Should No-Fault Divorce Be Legal?
Couples shouldn’t be allowed to get a divorce without a really good reason.
This may be a Q1 violation if you think the government shouldn’t have a say in whether you get a divorce or not, you want to avoid situations where people may be tempted to lie in order to comply with the law, or you don’t define "really good reason" rigorously.
This may be a Q2 violation if you would not want to have to stay married because you could not convince a court that your reasons for divorce were good enough.
This statement appears to take as given that keeping married couples together is a good thing. To maintain consistency, a "good reason" for a divorce must be one by which the bad being done by keeping the couple together outweighs the good of not breaking up a marriage.
Which (if any) of these would you consider to be a sufficiently good reason for a divorce?
- Incompatible personalities or sexual incompatibility.
- An extramarital affair.
- Physical or emotional abuse.
- The couple discovers that they are cousins.
- One of the partners is permanently handicapped or disfigured.
- One of the partners is no longer attractive to the other due to weight, health, or age.
- One of the partners just turned 40 and wants to marry someone significantly younger.
- One of the partners is no longer able to have children.
- Although they originally agreed not to have children, one of the partners now wants children.
- One of the partners has undergone a significant change in personality or beliefs.
- One of the partners has a job that is causing the other one stress.
- One of the partners lied about something that might have impacted the other’s decision to get married (age, health, criminal past, infertility, previous marriage, sexual history, drug use, former gender, etc.)
- One of the partners has been in a coma for months and may never awaken.
- One of the partners is in a vegetative state but may be kept on life support indefinitely.
- One of the partners disappeared and hasn’t been seen in two years.
When deciding whether a marriage should be kept together despite the couple’s wishes, a number of mitigating factors might be taken into account. Which (if any) of these should be considered when deciding whether a couple should be allowed to get a divorce?
- The marriage has not been consummated.
- The couple has been married a very long or very short time.
- The couple married as teenagers.
- There are children or an unborn child involved.
- There are children involved, and the children are being seriously affected by the tense atmosphere at home.
- One of the partners is having an affair with a rich, single person who would be a better parent for the children.
- The couple has not sought marriage counseling, or has been fruitlessly seeing a marriage counselor for years.
- The couples’ religion forbids divorce.
- The couple would be willing to lie about their relationship in order to make it sound as if they had a good reason to divorce.
You are encouraged to leave your answers to the questions posed in this post in the comments section. This post is based on an excerpt from Ask Yourself to be Moral, by D. Cancilla, available at LuLu.com and Amazon.com. See the 2Q system page for details of the philosophical system mentioned in this post.