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Home > 1996 > April 8Christianity Today, April 8, 1996  |   |  
NEWS: 'No Fault' Divorce Under Assault



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Ten years ago, Mark and Betty Squier's 19-year marriage appeared to be finished. They endured in what they now call a "married singles lifestyle." Mark, a police officer, had become a self-described workaholic, holding down an additional two jobs, while Betty, a full-time homemaker, devoted herself to the couple's five children. They had become virtual strangers with separate lives. Mark began an extramarital affair with a woman he met through work, and in May 1986, he filed for divorce.

In Michigan, where the Squiers live, adultery is still a felony. But, Mark says, "I was able to file for divorce because of this adulterous relationship, and had I gone through with it, I would have received no prosecution from the government for my criminal conduct and no censure from my church or the state for breaking my vows to my wife." What's more, under Michigan's no-fault divorce laws, Mark could divorce Betty against her will and walk away with half the family's wealth.

Betty, who did not want the divorce, eventually persuaded Mark to attend a Retrouvaille marriage retreat with her. An international Catholic lay ministry, Retrouvaille targets troubled marriages. Through the Retrouvaille program, the Squiers found new hope for their marriage, and Mark withdrew his divorce action.

Today, the Squiers say their marriage is stronger and happier than ever. They have become volunteer leaders with Retrouvaille, helping other couples address marriage problems. They also have joined a growing public campaign in Michigan to reform the laws that would have made it so easy to break apart their family. "It's a matter of putting justice back into the courtroom of divorce," says Mark.

NO-FAULT DEFAULT: Nearly 30 years ago, social activists argued that the elimination of the fault-based divorce system would reduce acrimonious court proceedings and enhance the status of women. However, given mounting evidence of the negative impact of divorce on families, children, and society, a burgeoning—and surprisingly diverse—movement is now calling for radical re-examination of U.S. divorce policy. As at least nine states consider new legislation this spring, many Christian leaders are urging churches to consider their own role in addressing crumbling family structures.

At issue are policies and assumptions that have been in place for more than a generation. California became the first state to adopt the "no-fault" divorce concept, which is now the basis of divorce law in all 50 states. Under California's 1969 Family Law Act, a marriage could be dissolved if either partner cited "irreconcilable differences which have caused the irremediable breakdown of the marriage." Legislatures across the nation quickly adopted the idea.

Divorce rates have since skyrocketed. In 1960, about 393,000 marriages dissolved through divorce or annulment. That number has tripled to almost 1.2 million annually. There are many contributing factors, but a 1995 study by the University of Oklahoma concluded that no-fault divorce laws raised the divorce rate by more than 15 percent. The divorce rate has stabilized in recent years because marriage rates have decreased, with growing numbers of unmarried couples cohabiting.

COUNTING THE COST: Numerous studies document the societal tolls of such trends. Judith Wallerstein, who began ongoing studies of divorced families in 1971, has conducted some of the most definitive research. "Few adults anticipate accurately what lies ahead when they decide to divorce," Wallerstein wrote in her book "Second Chances." Years after divorce, Wallerstein found adults still experiencing severe anger, depression, and financial difficulties. Children of divorce suffered even more, she discovered, exhibiting health and emotional problems and a higher rate of antisocial behavior.

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