Social Question

canidmajor's avatar

What do you think about a number of conservative legislators pushing for an end to no-fault divorces?

Asked by canidmajor (21583points) July 6th, 2024

In recent months I have been seeing this more and more, it is a cause of some concern to American women.

Please go a little deeper than the standard knee-jerk “people are treating marriages like Kleenex” and think of quality of life issues.

Here are some articles that have crossed my sightline recently.

https://www.theatlantic.com/ideas/archive/2023/09/no-fault-divorce-laws-republicans-repeal/675371/

https://www.theguardian.com/us-news/article/2024/jun/25/republicans-no-fault-divorce#:~:text=The%20socially%20conservative%2C%20and%20often,%2C%20and%20by%20extension%2C%20society.

https://www.huffpost.com/entry/no-fault-divorce-laws-explained_l_66443b2be4b09a547999e713

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29 Answers

janbb's avatar

The march to suppress women is underway.

LadyMarissa's avatar

The ONLY thing that shocks me is it took them this long to say it out loud!!! I’ve been trying to warn the younger ladies as to what they were signing up for but they see me as being old & not worth listening to. They can take care of themselves. The wives best start gathering evidence from day 1. They will lose their kids or stay & be abused. Alimony is a thing of the past. They haven’t said it out loud yet, but women working will be the next to go.Female executives…forget it.

Dutchess_III's avatar

Anything that benefits “Mostly women” seems to be an issue.
What are those men so damn afraid off??

SQUEEKY2's avatar

I just wish these women would wake up, and vote these idiots into oblivion come November.

canidmajor's avatar

@SQUEEKY2 You spelled “people” wrong.

Dutchess_III's avatar

I’m awake @Squeeks!

SQUEEKY2's avatar

Good!!! Now wake as many as you can beforre November.

flutherother's avatar

129.28 million American women are eligible to vote.
126.72 million American men are eligible to vote.
They won’t push so hard if they know they will get voted out.

seawulf575's avatar

Mixed feelings. When marriage became a government things, everything got screwed up. But we have seen a pendulum swing in the matter of divorce. At one point the man worked and the woman stayed home keeping the house and raising the kids. And if the man decided he wanted a younger woman, he could just divorce his wife and she was completely screwed. His money, his choice was the attitude and since she didn’t make money outside the house (usually) she got shafted. Then things swung way back the other way. We got rid of the idiocy that had been and replaced it with equal idiocy going the other way. We started no-fault divorce.

No-fault divorce did a couple things. First, it made the importance of marriage and a stable family environment fade away to a whim. This has led to a lot of social issues including poverty, crime, drugs, illiteracy, etc. Having both a mother and father in the home is important to raising children and without one or the other there are issues.

Another thing No-Fault divorce did was to not hold people accountable for their destructive actions in the marriage. Having a spouse that beats you or that cheats on you is horrible. But by saying no-fault, things become lessened by the courts.

The divorce/family courts are biased in favor of women 100% of the time. No-fault took away any poor behavior by the woman in a marriage and put her back to being the helpless little flower in the eyes of the court. Example: I have a very good friend that was married to a woman. This woman was a husband beater, sending him to the hospital several times. Police were called frequently. She started cheating on him. Yet when he finally filed for divorce he had to pay her alimony and child support until and after he got custody of the children. Because in a no-fault divorce, her actions that led to the divorce could not be brought up. Her violent temper had no bearing on anything, including initial child custody. And you can’t really reverse the roles because if the guy was doing everything this woman was doing (and many guys do), when she files for divorce, she is given alimony and child custody/support because that is how the courts react to men in family court.

If the states are requiring some reason for the divorce that eliminates screwing over the guys. While that may sound harsh and misogynistic, that is where we are with the courts. Yes, women feel they are going to get screwed if they have to actually prove some reason for a divorce, but if the guy is cheating or beating her that should be easy. If, on the other hand she is cheating and/or beating the guy, she should not be rewarded for that behavior.

But all this goes back to getting marriage out of the hands of the government. You should not have to get a license to get married. You certainly don’t need a license to file for divorce. Tax benefits for being married should go away (along with a ton of other tax laws). Marriage is supposed to be between a man and a woman. We have forgotten that.

Blackwater_Park's avatar

Does “no-fault” benefit mostly women? I think it benefits men just as much. There needs to be a major push to treat divorces more equitably. In southern states, men still get completely destroyed in divorces. It’s still better to have a divorce and get wrecked than to be trapped in a terrible marriage though. No-fault divorces are necessary. I generally advise young men never to get married now. You would be crazy to do it. People simply live too long now and life can take many different turns. Marriage made sense when you lived just long enough to have some kids and then die. It’s really a f’d up contract with the state, not your partner.

canidmajor's avatar

It benefits mostly women because the percentage of abused (physically and financially) women in marriages is so much higher than men, that the percentage of men as abused spouses doesn’t register on the meter. Yes, I know it happens, but rarely, by comparison.

A woman having to prove she was abused was very difficult, especially in a time when most judges and attorneys were men who simply saw it as reasonable discipline. An abused woman was treated in court like a rape victim, humiliated, disbelieved, and discounted. So many didn’t come forward for fear of reprisals.

Men predominately still have the most money, and the most power, despite all that masculine propaganda pushed all those years about “men getting screwed in the divorce”. The courts have handed down judgements and decrees that never got enforced.

I personally think it should be much harder to get married, there should be specific contracts drawn up covering obligations and property and support of children.

canidmajor's avatar

And as far as women voting this stuff down, voter suppression and difficulty impacts women to a much greater extent than men. While women are still the primary caregivers, hauling a couple of toddlers a distance, then waiting in line and dealing with the basics becomes a monstrous, and often impossible task.

Blackwater_Park's avatar

@canidmajor Men overwhelmingly get screwed over in divorces. It’s not some “masculine propaganda” It’s reality. The courts still greatly favor women. I 100% agree though that marriage should be harder and obligations chiseled in stone before a marriage license is granted.

janbb's avatar

In my state, assets are split evenly in the case of a divorce. If there is marital support, the wealthier spouse pays the poorer spouse and this is usually for a limited amount of time. College costs are split 50/50.

seawulf575's avatar

@canidmajor “It benefits mostly women because the percentage of abused (physically and financially) women in marriages is so much higher than men, that the percentage of men as abused spouses doesn’t register on the meter. Yes, I know it happens, but rarely, by comparison.”

Statistics tell a different story. Yes, women get abused more overall, but men are not so far behind as you would make it out to be.

Over 1 in 3 women (35.6%) and 1 in 4 men (28.5%) in the US have experienced rape, physical violence, and/or stalking by an intimate partner in their lifetime.

Almost half of all women and men in the US have experienced psychological aggression by an intimate partner in their lifetime (48.4% and 48.8%, respectively).)

1 in 4 women (24.3%) and 1 in 7 men (13.8%) aged 18 and older in the US have been the victim of severe physical violence by an intimate partner in their lifetime.

Proving abuse can be any number of things, calls to the police is the easiest, witnesses can be used, a whole litany of things can be proof. As for being primary caregiver, that is what I am talking about when I talk about court biases. Here’s a neat fact: I was the primary caregiver when I got divorced. I had a 6 yo daughter and twin boys, 2.5 yo. I was working rotating shift work. I lived out in the middle of nowhere. Somehow, I managed and I got no child support at all. Yes, I had to change my lifestyle, had to move, had to get to a place where I had support from family and friends. It can be difficult, but it isn’t about me, it is about the kids. That’s what is important.

But many women want the children so they can get the child support. Going into court a man has to prove his wife is basically unfit as a mother to get custody. But here’s another thought: we are squawking about no-fault divorce, why don’t we include no-fault child care? Let’s start with the point that men and women are equally good childcare providers. Nothing from the past can be brought up about how the other parent is with the children. Wouldn’t that be fair? Let’s do away with child support since each parent should be working to provide for their family.

That is what women fight against. They don’t want to have to prove they are good caregivers, they want it assumed. They don’t want to have to pay child support, they want to get it. Because childcare isn’t easy…it’s almost an impossible task. You said so yourself.

canidmajor's avatar

Your statistics only account for reported cases. Women often don’t report.

janbb's avatar

@seawulf575 “But many women want the children so they can get child support.” That may be one of the most asinine statements I’ve ever read. Don’t bother answering.

seawulf575's avatar

@canidmajor And men report even less. And are taken less seriously when they do. And are often ridiculed if they do.

seawulf575's avatar

@janbb I always love it when someone tries to slam me and then tells me not to answer. It tells me so much about you. You are a control freak.

Tropical_Willie's avatar

^^^^^HAHAHAHAHAHAHAHAHAHAHAHAHHAHAHHAHAHHAHAHA^^^^^

canidmajor's avatar

Read more carefully, @seawulf575, if you’re going to answer.

seawulf575's avatar

I did read carefully. You are, once again, trying to make women out to be the only ones being abused and are negating all that goes on for men. And that attitude is what has made the idea of getting rid of no-fault divorces something to consider.

janbb's avatar

I actually think no-fault divorce benefits men and women. Why should the state need to adjudicate between married couples? The laws about property settlements should be cut and dried as much as possible so that men and women get a fair deal.

canidmajor's avatar

No, @seawulf575, you did not read carefully, you skimmed and knee-jerked, missing the details. No surprise.

seawulf575's avatar

@canidmajor Whatever. All you are doing is saying “Nuh-uh!!” like a school girl.

honeybun35's avatar

They are allowed to do what they want

canidmajor's avatar

Oooh, snap.

Dutchess_III's avatar

Because women are usually the ones who file for divorce so let’s make it more difficult and expensive for them to be so mean.

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