Q4All: In your opinion, should Fault Divorce be brought back? If so, how should it be legally structured?

shoup88 · 2016-09-19T16:45:15+00:00

Similar to what Archwinger has said, I think demanding a party prove fault in order to exit an unhappy marriage just opens the doors to lies and baseless accusations. What could have been an amicable split will inevitably turn into a legal nightmare for everyone involved.

I also disagree that there are only a few specific reasons why a couple should be able to divorce. Personal unhappiness, a sexless relationship, and incompatibility should be reasonable grounds.

Although I don't believe we should bring back fault-based divorce, if we ever did I don't think the at-fault spouse should automatically lose custody. Not only does this increase the mud-slinging, but a person can commit adultery and still be a fantastic parent.

Archwinger · 2016-09-19T16:19:06+00:00

No. The government will just fuck it all up with political correctness.

"You say your wife cheated, but do you have the signed documentation proving that you aren't in a polyamorous, open, swinger cuckhold relationship? Because the state of fuckassville recognizes those kinds of marriages as valid and binding! We're so open-minded and inclusive!"

sublimemongrel · 2016-09-19T16:29:08+00:00

No, because I don't believe that anyone needs an identifiably "bad" reason to divorce. Inb4 "but marriage is a contract": A marriage is NOT the same as a contract, and regardless, contracts can be breached under our law for no reason or any reason at all, without "punishment" (just liability).

Fault-only divorce means people have to stay legally tied to one another forever - even if they are unhappy and mutually want to be apart (or if only one of them does). There is NO other area of law I can identify that requires this.

Also, really the only area of law I see being unjustifiably unfair to men in the even of a divorce is child custody. I would get behind 50/50 joint custody by default laws, which are popping up in some states. I would still only agree with it if the judge was granted the normal amount of judicial discretion wrt family laws (as the judge is in every other area) and it would have to take into account that you couldn't always practically have this in the case of infant children or families that move large distances from each other.

GaiusScaevolus · 2016-09-19T17:36:12+00:00

I'd keep a No Fault system available, but alimony cannot be awarded to the initiating party. Child custody should have a presumed even split as well.

aznphenix · 2016-09-19T16:25:11+00:00

i wouldn't want it to come back. sometimes you have reasons for not wanting to be married to someone that fall outside of the no-fault-approved reasons for divorce.

i also think it would be great if people waited to get married and made sure it was to the right person... but even people who try to do everything right can change, or just realize the marriage isn't good for them anymore. i don't see the benefit in keeping those people together, really. even with kids involved, if they can manage to care for the children separately... to me, that seems preferable to staying unhappy together (since that unhappiness does eventually bleed into the lives of those children too, i'd expect).

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Master_of_Ritual · 2016-09-20T02:06:16+00:00

Fault divorce should exist as a fairly easy option, but not the default. People should be able to place those constraints on themselves if they want without having to hire a lawyer to craft a contract line by line.

despisedlove2 · 2016-09-20T03:08:54+00:00

Yes. We need to get rid of the no fault divorce.

People don't take their marriage vows seriously. Marriage is all but dead.

rulenumber303 · 2016-09-20T05:35:41+00:00

There are problems with Fault Divorce. I'm not totally opposed to a hashing over of the wrongs and rights of the marriage in divorce court but there are problems.

Firstly, fault based divorce is a lot more expensive in terms of lawyers etc... and poor people are the class that probably has the most instances where one party to the marriage is such a screw up that divorce is the best thing for the minor children involved.

Secondly, fault based divorce disadvantages the open and honest compared to people who are sly and liars so much so that even the usually honest are likely to become sly and scheming. If a person starts to feel their marriage is in its last days and knows their spouse will be opposed to divorce under any circumstances, they have two paths to choose from. They can shut up about it and plot for how to obtain or manufacture evidence of fault, or they can be open and honest with their spouse. Clearly the first is the one that offers the simplest out from the marriage and unless the spouse is a saint, some sort of evidence will eventually be able to be provoked or manufactured if the spouse who wishes to leave keeps their head down and works covertly.

Thirdly, the scandals often associated with fault divorce is not exactly good for the kids.

Entropy-7 · 2016-09-20T10:19:19+00:00

I spent several years as a divorce attorney in British Columbia and this question is quite the shit and really it would take a tectonic shift in everything for us to go back.

There are a few other talented lawyer types here who can tell you just how expensive and generally fucked it is/would be to argue about such things in court.

My view is that marriage should be an important bond that can't be tossed aside. . . ..just because.

[deleted] · 2016-09-20T13:12:04+00:00

She only gets to keep her assets, no severance package.

inquiringmindswould · 2016-09-20T14:25:06+00:00

The real solution is completely getting rid of gov't licensure of voluntary arrangements. But considering that isn't going to happen, maybe a mix.

There could be no-fault provisions if both parties consent. But, if one parties cheats and/or violates the terms of the marriage and it could be demonstrated, they would be considered at fault and would not be entitled to certain benefits (alimony, assets, etc.). Legally, marriage is a incorporation and there are rules of conduct for a corporations.

sunkindonut149 · 2016-09-20T17:32:38+00:00

No because it's pretty bizarre to limit people's right to enter into, and break, legal contracts at will.

[deleted] · 2016-09-23T01:57:36+00:00

No, just eliminate incentives. Limit period of alimony to a year or two max. Limit child support to about $8000 per year and presume joint custody.

Title	Q4All: In your opinion, should Fault Divorce be brought back? If so, how should it be legally structured?
Author	AliceOxalis
Upvotes	2
Comments	63
Date	September 19, 2016 4:11 PM UTC (9 years ago)
Subreddit	Posted in /r/PurplePillDebate
Original Link	https://old.reddit.com/r/PurplePillDebate/comments/53ib7f/q4all_in_your_opinion_should_fault_divorce_be/
Archive Link	https://theredarchive.com/r/PurplePillDebate/q4all-in-your-opinion-should-fault-divorce-be.272875 https://theredarchive.com/post/272875

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