What fifty years of no-fault divorce has gotten us
By Beverly Willett
Courtesy of Washington Examiner
Until sued for divorce, many spouses have no idea they can be divorced without cause and against their will.
I’m a lawyer and I, too, was in the dark right up until my husband left. So why is this violation of the U.S. Constitution that has shattered innocent lives not on the agenda of any candidate running for high office?
Fifty years ago this summer in 1969, California Governor Ronald Reagan signed the first no-fault divorce statute into law. Since then, all states have enacted similar legislation. Despite early applause from lawmakers that these laws would serve couples, they have negatively altered the landscape of marriage and family in the United States and violated the U.S. Constitution.
The 14th Amendment mandates that no person be deprived of life, liberty or property without due process of law. The Amendment’s procedural protections include the plaintiff’s obligation to assert grounds, the defendant’s right to be heard, including the right to cross-examine and call witnesses, and offer evidence, and the right to impartial decision-making. But spouses sued for divorce have no right to their day in court. No weighing of evidence takes place. Only one spouse need allege, […]
