For your consideration only:
The State has a legitimate duty for the “common good” of all citizens…and all statistics/social/psychological studies clearly say enduring marriages help the common good/society in untold and innumerable ways…divorce does just the opposite…SO…the State should not be making divorce an “easy” option…period!
As far as no-fault divorce for abusive relationships…get the courts really involved by sticking with a “fault divorce” system…and my bet is that you see less abuse…the penalties will be so severe and the costs so high…that abusive guys (and in some cases gals)…will not want to suffer the penalties…the divorce may happen…but the abuser will be held in check by the penalty’s he.she will occur. As far as the “crazy” “psych” abusers…they have to be taken down/out by physical force/restraint…any type court/divorce proceeding will not stop them. (in my historical and cultural family…the men who date, court or marry any one of our women relatives (close or distant)…get a very “pointed” briefing by some of the men in the family…and what it will cost them if they ever physically abuse a woman in the family…it is a “one way conversation”:…and they understand very clearly that we men in the family are as “serious as a heart attack” on this issue…and the “briefing” has always worked…divorce, yes, it has happened but no abuse…Nada…Zip…Zero! It is simply not an option…that we men in the family will put up with from anyone…a man physically abusing one of our women…for any reason!).
Lastly…in divorce and family courts…there is no real/effective appeal process like all other criminal and civil court matters…so to me the whole family/divorce court system is unconstitutional…one judge gets it wrong…and there is no way of getting a chance to appeal/reverse his/her bad/erroneous decision…a judge’s personality and personal /social agendas…can and do often run rampart with no real “checks and balances”…especially in their stereotypical roles they have in their minds against the man…and for the woman.
Also…re: these two statements…
That is a good point. It is hard to see why we should make divorce harder to get when annulments are granted with such ease. What is the point in making someone suffer trying to save a marriage that doesn’t even exist except on paper?
OriginalJS Re: New York Moves Closer to No-Fault Divorce
The problem is that divorce, whether by traditional fault-based proceedings or by “no-fault” legislation, is generally accepted as routine by too many citizens. The Church has not helped the situation by issuing so many annulments either. The fact is that in the US now divorce/dissolution coupled with** an annulment that used to be hard (and I mean hard**) to get is easy. Who ever hears of a court denying either a divorce or dissolution or the Church denying an annulment now*?* I don’t think what New York does on this will make any difference.
You have no basis for making these statements…First, you are not recognizing the Church’s doctrine and what she teaches abound Sacramental Marriage and you are mixing “apples and oranges” so to speak…when you are implying divorce and annulment are the same thing…and more importantly…you are saying that the Church should not grant annulments…unless it (the Church) agrees with you on how to do it! So, simply put…you don’t agree with the Church’s Canon Law and the Bishop’s/Church’s Tribunal decisions…and…by what authority do you make these statements…that the Chruch is wrong!
Second, the Church has Tribunal lawyers and a legal system that puts a ton of effort into these cases…unless you happen to be a Tribunal canon lawyer with first hand experience…how can you justify these statement…or is it just your opinion…the impressions that you have? Do you have any idea of how many annulment requests have been turned down?
I do agree that there seems to be a lot of annulments today versus pre-Vatican II…but it is not my place to judge the Bishop’s Tribunal decisions with no facts on each specific cases where an annulment has been granted! Rather, I propose…that we let the Pope and the Curia officials in the Church’s “Supreme Canonical Court”…who have the facts and can see the “nuts and bolts” of each case…judge the bishop’ s tribunals in the Local Churches…and guide/correct them…if needed.
Lastly, you make statements about how annulments used to be “hard” to get…now they are too “easy”…when the Church’s operative words/goal in the annulment process is…Truth and Justice! I would suggest that it is a grave injustice and a serious lack of charity to be so dismissive and critical of Canon Law and the Tribunal lawyers efforts to attain truth and justice for our Catholic brothers and sisters who turn to the Church in their time of great need.