[quote]thunderbolt23 wrote:
[quote]MikeTheBear wrote:
A no-fault divorce system is simply a recognition that the court system cannot and should not function as a marriage counseling system. This is true. And most people that I know thought long and hard before getting a divorce, and some even managed to reconcile. And this was in a no-fault state. Yes, there will be some people who will end their marriages on a whim. People will always do stupid things, not matter what.
A fault-based divorce system is actually more of a boon for divorce lawyers because the process is so much more involved. A no-fault system actually saves on legal fees.
In a fault-based system you run the risk of couples who decide that, in order to circumvent the divorce process, they’ll just live together. Most laws prohibiting cohabitation have been off the books for decades, and in those states that still have them, they are never enforced.[/quote]
No, a no-fault divorce regime is a mechanism that changes the entire point of legally recognized marriage as an institution designed to encourage and promote permanent unions (for the sake of children, primarily) to one where marriage is, well, not designed to encourage and promote any kind of permanent union.
If marriages are this easy to get in and out of, it’s completely contradicts the entire legal function of marriage. Marriage is simply a temporary celebration of people being in love 9AS if society really cares about that very much), and when they fall out of love or get bored, they can get out of it easy, quick and move on to the next thing.
If this is what marriage is - and with the enactment of no-fault divorce and gay marriage, it has to be, there’s no convincing argument to the contrary - then there is no conceivable reason to have legally sanctioned marriage, for the simple fact that, under this aprpoach, legally sanctioned marriage doesn’t do anything for society.
Why give government benefits, etc., to two people just because they happen to enjoy co-habitating and can walk away from the arrangement just about at any time with little resistance? What does society gain from doling out the benefits of this kind of marriage then?
I disagree with the merits of this obviously, but for people who actually believe this, they shouldn’t be calling for an expansion of the marriage franchise…they should be calling for the abolition of its legal recognition.[/quote]
I’m not sure why gay marriage is being equated with no fault divorce, since it has no bearing on the duration of heterosexual marriages.
Aside from that, you have a point on no fault divorce potentially reducing the longevity of marriages. But where do you draw the line? Making divorce illegal would surely increase the longevity of marriages. But at what cost? Longevity is not always a good thing.
Also, no fault divorce doesn’t mean there aren’t significant costs to divorce. You still have to pay alimony and child support, divide your property, etc. Nobody would do that on a whim. I think annulment laws are far more damaging in that regard, relative to no fault divorce laws.