Five Myths about No-Fault Divorce
by Stephen Baskerville
Almost four decades after the “no-fault” divorce revolution began in California, misconceptions abound. Even the many books about divorce, including myriad self-help manuals, are full of inaccurate and misleading information. No public debate preceded the introduction of no-fault divorce laws in the 1970s, and no debate has taken place since.
Yet divorce-on-demand is exacting a devastating toll on our children, our social order, our economy, and even our constitutional rights. A recent study estimates the financial cost of divorce to taxpayers at $112 billion annually. Recent demands to legitimize same-sex marriage almost certainly follow from the divorce revolution, since gay activists readily acknowledge that they only desire to marry under the loosened terms that have resulted from the new divorce laws. Divorce also contributes to a dangerous increase in the power of the state over private life.
Here are some of the most common clichés and misconceptions about modern divorce, along with the facts.
Myth 1: No-fault divorce permitted divorce by mutual consent, thus making divorce less acrimonious.
Fact: No-fault divorce is unilateral divorce. It permits divorce by one spouse acting alone for any reason or no reason. No “grounds” are required, and the involuntarily divorced spouse need commit no legal infraction, either criminal or civil. It is therefore forced divorce, meaning you can be divorced over your objections. (Some 80 percent of divorces today are unilateral.) ….