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Monday, March 08, 2010

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Perhaps they learned Civics/Social Studies in thuh Librul Publick Skool Sistum.

Actually the easiest way to bring down divorce rates is to do these things:

1) Require proof of wrongdoing (such as the traditional grounds for divorce, i.e. adultery, neglect, abandonment, and abuse), in every divorce where the respondent contests it and place the burden of proof upon the petitioner. We can allow for counterclaims by the respondent. The risk of counterclaim has a way of reducing the workload of the courts.

2) Rebuttable presumption that the petitioner, regardless of gender, is volunteering to give up custody of the children, to pay child support, and to give up the house, unless she can PROVE one of the traditional grounds for divorce.

3) The original argument, and it was as phony as a 3 dollar bill with Clinton's picture on it, for "no-fault" divorce is to allow divorce by mutually agreed contract. Well shucks! We can allow that WITHOUT stripping respondents in contested divorces of their right to DUE PROCESS OF LAW as we do in our no-fault, unilateral divorce regime.

AND

4) Restore ALL provisions of the state and United States Constitutions to the practice of family law. As there is no excuse for domestic violence, neither is there any excuse for violating the Constituion! If a state constitution prohibits imprisonment for debt, that is sufficient reason to not do it! If peonage is a crime, 18 U.S.C. 1581, that is sufficient reason to indict family court judges for doing it.

But then again, these measures would not increase government the way "counseling" does. Counseling is a placebo.

As a former Oklahoman, two things strike me about this. First, the term "Republican-controlled legislature". When I lived there, Oklahoma was essentially a one party, Democratic state. Fortunately, Jimmy Carter fixed that. Second, this illustrates the dangers of "compassionate conservatism" in which progressive statism is re-labeled as "conservative". Using state-sponsored coercion to (hopefully) promote a civic good, is not conservative.

When laws were changed to make divorce easier and to blatantly favor women over men, it was not a case of government meddling in private affairs.

But now there's talk of undoing some of that, and suddenly it's not a proper topic for elected representatives.

Funny how that works, isn't it?

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