I recently found myself debating a group of younger folks about the merits and negative aspects of no-fault divorce law. We were comparing the differences between today's divorce laws and contract law. I was the only debate participant who had been married and through the divorce process.
We were debating why marriage is less enforceable and less consequential than an ordinary business contract. I didn't find it surprising that the word, "love" came up quite often when discussing the issue of one party leaving a marriage. What lacked understanding was this, at the end of a marriage, the reason you married (love) has nothing to do with the problem at hand.
Sure, neither fault or no-fault divorce laws are going to make someone who no longer loves you fall back in love with you but the kind of laws that govern the dissolution of a marriage will determine whether or not someone walks away financially damaged or not.
I'm of the opinion that if a person needs to "go find themselves" they should be free to do so. Doing so should not however leave the other party to the marriage financially damaged or destitute. Under no-fault divorce laws, the party left behind has very little legal recourse against the one who chooses to...post continue