Saturday, April 2, 2011

No-Fault Divorce is a Disaster

No-fault divorce was supposed to make divorce simpler and less costly. It accomplished exactly the opposite.

Sometimes, couples mutually agree to divorce for various reasons. These couples rarely have contentious or difficult divorces that end up in court and are resolved between the couple.

However, sometimes one person is forced to file for divorce due to another persons behavior. For example, maybe your wife is advertising herself as a single woman on internet dating services while still married and living with you, spending money on vacations to Canada with men, forcing you into bankruptcy with out-of-control spending, among many other things. Or you husband is cheating on you, never comes home at night, and is selling drugs from the marital home, is abusive, among other things. You must file for divorce for survival purposes.

Sometimes a person files for divorce because their intentions were never right to begin with. Perhaps, you are wealthy, have a good job, or a lot of assets, and your spouse married you for those reasons and is waiting for a period of time to acquire half your assets. Or the person knew you were a decent person and he/she could mooch off of you and not worry about your retaliation for their bad behavior.

Isn't it only right and just that these things be considered in divorce proceedings? Should a woman who fraudulently marries a man be entitled to the same award as a devoted wife who helped her husband achieve his success, made sacrifices to help him get there?

Should a faithful wife who is abandoned with a houseful of children by her husband receive the same settlement/child support award as the woman who ended the marriage by cheating? If a woman or a man cares so little about their own children and family to cheat on their spouse, shouldn't that be a consideration for custody? They were both in the same marriage, yet one spouse chose to cheat, which parent is most probably going to make the most sacrifices and be the better parent? I think the answer is obvious. And so do most sane people.

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