via Chief Justice Leah Ward Sears: As a judge I have long held a front row seat to the wreckage left behind by our culture of disposable marriage and casual divorce that my brother so despised. No-fault divorce was a response to a very real problem. The social and legal landscape that preceded it largely prevented casual divorce, but it often trapped people in abusive marriages. It also turned divorces into even uglier affairs than they are today, forcing people to expose in court damaging information about their children’s other parent. That system was intolerable, and we should never go back to that. But no-fault divorce’s broad acceptance as an unquestioned social good helped usher in an era that fundamentally altered the seriousness with which marriage is viewed. It effectively ended marriage as a legal contract since either party can terminate it, with or without cause. This leaves many people struggling to remake their lives after painful divorces that they do not want. It also left many parents cut off from, or sidelined in, the lives of the children they love…Of course, there are occasions when divorce is necessary. And not everyone should marry. But it has become too easy for people to walk away from their families and commitments without a real regard for the gravity of their decision and the consequences for other people, particularly children. Removing no-fault divorce as a legal option may not be the right way to move forward, and the solutions we need may not be entirely legal in nature. But answers must be found. The coupling and uncoupling we’ve become accustomed to undermines our democracy, destroys our families and devastates the lives of our children, who are not as resilient as we may wish to think. The one-parent norm, which is necessary and successful in many cases, nevertheless often creates a host of other problems, from poverty to crime, teen pregnancy and drug abuse.
