Reforming Divorce Laws

We all know the marriage rate is declining in the West. Dalrock and Sigma Frame have pointed this out. As fewer and fewer people marry, I think it is worthy to raise the issue of Divorce reform. Reform would work to benefit those who are married, and would likely result in more marrying again – so long as the reforms ensure that men will not be at a net loss if they are divorced.

Here are possible solutions that would make obtaining a certificate of marriage more appealing (I would love it if some group were to draft a Model Divorce Reform Act):

  • Make those who apply for a marriage license aware of the laws concerning marriage, and divorce.

 

  • Standardize “Alienation of Affection” statutes
    • Only 7 states recognize the tort of Alienation of Affection as a possible claim.
    • The feminist movement is trying to pass statutes that would eliminate these tort claims as options.
    • Make the statutory criteria for making this claim have a low threshold

 

  • Criminalize adultery
    • Even where adultery is illegal, the laws on the books are rarely enforced. The legal term used in adultery statutes is “criminal conversation.”
    • It can be penalized with several different punishments:
      • Serving time
      • Monetary (unlikely)
      • A temporary prohibition on remarrying (lets say 5 or 7 years)

 

  • Repeal no-fault divorce, or heavily penalize no-fault divorce.
    • Require both parties to consent to “no-fault” divorce

 

  • Make alimony and custody contingent on the fault of divorce
    • No one cares about the morons who file for “no-fault” divorce, so screw them. However, if a person abandons their family, or is caught up in adultery, their ability to gain custody of their children, and receive any form of alimony or spousal support should be greatly diminished.
    • A woman who commits adultery on her husband should not have any custody over her children.

 

  • Require DNA testing of children
    • This can be done at birth, or during divorce
    • If a child is not the husband’s offspring, the husband will have no legal responsibility for the child
      • With an exception for adopted children, of course.

 

  • End Alimony, or heavily restrict alimony
    • Alimony should be used only in extreme circumstances, such as when a housewife of decades is abandoned. It should be restricted to marriages that lasted at least 15 years

 

  • create a statutory “heirloom trust” that ensures that all family property- the property that has been passed down the family, from one generation to the next, is protected from any property division, and make the lawful owner the blood relative who received the property.

 

  • Increase the amount of years one must be married to receive social security benefits
    • It is currently 10 years. It should be at least 15 years, and preferably 20 years.

5 thoughts on “Reforming Divorce Laws

  1. “A woman who commits adultery on her husband should not have any custody over her children.”

    Might want to get a DNA test before hanging those kids around the cuckold’s neck.

    Like

    1. I believe I posted mandatory DNA testing at birth, or immediately upon filing for divorce.

      So we can amend that to read “custody over the husband’s biological or adoptive children.”

      Liked by 1 person

  2. I think it would be better to use biblical categories for property rights in marriage. The system of law in the Bible recognizes husband and wife as having distinct property rights, not common ownership of all things. Abraham’s wife, Sarah, had her own tent.

    Historically, a woman’s property was her “dowry”, and the price a man paid to her family was called “bride price”. Bride price has now been reduced to a wedding ring, and the ring itself has become the dowry, as the woman usually keeps it in a divorce. (Though most women now bring a “dowry” of thousands in student loan debt…)

    In a marriage contract, I should be able to distinguish that the ring, furniture, and other property that my wife brings into the marriage are hers. If I am at fault in a divorce she may lawfully take them with her. A marriage contract might include a clause that I will make regular contributions to her dowry by purchasing additional furniture, household goods, or financial assets for her.

    Biblically, real estate is the inheritance for the sons, not for the daughters. The only exception is if there are no sons. (Daughters are supposed to receive their inheritance in the form of their dowry when they are given in marriage.)

    If there is a divorce even for justifiable grounds, my wife is not entitled to take the inheritance of our sons, by grabbing the house and land. It is for my sons. If I die, my wife should not inherit my house. (My friend’s mother squandered her first husband’s real estate on her second husband, instead of leaving it to her only son, as she should have.)

    All of these concepts were normal in the Middle Ages and in English Common Law up until the 19th century. Now the “right of dower” still exists, but it is used as the justification for making the ex-husband pay alimony.

    Custody of children should be given to their father by default, unless he refuses, or there are other extenuating circumstances. Child support should only be imposed if the father voluntarily abandoned custody to his ex-wife.

    Like

    1. A lot to address here. Primary: no one would go along with it. advocating those ideas is a way for churchians and society to gang up on you.

      As per common law, you are mostly right, save for protection of homes for widows- who wouldn’t own the home, but would have the right to possess it.

      As per custody, I would agree, and its based on science.

      Like

      1. Seems legit to me, even if it didn’t happen to be in the Bible. Recognizing a man and woman as having distinct and separate property rights recognizes the woman as having agency. And it also avoids the confusion of a man marrying a woman, and then her “unity” with him, instantly conferring the right to half of his property.

        Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s