And fault gives them yet another incentive. Inevitably, children will be recruited as informants and witnesses in the legal battle to establish fault. The faultfinding may also be exploited to prejudice or interfere with the child’s attachment to the parent who is at fault. Of course, this ugly practice of blaming and discrediting the other parent goes on under no-fault divorce law, but fault will provide legal justification for such behavior. Moreover, establishing fault in contested cases would require more aggressive and time-consuming litigation and thus more billable hours from lawyers, therapists, private investigators, pension specialists, expert witnesses, and all the others in the divorce industry.
This will create financial constraints and burdens for those who can least afford it. The Ivana Trumps of this world may have the resources to fight a protracted fault battle (and to win some of its spoils) but not the average first wife, especially if she has spent her life as a full-time wife and homemaker. Since most legislation limits fault to contested divorces involving children, children are likely to be the biggest economic losers.
Marital assets will be squandered and dissipated in fault battles, leaving fewer resources for the maintenance and care of the children after the divorce. Some proponents of fault argue for higher barriers to divorce, as this in their reasoning will increase commitment to marriage. They say the harder it is to get divorce, the more couples will try to maintain their marriages right from the beginning. This argument seems appealing viewing it on the surface, but it is not so persuasive when viewed critically, especially when we consider those that will be most heavily influenced by the reintroduction of fault: the young adults approaching marriage for the first time.
Today’s young adults, many of who are products of divorced marriages, are more ignorant and wary of marriage than the earlier generation of Americans. Those children who grew up with divorced parents have little practical knowledge of marriage and thus are two to three times more likely to divorce than their generational peers who grew up in married-parent households. Fault law in divorce seeks to reassert institutional authority over marriage in a society where that authority has broken down elsewhere.
This is an understandable response to our current
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