The Fight Against Divorce

On her website, Davis, who is the mother of seven children, writes:
Under our current laws the innocent spouse can lose their home, finances and custody of their child / children while the guilty frequently get to walk away with a check for the marital equity and very little responsibility for ruining the lives of all the others involved.
June Carbone, law professor at the University of Missouri, is one of the most outspoken critics of the bill. She raises the specter of “battered women” who will be unable to obtain a divorce because the standard for abuse is too high. In this article, in which Carbone attributes provisions to the bill that are not stated in the text, she objects that spouses must prove physical abuse with concrete evidence or testimony from non-family members and that the abuse must occur more than once.
The bill waives the requirement for proven abuse, adultery or desertion in the cases of couples who have been living apart for two years. This seems to be a serious weakness in the measure. It means that a spouse could leave the home and obtain a unilateral divorce by simply waiting.
Not surprisingly, the state’s lawyers have come out against the new bill, partly out of what they claim to be their magnanimous concern for children. (more…)


