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'No-Fault' = No Kids
Townhall ^ | 11/25/2007 | Kevin McCullough

Posted on 11/26/2007 10:26:35 AM PST by Responsibility2nd

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To: Responsibility2nd

“There were far fewer divorces back in the old days of your grandmother and mother in law.”

But when they did occur, it more often than not - left the mother and children fighting for survival while daddy got off scott free, so the result of that is what we see today - a tendency by the courts to ensure that mother and children are provided for.

And if nothing else - this should teach us that when we try to rely on the court system to remedy societal problems - the courts will never get it “just right”.

“Now we have marriages failing at neatly 50%.”

From what I’ve read of other freeper comments, this 50% figure is skewed because it includes marriages by 2nd timers (and 3rd and 4th)
I’m not sure what the figure is for 1st time marriages, but I suspect it is lower.

“As our home and families go, so goes our Nation. “

I agree, I’m just not sure how much courts can do about it when people don’t believe in God anymore - or faithfulness- or self sacrifice.
It seems the fundamentals that are required to hold up good marriages are not being promoted in our culture anymore.
That is not something the courts can remedy.

“If we make divorce an even more expensive and difficult process.”

I’m not sure if I’m supportive of making lawyers wealthier than they already are.
Maybe it would be good to go back to one party having to “prove” their case for divorce (ie...adultery, abandonment...etc.)


281 posted on 11/28/2007 1:59:47 PM PST by Scotswife
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To: HairOfTheDog
Current laws certainly benefit women more than the old laws, where women didn’t actually own anything and there was no enforcement of child support at all, yes. Now women actually own property in the marriage and have rights... they’re ~gasp~ full citizens.

This law might benefit women, but it does not benefit society, upon which the security of women depend.

Women have always been major property owners, and run businesses. Run down to your county recorders office and check.

You really need to read about women, marriage and divorce and the common law in decades past. I'll bet you never have read any actual text published during those periods. Go to the same place, county seat, and pull some old appellate court cases then get back to me.

282 posted on 11/29/2007 7:06:52 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell

Propose what you’d like to do and how it will help.


283 posted on 11/29/2007 7:11:59 AM PST by HairOfTheDog
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To: highball
You challenged that the state has the right to mandate that the suing party in a no-fault divorce must give up custody. The state's police power gives it that. You miss the point. You called it "liberal nonsense".

It was, actually. I amend the question, which you dodged (an oversight, I'm sure).

Did you read my post? I answered your question.

The same way you get any law changed.

Too many interests involved in this divorce industry. You hadn't figured that out? Waiting for you to tell me how to overcome them.

284 posted on 11/29/2007 7:13:20 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Deut28
The employee would have rights only if you were in a right to work state. The husband has the same rights in divorce court the wife has, but the system is set up to use the husband as a money source instead of welfare to take care of the wife, when it is feasible.

It's a billion $ industry involving courts (legislative tribunals) lawyers and women who seek to gain, plus various other public officials and those who seek to tear down the integrity of the country for their own ends.

285 posted on 11/29/2007 7:20:16 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell
"The same way you get any law changed."

Too many interests involved in this divorce industry.

Ah, so I was right.

You want to use the force of the state to settle a political argument you think you can't win.

Not a conservative position.

286 posted on 11/29/2007 10:03:03 AM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: HairOfTheDog
Loss of procedural advantages and inclusion of statutory penalties for anyone who takes the no-fault option in a bill of divorcement. Removing the ability to win much through one's own arbitrary instigation may be reduce the option's access attraction.

That may be a feasible and winnable fight whereas flat repeal would not be.

287 posted on 11/29/2007 1:45:39 PM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell

In English? None of that ~say~ anything.


288 posted on 11/29/2007 1:52:32 PM PST by HairOfTheDog
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To: William Terrell
In English? err... None of that ~says~ anything.
289 posted on 11/29/2007 1:52:59 PM PST by HairOfTheDog
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To: highball
A statutory reward system for the very person who makes the decision to pursue it is not conservative. What is conservative is equal justice under the law. What is conservate is faith in our family justice system.

What is liberal is breaking down the system of honor and responsibility each person takes when becoming one with another and making children.

What is liberal is providing a loaded gun for public use on every street corner entirely dependent on the good faith, sense, honesty and self governance of the individuals that have access to it, with little or no oversight.

Do you see yourself in those last two paragraphs?

290 posted on 11/29/2007 1:53:54 PM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell
What is liberal is providing a loaded gun for public use on every street corner entirely dependent on the good faith, sense, honesty and self governance of the individuals that have access to it, with little or no oversight.

Ah, an emotional argument. And one that raises the spectre of those darned guns, to boot.

Yep, a liberal's response. Through and through. Unworthy of you, and unworthy of this forum.

I'm sorry you feel you have no convincing argument, that you have to resort to emotional appeals and then the power of the State to make your case.

291 posted on 11/29/2007 2:07:55 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: William Terrell

I live in a Right to Work state, so that is the context in which I posed the question.

In the scenarios I outlined, as the employer, I would have to demonstrate just cause in the firing if taken to court, and it would have to be backed up by extensive documentation. I know this because I’ve had my legal department advise me to keep employees longer than necessary (based on ability/performance) strictly so we could ensure we were sufficiently documented to protect against lawsuit.

But in a no fault divorce, as a husband I would have no standing to demand a similar demonstration of cause if my wife chose to leave me for no specific reason.

That’s whack.


292 posted on 11/29/2007 7:17:46 PM PST by Deut28 (Cursed be he who perverts the justice)
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To: HairOfTheDog
Put a penalty on those who file no-fault.
293 posted on 11/30/2007 8:17:44 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: highball
Ah, an emotional argument.

An analogy.

294 posted on 11/30/2007 8:19:13 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Deut28
That's what is destroying the social infrastructure in America. We could be hit by natural disasters, spreading plague, financial trouble, recessions and depressions, and survive, but not with a destroyed family structure.

295 posted on 11/30/2007 8:22:45 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: William Terrell

What kind of penalty? Forty lashes? Public humiliation? Take their kids away and never let them see them again? Give them the kids but no money? Forfeit their investment in common property? What?


296 posted on 11/30/2007 8:31:26 AM PST by HairOfTheDog
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To: HairOfTheDog

Also,
what if (as in many cases) both parties want the divorce. The marriage is over, they both want to move on. Who gets slapped if both are in agreement?


297 posted on 11/30/2007 8:34:42 AM PST by najida ("Will you dance at my birthday party?")
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To: HairOfTheDog
Sounds good to me.

298 posted on 12/01/2007 6:26:30 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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