When a marriage doesn’t work, couples automatically rush to a lawyer to sign the divorce papers. In the meantime, they point the finger, place blame and turn what can be an amicable ending into a nasty nightmare. However, current U.S. laws protect couples under the no-divorce clause, which allows couples to end their marriage without having to prove wrongdoing or a breach of marriage contract.
Chicago Marriage Examiner talks with Connie White, coordinator of A.M.E.N.D to Defend, to learn more about why her organization is working to end no-fault divorce.
Chicago Marriage Examiner: What is A.M.E.N.D. to Defend?
Connie White: The letters A.M.E.N.D. is an acronym, which stands for Assisting Marriages Ending No-fault Divorce. We are a small grassroots group who has made it our mission to strive to preserve, protect and defend the sanctity and integrity of marriage by ending the current practice of no-fault divorce.
Chicago Marriage Examiner: Your organization strives to put an end to no-fault divorce. Define a no-fault divorce? How can couples prevent from this happening?
White: No-fault divorce basically means a divorce in which it doesn't matter who did what to whom that caused the marriage to break down; the parting spouses are not required to prove fault or a reason for ending the marriage other than showing that the marriage cannot be fixed. No-fault divorce allows for and encourages easy walk-aways. In essence, a marriage contract, just like any other contract, is the meeting of the minds of the contracting parties. A breach of contract involves the failure of one partner to properly perform his/her contractual obligation either by refusal to perform or by the improper or incomplete performance. When a breach of contract occurs, the victim may treat the contract as discharge and thus sue for damages.
In marriage, therefore, emotional and/or physical abuse and adultery are absolute deal breakers. No husband or wife, in their right minds, would sign up for abuse or to be victims of adultery. However, when a marital contract is breached, the victim of abuse or adultery cannot sue for damages because the courts turn a blind eye to the breach - it allows for a divorce but under the title of no-fault. Is this not an oxymoron? How is that possible? What does this say about the integrity of our justice system? How about “hostile takeovers” in business - this behavior is frowned upon and dealt with in our court systems, yet, third party interference in a marital relationship is ignored.
Amend to Defend believes government policy and our legal system are demonstrating negligence in their duty to uphold and honor the sanctity and integrity of marital contracts by not recognizing contractual fault. Furthermore, and in addition to, religious contracts, that is contracts forged in a church are not honored and dealt with the same fairness as business contracts. Contracts without limits and borders allow for easy walk away. In essence, no-fault divorce is a euphemism for forced divorce.
Chicago Marriage Examiner: What is your organization’s mission?
White: We believe marriage is a sacred contract and must be acknowledged, valued and protected. We believe abuse and/or adultery is a deal breaker, and thus the breaking of the marriage contract. Third party interference must also be acknowledged and should have a legal consequence. We do, however, acknowledge that if a couple comes to a mutual agreement to end their marriage, then no-fault divorce is appropriate to be applied. We believe the protection of traditional family values, a clear definition of marriage and its boundaries, along with the protection of our children is paramount. We want to promote the understanding and necessity of the commitment involved in maintaining a healthy, happy and respectfully peaceful union between husband and wife. Marriage is the basis for the family, the fundamental human society. We cannot simply believe in our values, we must live our values and those values must be reflected in our laws.
Top 10 reasons to end no-fault divorce:
1. No-fault divorce effectively abolished marriage as a legal contract. There are no consequences for breaking the marriage contract. In all other areas of law, contract breaking is not without a consequence. End no-fault divorce and make divorce more difficult to obtain by re-establishing the concept of "fault" in divorce actions.
2. Lifelong commitment and sexual exclusivity between husband and wife are ignored, devalued and disrespected by our current laws. The health of the unsuspecting spouse is put at risk.
3. No-fault divorce allows one spouse to terminate a marriage for any reason and at any time. End no-fault divorce and allow the victim of adultery to seek legal compensation from the adulterous spouse for contract breaking and for personal injury such as emotional/physical stress, financial hardship.
4. No-fault divorce allows adultery - both cheating spouse and third party are not held legally accountable. It is like a “hostile takeover” in business. End no-fault divorce and allow the victim of adultery to pursue legal compensation from the third party for “alienation of affection” or “crime against marriage.” A consequence must be in place for those who directly interfere with another couple’s marital relationship.
5. No-fault divorce takes away the individual right to defend against a divorce action by alleging fault.
6. Family funds are used to support affairs (gifts, vacations, etc.), often creating a financial burden on the family, eroding and depleting family funds.
7. Research shows that children are the ultimate casualties of divorce. Society is paying the tremendous costs for the consequences of divorce (welfare dependency, foster care, juvenile crime, gang violence, depression, poor academic standing, drug and alcohol abuse, etc.)
8. End no-fault divorce and give couples time out. Research shows that a minimum of a 90-day waiting period after the filing of the divorce action gives the couple time to reflect. More often than not, couples attempt reconciliation. As the couple begin to rebuild and reconstruct their marriage, often they reach a deeper level of intimacy and the marriage bond is stronger than before. During this time, the couple must be free of third party interference.
9. It violates the 7th Commandment of God.
10. End no-fault divorce and unite people and organizations to support this petition and create the political will to amend our laws to reflect our family values. A strong definition of marriage, the meaning and importance of a marriage contract, and firm and fair boundaries must be set, acknowledged and respected.
Chicago Marriage Examiner: What kinds of laws or rules should Chicago couples be aware of when dealing with divorce?
White: All states and provinces now offer no-fault divorce, yet some implications are not considered grounds for divorce in certain states. A no-fault action is described as a divorce where the spouse imposing the divorce does not have to prove the other spouse was at fault in order to cause the divorce. Only 13 states consider no-fault as adequate grounds for divorce. Fault-based grounds are only offered in approximately 39 states, and must be due to excessive cruelty, desertion, drug use and/or adultery.
Check out the grounds for filing a no-fault divorce in Illinois.
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Comments
This is ridiculous. I just got out of an abusive marriage. Getting rid of the no-fault clause would've allowed me to continue with the divorce, but it certainly wouldn't force my ex to be responsible for his inappropriate actions. This a crock.
How about making it harder to get married...oh wait, religious folk want lots of marriages, even if they are horrible mistakes. Gotta keep breading, right?
I think marriage is a government institution, in this sense, and it should be legally easy and inexpensive to end a marriage. People who marry are responsible for their own standing in their community or religious organization, not the state. The state should not use the Christian bible or any other religious book or document to dictate what is necessary for divorce.
I think a lot of faithful couples would not even get government marriage licenses and documents if there weren't tax incentives for it.
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