris Stonecipher
On October 12, 2009 at 3:47 pm
Jo,
I totally agree with you. Marriage takes work and although some can’t be fixed, just think of the number of marriages that can be saved with communication and counsoling. Thank you for the read, wonderful comment and the bookmarks.
Bless you,
Chris
Mr Ghaz
On October 22, 2009 at 8:14 pm
WOW! That’s all I can say..Fantastic work..I really liked this one..so creative..but ‘hot’ topics..lol..Well done my friend..Thank you..cheers
Chris Stonecipher
On October 22, 2009 at 8:31 pm
Mr.Ghaz,
Part of my challenge is to present hot topics without of educational interests without offending people which is why sometimes it takes considerable time before I publish them. Thanks for reading and your kind comment.
Blessings,
Chris
sweet rose
On November 17, 2009 at 9:13 am
hi chris. divorces really have negative impact to everyone involved, especially the children. i really hope people really think a hundred times before getting married and be really committed to their promise so that divorces can be avoided.
Chris Stonecipher
On November 17, 2009 at 11:17 am
sweet rose,
Thank you for reading and your thoughtful comment. You are correct and that people really need to think about the promises they make when committing to a marriage. Sometimes I feel that divorce can be inevitable when your unsure of the level of commitment your partner may have.
Blessings to you,
Chris
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