Item from the Smart Marriages Archive, reproduced in the Divorce Statistics Collection

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Push to require consent or fault in divorce resurfaces

Some say state laws make it too easy for spouse to end marriage

August 30, 1999

BY NEDRA PICKLER ASSOCIATED PRESS

LANSING -- Even though efforts to make it harder to get a divorce in
Michigan have died in the last two legislative sessions, the push is on
for another try.

Groups supporting the new effort say that under Michigan's no-fault
divorce law, it's too easy for someone to end a marriage, even if one
spouse wants to preserve it.

"In Michigan, a contract for a refrigerator or car is more protected than
a marriage contract," said Dan Jarvis, research and policy director of
the
Michigan Family Forum in Lansing.

Jarvis said he expects a package of bills restricting divorce will be
introduced after the Legislature returns from summer break on Sept. 21.
Although the details have not been hammered out, he said the package would
probably mirror legislation debated in 1995.

The 1995 plan encouraged premarital and pre-divorce counseling and allowed
a divorce if both parties agreed. In disputed divorces, someone
would have to be at fault for the divorce to be granted.

Grounds for divorce would include abuse, adultery,
imprisonment, desertion or substance abuse. If no fault was
found, the couple could divorce after four years of separation.

Lisa Hoffman said such a plan would have saved her a lot of
emotional and financial turmoil. The 62-year-old said she found
out her husband of 20 years was having an affair. She said she
wanted to go to marriage counseling, but he left her and got
nearly half of their property in the divorce.

"The person who commits adultery in a marriage -- children or
no children -- gets rewarded with 50 to 40 percent of the
property settlement," she said.

State Rep. Ed Vaughn, D-Detroit, said he doesn't think a new
divorce law is needed.

He said he believes divorce is already hard enough -- both
emotionally and financially -- and that keeping families together
requires a "spiritual awakening of the nation." He
predicts that eliminating no-fault divorce
wouldn't keep families together, but,
rather, would create more separations.

Backers of the legislation admit they have a tough legislative
fight on their hands, but they are confident there is more support
now than ever before.

"There is recognition that divorce is bad and something needs to
be done," Jarvis said.

Michigan Family Forum's 1998 survey of lawmakers indicated
that 51 of 110 representatives and 15 of 38 senators support
replacement of the no-fault system with one requiring
consent or fault. Fifty representatives
and 18 senators didn't answer or said they
were undecided.

Fifty-six votes in the House and 20 in the Senate are needed for
passage.

Attempts to stem Michigan's divorce rate have been the subject
of debate in Lansing for the past few years, and some solutions
offered by conservative groups have been adopted.
Drastically overhauling the state's
no-fault divorce system, however, has
proved more difficult.

Bill Ballenger, editor of the "Inside Michigan Politics"
newsletter, was a legislator when the no-fault divorce system was
passed nearly 30 years ago. He doubts the law will
be changed, although he said "it's not
beyond the realm of possibility."

"The idea that marriage should involve a commitment and
Michigan has gone too far and we've got to get back to having
standards like loyalty and commitment ...has a certain
appeal to
it right now along the broad spectrum of the population," he
said.

"But I don't think that means that it will breeze through the
Legislature."

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