The ‘Uniform Divorce’ Project

Top Ten Secrets of No-Fault Divorce …did you know?

What is no-fault divorce anyway?

1. It’s a ‘lawsuit.’ One party is suing the other.
2. The U.S. Constitution requires that the party filing a lawsuit must provide a reason – a ‘claim’ – but in this kind of lawsuit, there is no claim.
3. The party being sued is supposed to be allowed a ‘defense,’ but without a ‘claim,’ how can there be a defense?
4. The party that files this type of lawsuit always wins.
5. In a no-fault divorce, the judge doesn’t ‘judge’ – he performs a ‘ministerial’ act which has the same outcome every time: “Divorce granted.”
6. The one that is filing the lawsuit is often the party with ‘unclean hands’ even though the doors of the court are not supposed to be open to the wrongdoer.
7. No-fault divorce was originally ‘sold’ as a mutual-consent action when, truth-be-told, it was secretly maneuvered into place as ‘unilateral-divorce-on-demand.’
8. The State (through its officers – judges/lawyers) is not neutral – it always takes sides with the party filing for divorce.
9. No-fault divorce works like the ‘takings’ doctrine – with the State having the power of eminent domain over the marriage – and taking it away, along with the many benefits, without due process, purportedly for the Public Good.
10. The State’s police powers can be deployed to enforce the State’s ‘divorce policy.’

How many of these things did you know?
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See also: The Impact of Unilateral Divorce on Crime (2008)