Scott Tibbs
Legally binding contracts should be legally binding
By Scott Tibbs, February 5, 2024
Let's say that you hire a company to build a septic system. The company takes your payment, does shoddy work on the first half and then abandons the job. You are forced to hire another company to finish the job. You can then sue the first company for breach of contract. If the courts find the contract has indeed been broken, you are awarded compensatory and punitive damages.
Yet the owner of that company can abandon his wife of 30 years for a woman half his age, and the courts will recognize and rubber-stamp the dissolution of the marriage over the wife’s objections. Which has done more damage: Was it the shoddy work and costing a homeowner a few thousand dollars and a significant inconvenience? Or was it abandoning a woman and her children and then leaving those children without a father?
There was a time when marriage was a legally binding contract. One party had to show good reason why the marriage could be dissolved, and the spouse being divorced could contest it. Our country embraced sexual rebellion, and our leaders bowed to their rebellion in the same way that Aaron allowed the people of Israel to worship the Golden Calf. "No-Fault Divorce" has been a stain on our nation ever since.
Of course, marriage is much more than a legally binding contract. It is the lifelong union of one man and one woman, who become one flesh. Marriage represents the union of Jesus Christ and His bride, the church. Marriage is a covenant, not a contract. Marriage and family are the foundation of our society, and no society without strong families can preserve liberty and prosperity indefinitely.
But what about domestic violence? Would eliminating no-fault divorce put women in danger? These fears are not illegitimate, but they are exaggerated. A man who abuses his masculine strength to beat his wife should be dealt with by the criminal justice system. We could write the divorce laws in such a way that domestic violence leading to divorce makes it easier to get and renew a restraining order. A domestic violence determination could also result in n automatic concealed-carry permit.
But the majority of divorces are "no fault." A lifelong covenant can be tossed aside as easily as unsubscribing from a streaming service, and more easily than breaking a cell phone contract. Yes, we should abolish no-fault divorce. Our nation will be more economically prosperous, both men and women will be more protected from rash decisions, and children will have more stability and security. The "no-fault divorce" experiment has been tried and has been proven to be a failure. Let's restore legal protections for marriage.
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