Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: general_re
I disagree wrt the impact of no fault divorces because imho we are talking about what happens in the courts, not just what the law is. In the same way for example, our 'deport only after years and years of appeals' BIA courts have implemented 'open borders', there is the written law and the law that really exists in the courtrooms.

What you are saying is that the courts have implemented 'de facto' no fault divorces in their behavior towards divorce. I agree. Indeed, I can bring up horror stories of lies told and believed about 'abusive' husbands that divorced wives and men-unfriendly family courts use to deny men their rights to custody. The whole family court system has been 'feminized' in an anti-male and anti-family way (your mileage may vary). No fault divorce is just one obvious example of a host of changes. Go back to 1890 and you might be able to divorces but (a) the *men* would get child custody and (b) child support was not common. Incentives matter, and there was no legal basis for a woman to utterly abandon her mate yet demand years of financial support. This is a huge change, and one that has favored family break-up.

Your mileage varies state by state, but I would guess that New York on balance gives as much imbalance in favor of family break-up in the divorce system as other states.
So fixing no-fault divorce is step in the right direction, but only one step.

Finally: No law can make a corrupted culture non-corrupt.

103 posted on 03/08/2004 2:07:23 PM PST by WOSG (http://freedomstruth.blogspot.com)
[ Post Reply | Private Reply | To 99 | View Replies ]


To: WOSG
Finally: No law can make a corrupted culture non-corrupt.

Precisely my point. As long as there is no stigma to divorce, divorces will continue, almost regardless of what the law says. It's the eternal paradox of the law, essentially - good people don't need the law to be good, and bad people won't obey it anyway....

104 posted on 03/08/2004 2:11:16 PM PST by general_re (The doors to Heaven and Hell are adjacent and identical... - Nikos Kazantzakis)
[ Post Reply | Private Reply | To 103 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson