No-Fault Divorce :Cure or Plague

Essay by airborneranger85College, UndergraduateA, August 2008

download word file, 4 pages 5.0

"In 1965 the divorce rate was 2.5 per 1000 of the population" (United 2-5). That skyrocketed to "5.0 in 1976" (United 2-5). Why? What has gone with wrong with the sacred art of marriage in America? What has created this divorce epidemic? Cohabitation, recession, and children suffering divorce/multiple divorce experiences have been cited as possible factors in this tragedy. However, the one factor that has caused the most serious debates and court actions, to include several state actions, is the "No-Fault Divorce" law.

By far, the biggest correlation between divorce rates and any one factor is the implementation of the " No-Fault Divorce" in 1969. It was the brainchild of Miami lawyer Stanley Rosenblatt. He called for a "revolution" (Rosenblatt 2) that would eliminate fault grounds of divorce and give everyone the right to a unilateral divorce after a cooling off period of 60 days or so.

Rosenblatt cited several statistics that pro no-fault believers argue today. Some of his statistics during the time just before no-fault was introduced were:•One-fourth of marriages ended in divorce (Rosenblatt 9).

•Of these divorces, 85% to 90% were not contested (Rosenblatt 11)!•Extremely few lawyers specialized in divorce (Rosenblatt 128).

•Most common grounds for divorce (Rosenblatt 8):1. Cruelty 40%2. Desertion 33%Rosenblatt and advocates of the no-fault "promised us two great benefits. (1) No-fault would reduce conflict, as a spouse would no longer be forced to assign legal blame for the marriage's end, (2) and no-fault would enhance respect for the law, as couples longing for a divorce would no longer have to commit perjury, lodge false accusations of adultery to get one" (Gallegher and Whitehead 26). Rosenblatt also felt that it would be an emancipation proclamation for men, who wereMcCarthy 2economically oppressed and victimized by the little woman. Rosenblatt felt that his...