Comments on: In Defense Of No-Fault Divorce http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/ No Assumption is Sacred Sat, 12 Dec 2009 00:20:24 +0000 http://wordpress.com/ hourly 1 By: rainbow http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-30214 rainbow Thu, 15 Feb 2007 01:02:05 +0000 http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-30214 I was abused for 20 years as a child. My father tried to kill my mother when I was one. She never filed criminal charges. My friend got a divorce from her abusive, addicted husband. He got supervised for 6 months, then regular joint custody. Her child cowers and cringes and cries all the time. Divorce court did nothing for me and my friend's child and even less for victims of emotional and financial abusers. I was abused for 20 years as a child. My father tried to kill my mother when I was one. She never filed criminal charges. My friend got a divorce from her abusive, addicted husband. He got supervised for 6 months, then regular joint custody. Her child cowers and cringes and cries all the time. Divorce court did nothing for me and my friend’s child and even less for victims of emotional and financial abusers.

]]> By: ohwilleke http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-23960 ohwilleke Fri, 05 Jan 2007 00:32:51 +0000 http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-23960 No fault only means losing your children to your abuser if a judge finds that it is in the best interest of the child (in light of what they experience) and the abuser is not in jail or prison. Guys in Sing-Sing or on Riker's Island don't do very well in custody fights under No Fault rules. Domestic violence victims who press charges already have to recount their victimization once to police, again to the DA, and usually a couple of times to a criminal court. Indeed, they are sometimes compelled by subpeona to do so involuntarily. Requiring this to happen yet again in divorce court doesn't help, and 5th Amendmenet issues would likely make abuse divorce cases with parallel criminal cases drag on even longer, waiting only until the criminal case is over. Also in No-Fault states, parallel temporary restraining orders provide a middle ground between criminal prosecution and fault divorce. No fault only means losing your children to your abuser if a judge finds that it is in the best interest of the child (in light of what they experience) and the abuser is not in jail or prison. Guys in Sing-Sing or on Riker’s Island don’t do very well in custody fights under No Fault rules.

Domestic violence victims who press charges already have to recount their victimization once to police, again to the DA, and usually a couple of times to a criminal court. Indeed, they are sometimes compelled by subpeona to do so involuntarily. Requiring this to happen yet again in divorce court doesn’t help, and 5th Amendmenet issues would likely make abuse divorce cases with parallel criminal cases drag on even longer, waiting only until the criminal case is over.

Also in No-Fault states, parallel temporary restraining orders provide a middle ground between criminal prosecution and fault divorce.

]]> By: Rainbow http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-23941 Rainbow Thu, 04 Jan 2007 22:52:44 +0000 http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-23941 No fault means losing your children to your abuser. At least fault allows mom to stay with the children. No fault means losing your children to your abuser. At least fault allows mom to stay with the children.

]]> By: Glaivester http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-9495 Glaivester Fri, 20 Oct 2006 21:07:26 +0000 http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-9495 For people like Wilson, it seems to me that it should be possible to have both "no fault" and "fault" systems. For people like Wilson, it seems to me that it should be possible to have both “no fault” and “fault” systems.

]]> By: ohwilleke http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-8357 ohwilleke Fri, 06 Oct 2006 20:52:06 +0000 http://creativedestruction.wordpress.com/2006/10/05/in-defense-of-no-fault-divorce/#comment-8357 In New York State, which is the only true no fault hold out, feminists are a big part of the opposition, driven mostly by the belief that it allows better alimony awards than in no fault states which are often stingy in that respect. In states that had ceased to have no fault, the Christian Right is the only group that wants to return to it. In New York State, which is the only true no fault hold out, feminists are a big part of the opposition, driven mostly by the belief that it allows better alimony awards than in no fault states which are often stingy in that respect.

In states that had ceased to have no fault, the Christian Right is the only group that wants to return to it.

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