Aug 20 2008
Does No-fault divorce make stronger marriages?

Divorce is one of those creations, like fast food and lite rock, that has more people willing to indulge in it than people willing to defend it. Back in the 1960s, easier divorce was hailed as a needed remedy for toxic relationships. But familiarity has bred contempt. In recent years, the divorce revolution has been blamed for worsening all sorts of problems without bringing happiness to people in unhappy marriages.
There’s a lot of evidence that marital breakup does more social harm than good. In their 2000 book, The Case for Marriage, Linda Waite and Maggie Gallagher document that adults who are married do better than singles in wealth, health, and personal satisfaction. Children living with a divorced or unwed single parent are more likely to fall into poverty, sickness, and crime than other kids.
Marriage is a good thing, most people agree, while divorce is, at best, a necessary evil. So the laws that accompanied the divorce revolution have come under fire for destroying families and weakening safeguards for spouses who keep their vows.
Waite and Gallagher argue that loose divorce laws harm even intact households by fostering chronic uncertainty. Louisiana, in line with this criticism, has gone so far as to provide a “covenant marriage” option for couples who want the protection of stricter divorce rules.
It may seem obvious that easier divorce laws make for more divorce and more insecurity. But what is obvious is not necessarily true. What two scholars have found is that when you make divorce easier to get, you may actually produce better marriages.
What could account for these surprising benefits? Something simple: A change in divorce laws alters the balance of power in a marriage, giving more leverage to the weaker or more vulnerable spouse.
If either partner can demand a divorce, each has a greater incentive to keep the other content. If an abused spouse has an open exit, some abusers—and potential abusers—will find it possible to behave themselves.
By assuring both people in a marriage that they can get out if things go badly, the looser laws can foster the sort of behavior needed to make sure things go well. Just as a driver in a small car will drive more cautiously than someone in an oversized SUV, couples faced with loose divorce laws may handle their family obligations with greater care.
No-fault divorce once looked like a remedy for bad marriages, in the same way that amputation is a remedy for a gangrenous limb. The good news is that it may prevent the disease in the first place.
Read the whole article here.
[From me]
Interesting findings. I would be interested what marriage counselors have to say about this study. The fact is for followers of Jesus, the Bible makes it clear that God hates divorce. Unfortunately we live in a fallen society where it happens more than we would like to see. I have been counseling with several struggling marriages in different states over that last year. It is really sad to see the pain that both spouses are going through. I don’t like divorce but sometimes “separation” is necessary to shock the other spouse into the reality of the situation.
What do you think?
No responses yet
