I was reading on Quora an answer to the question, "Should no fault divorce be abolished?":
I wonder, why don't we apply this kind of logic to other kinds of litigation? For example, if you buy a $10,000 car, and it breaks down the next day and turns out to be totally defective, why don't the courts say, "It would be a big hassle to try to figure out who's really at fault for this deal not working out, so let's just arbitrarily find that the dealership is not at fault, and that the purchaser needs to continue making payments on his car"?
With no-fault divorce, that's essentially what you're dealing with: an as-is purchase where if your wife is so defective that she can't/won't fulfill her marriage vows, you still have to make child support payments after she leaves and takes the kids. As-is purchases are great if you think that car salespeople are just really trustworthy people by nature, and therefore you don't mind taking the risk; but maybe some people would prefer a warranty.
What I find interesting is that even though we have no-fault divorce as a way of avoiding costly litigation, the courts still are called upon to make the very subjective and potentially controversial determination of what's in the best interests of the child. I asked on Quora, "If expert witnesses can determine what is in the best interests of children, why can't they also determine who was at fault for a divorce?" but, as often happens on Quora, I'm not sure that respondents understood what I was getting at.
In child custody proceedings, often they'll subject the child and/or parent(s) to evaluations, so that an expert witness can give his opinion about whether the child would be better off in the custody of the father or of the mother. If you try to question the expert witness's conclusions, the court will say, "Well, this guy has a long string of letters after his name, so he's qualified to say what is the truth about this matter." In reality, the expert is just looking at the available facts and interpreting them in light of what his culture would say is appropriate behavior for a parent.
Why, then, wouldn't an expert witness be able to also look at the behavior of both parties to a marriage and decide which one was at fault for the marriage's breakup? That would be like how a mechanic could testify as to whether a car was defective, or if the owner abused the car (didn't perform the proper maintenance, etc.)
I think we can safely say that if warranties didn't exist, most people simply wouldn't buy new cars, because they would perceive it to be too much of a risk, especially if they saw that a bunch of their friends had gotten ripped off after buying defective cars. That's what MGTOW is all about. Men are deciding they'd rather sit on the bus next to a wino (i.e. bang sluts, and forgo the advantages of having condomless, reproductive sex), or just sit at home (i.e. masturbate), rather than invest in a car.
Hey, public transportation can be fun. I enjoyed riding the jeepneys in the Philippines. I like riding trains sometimes too. But maybe having to rely on it all the time gets old after awhile.
Quote:Ty Doyle Wrote:
Among other things, fault divorce was (1) expensive, (2) time-consuming, (3) ugly by default, and (4) placed the onus on the party seeking divorce to prove the other spouse's lack of fitness, which wasn't always easy, even when allegations of wrongdoing were true. Further, (5) the process gave power to a spouse who wanted to oppose the divorce, which often made the process even more onerous and sometimes dangerous, with the spouse seeking divorce (plus any children) made hostage. And finally, (6) in many states, the fault regime had broken down, with parties and their lawyers lying about the conditions of the marriage in order to check one of the permitted boxes for a divorce, and judges looking the other way.
I wonder, why don't we apply this kind of logic to other kinds of litigation? For example, if you buy a $10,000 car, and it breaks down the next day and turns out to be totally defective, why don't the courts say, "It would be a big hassle to try to figure out who's really at fault for this deal not working out, so let's just arbitrarily find that the dealership is not at fault, and that the purchaser needs to continue making payments on his car"?
With no-fault divorce, that's essentially what you're dealing with: an as-is purchase where if your wife is so defective that she can't/won't fulfill her marriage vows, you still have to make child support payments after she leaves and takes the kids. As-is purchases are great if you think that car salespeople are just really trustworthy people by nature, and therefore you don't mind taking the risk; but maybe some people would prefer a warranty.
What I find interesting is that even though we have no-fault divorce as a way of avoiding costly litigation, the courts still are called upon to make the very subjective and potentially controversial determination of what's in the best interests of the child. I asked on Quora, "If expert witnesses can determine what is in the best interests of children, why can't they also determine who was at fault for a divorce?" but, as often happens on Quora, I'm not sure that respondents understood what I was getting at.
In child custody proceedings, often they'll subject the child and/or parent(s) to evaluations, so that an expert witness can give his opinion about whether the child would be better off in the custody of the father or of the mother. If you try to question the expert witness's conclusions, the court will say, "Well, this guy has a long string of letters after his name, so he's qualified to say what is the truth about this matter." In reality, the expert is just looking at the available facts and interpreting them in light of what his culture would say is appropriate behavior for a parent.
Why, then, wouldn't an expert witness be able to also look at the behavior of both parties to a marriage and decide which one was at fault for the marriage's breakup? That would be like how a mechanic could testify as to whether a car was defective, or if the owner abused the car (didn't perform the proper maintenance, etc.)
I think we can safely say that if warranties didn't exist, most people simply wouldn't buy new cars, because they would perceive it to be too much of a risk, especially if they saw that a bunch of their friends had gotten ripped off after buying defective cars. That's what MGTOW is all about. Men are deciding they'd rather sit on the bus next to a wino (i.e. bang sluts, and forgo the advantages of having condomless, reproductive sex), or just sit at home (i.e. masturbate), rather than invest in a car.
Hey, public transportation can be fun. I enjoyed riding the jeepneys in the Philippines. I like riding trains sometimes too. But maybe having to rely on it all the time gets old after awhile.