Debate: Should divorce be made harder to get? Last updated 4/2/2020

This is a complicated debate.  Few people probably want to ban the ability to divorce altogether, but some people definitely think that divorce has gotten too easy or that it might be important to help people think through the consequences of divorce.

However, this is a real debate.  There are a variety of legislatures across the US who have been proposing changes in the last few years.  Here are some sample news articles.

So here are some questions to consider in making your argument and some sources to consider in thinking this through.

Why make divorce harder?

  • Is there is evidence that divorce is harmful to children or adults?
  • Is “divorce” itself really the cause of this harm?
  • Is there evidence that people regret getting divorced?
  • Is there evidence that people take “getting married” too lightly and give up to easily?
  • If you were going to make it harder to get divorced, how would you do this?
    • Create a “waiting” period?
    • Offer counseling?
    • Provide education about the consequences of divorce?
    • Is there any evidence that the above approaches work?

Why make divorce easier or at least leave the law alone?

  • Is there evidence that staying in a “conflict marriage” is harmful to children and adults?
  • What causes the “harm” we associate with divorce?
  • Is there evidence that divorce improves the adults and/or children’s well-being?
  • If you make divorce harder, what does this do to marriages in which there is domestic violence?

Here are a variety of sources that provide background evidence about the wisdom of making divorce easy or harder.

Some background references about Illinois Divorce Law

Illinois General Assemble.  (n.d.) Families. (750 ILCS 5/) Illinois Marriage and  dissolution of Marriage Act. Retrieved April 1, 2020 from http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

Illinois State Bar (2015) Summary of most recent changes in Illinois Marriage & Divorce Law.  https://www.isba.org/ibj/2015/11/newandimprovedillinoismarriageanddi

Heyman, M. G. (1978)  The Illinois Marriage and Dissolution of Marriage Act: New Solutions to Old Problems, 12 J. Marshall Journal of Practice and Process, 1.  https://repository.jmls.edu/cgi/viewcontent.cgi?article=2407&context=lawreview

Johnson, W. D. (1975). Marital dissolution and the adoption of no-fault legislation. Illinois Legislative Studies Center, Sangamon State University, ILSC paper, no. 2.

Vlosky, D. A., & Monroe, P. A. (2002). The effective dates of no‐fault divorce laws in the 50 states. Family Relations51(4), 317-324.  http://www.jstor.org/stable/3700329

 

 

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