The marriage contract, what is it?
Now that we have no fault divorce we can safely say that marriage is no longer a contract. Contractual relationships do not let one person or entity break the contract, so marriage is not really a binding contract. So marriage isn't really a contract yet there are still binding liabilities involved when it comes to divorce. I am not sure how this is legally possible, yet the courts find a way to force legal obligations onto divorcing parties.
Another way to determine the strength or value of a contract is the outcome of the contractual relationship when it is dissolved in the courts. When we look at divorce in the courts we see a gender biased system that is so one sided that any man would have to be mentally ill to enter such a contract willingly. Unfortunately men have no idea these days what the marriage contract actually means when they decide to get married. The fact is that the marriage license isn't really a contract and there is nothing in writing to actually describe with the marriage contractual relationship is. To identify this we actually have to work backwards from the courts based on their decisions.
Outcomes of divorce
In community property states after a specified time of marriage all of the property will be divided equally in a divorce. A person who marries and divorces wisely can make a huge profit in the property division.
Statistically speaking women get primary custody of the children in 90% of divorces. Men usually get standard visitation that is about 22% access to time with their children. With the children comes the financial benefit of child support paid to the mother.
Child support is a deep pockets system that has not basis in the costs or raising children. It is based on a percentage of the father's income. Usually 25% plus depending on the number of children involved. So mothers get a huge financial benefit in this aspect of divorce.
Lawyers have admitted that false accusations of domestic violence and child abuse are standard operating procedure for divorcing women. These false accusations allow them to evict the husband from the house without notice and give him no time to take his personal property. These false accusations also give the women an advantage in the courts to get custody of the children sometimes up to 100% based on the accusation. This also will increase their child support awards
As you can see all of these outcomes of divorce work to the benefit of women! No, I haven't listed all of the outcomes of divorce just the most important and basic outcomes. But this certainly illustrates how divorce benefits women and is not in anyway an equal consideration contract situation. Men would never get married if they were warned as to the outcomes of a failed marriage being so biased against them.
Who is in control?
The courts and legislative branches of the government are influenced or controlled by Attorneys. This is because attorneys comprise most of the people who work within these branches of government. We also need to consider that the American Bar Association is possibly the largest political lobbying group in America based on their level of influence and financial donations. Attorneys are also the main group of people who can benefit from the destruction of marriage. This financial benefit comes from the fact that divorce causes litigation.
I will acknowledge that divorce litigation is necessity in today's society but not at the quantity we see it. The increased litigation is because the system is so biased that in order to try and get justice litigation is now necessary. If the system were fair and just in its foundation then litigations would only be necessary in extreme cases. I would guess that if the system were fair and just the divorce rate would decrease by half within 5 years if not almost overnight. If the system were fair and had a specified decision making process then the litigation in the existing cases would also decrease by half within 5 years or sooner.
If you are following this thought process you are starting to realize that the system that encourages divorce also encourages litigation. And the more biased and unjust the system is then the more litigation is created. The divorce industry is an industry that destroys marriages and disenfranchises fathers for profit. Common sense says this is wrong.
Because there is increased litigation when conflict is involved, there must be a build in method to cause conflict. The most effective way to cause conflict is to create a bias against the party most capable and willing to fight for their rights. It also helps to make the bias so huge that the only option is to fight. When this system of bias and litigation is created it must be protected by not letting the disenfranchised party win. If this happened it would then be established that the conflict is unnecessary. So the injustice must be protected at all costs. To do this the appeals process must also be biased and any lawyer who steps up to bring justice to such a corrupt system must be kept in line at all costs including disbarment. That is why this system has grown in its abusiveness over the last 35 to 40 years.
The common sense explanation:
Common sense says that you do not reward bad behavior. If a bad behavior is rewarded then it will be increased by the encouragement. Divorce is encouraged by the entitlements given to women who divorce. They get to keep almost all of the benefits of marriage while removing the husband. With no fault divorce these women are not even penalized when causing the destruction of the marriage while committing adultery.
Common sense also says that children need both parents and that this is true even in the case of divorce. So if each parent's rights were protected then the parenting time would start at an equal 50% shared parenting. This basic practice alone would benefit children and also help discourage divorce by removing one of the entitlements currently given to women.
Common sense also says that if there was a need for a child support obligation, that this should be directly related to the needs of the children and the costs involved. Anything beyond that would stay at the discretion of the parents just as it is in an intact family.
The last common sense consideration is that if the system were fair there would be little or no need for litigation. That the divorce rate would fall and children would have more access to their parents either in intact families or shared parenting.
So why is it again that we have no fault divorce and gender discrimination in the family law system? It is because the courts, lawyers, and social service agencies all profit from a biased system that destroys families, creates litigation, and involves social services in the process.
By John Buethe.
Director of M.A.D. (Men Against Discrimination) MEN UNITED
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