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The Anti-Divorce
Revolution: The Debate on Marriage Takes a Surprising Turn
Town & Country, a glossy magazine for the
well-heeled, touted a special feature in its January issue:
"T&C's Guide to Civilized Divorce." Placed just before photos of
society newlyweds in the monthly "Weddings" section, the guide
highlights how to choose the right attorney, minimize costs, and
spare the children mental anguish. The 16-page insert even includes
a compilation of America's top divorce lawyers, complete with their
professional nicknames: "Your Worst Nightmare," "The Hired Gun" and
"The Stealth Bomber." Readers of slick magazines may be interested
in the mode of divorce, but the rest of the country is far more
concerned about its rate. One fact is well known: Every year since
1975, over one million marriages in the United States have ended in
divorce. What is less well known is that grass-roots efforts to
reduce the divorce rate are springing up across the country. Little
by little, an anti-divorce movement is gathering steam. State
legislators are considering reform of no-fault divorce laws.
Churches and synagogues are working with couples to hold marriages
together. Marriage education, as opposed to traditional marriage
therapy, is gaining popularity. New research challenges the
rationale behind divorce "for the children's sake," and analysts are
arguing for new attitudes toward marriage and the family. These
scattered battles add up to an undeclared but unmistakable war on
divorce. The legislative flank of this many-faceted
movement concentrates on rolling back "no-fault" divorce. First
passed in 1969 by the California legislature and signed into law by
then-governor Ronald Reagan, no-fault divorce was eventually adopted
in every state. It made a clean break with a past in which proof of
fault -adultery, cruelty, criminal conviction, desertion, addiction,
and so on- was always required. Under pure no-fault laws, a spouse
who wants out is relieved of the necessity of proving that his or
her partner is to blame for some fundamental breach of the marriage
contract: In effect, either spouse can end a marriage unilaterally.
A husband or wife has only to declare that the marriage is
"irrevocably broken" or that the couple has developed
"irreconcilable differences" and a divorce will be granted, usually
after a waiting period. The law thus sides with the spouse who would
dissolve the marriage contract, rendering a spouse who contests a
divorce essentially powerless. Only 14 states have pure no-fault
systems; the others have hybrids. In Pennsylvania, for example, a
couple can choose either fault-based or no-fault divorce. An
uncontested no-fault divorce is granted in 90 days, but if one
spouse contests, a two-year separation is required before a no-fault
divorce can take place. Originally, no-fault laws were meant to make
divorce less traumatic and more honest. Fault-based divorce required
proof of bad behavior on someone's part, and the proof was often
concocted by parties eager to separate. Another goal of the
reformers was equality. According to Lenore Weitzman, author of The
Divorce Revolution, no-fault laws were intended "to effect equal
treatment for men and women by abolishing the sex-based assumptions
of the traditional law" regarding matters like alimony and custody.
Barbara Dafoe Whitehead, author of The Divorce Culture, places the
rapid spread of no-fault in the context of the 1970s embrace of
individualism and self-actualization. "With the advent of expressive
divorce," she writes, "the argument for regulating divorce
collapsed." As a result, the marriage contract became
less binding. No-fault enabled men and women to escape horrific
marriages--and it allowed them to abandon average ones as well. The
number of broken marriages climbed, as divorce-on-demand became
standard. True, divorce rates were rising before the birth of the
no-fault nation, which leads no-fault advocates to blame a multitude
of other factors for the trend. But no-fault should not be let off
the hook entirely. During the 1970s, when more and more states were
adopting no-fault laws, the annual number of divorces shot from
708,000 in 1970 to 1,181,000 in 1979, an increase of 66
percent. Even as divorce was becoming commonplace,
public opinion remained ambivalent. Between 1970 and 1995, the
minority who oppose divorce as a solution to marital difficulty rose
slowly from 22 percent to 34 percent, according to CBS News polls.
More striking, through the '80s and '90s roughly half the
respondents to National Opinion Research Center surveys agreed with
the statement, "Divorce should be more difficult to obtain than it
is now," while the share who thought it should be even easier
hovered around 25 percent. Still, the public may not be ready to repeal
no-fault. Most attempts to toughen state laws have failed. The
notable exception came last July, when Louisiana enacted "covenant
marriage." Couples in that state now have the opportunity to choose
between a standard marriage and a covenant marriage, which includes
premarital counseling and, if the marriage should break down,
counseling before a divorce can take place. Covenant couples can be
granted a no-fault divorce only after a two-year waiting period,
four times the standard period. Yet covenant couples may seek a
fault-based divorce if there is evidence of adultery, abandonment,
physical or sexual abuse, or felony imprisonment. Since Louisiana's law took effect, only a
tiny fraction of couples have taken the covenant plunge. Legislators
are discussing variants of covenant marriage in Indiana, California,
Michigan, and Virginia, but in most states, reformers are looking
for other ways to make divorce more difficult and marriage more
thoughtful. Thus, a bill proposed in Virginia would allow
no-fault divorce only if neither spouse contests and there are no
minor children. "Loose divorce laws are a conspirator in the
breakdown of the family," says sponsor Roger McClure, a Republican.
"I'm trying to craft a way to protect the young mother who is
dependent on her husband and his income." McClure's bill died in
subcommittee. In Texas, Republican representative Arlene Wohlgemuth
introduced a similar bill that would have required a one-year
waiting period for a no-fault divorce. That bill also went nowhere,
but Wohlgemuth plans to introduce it again. In Florida, the Marriage
Preparation and Preservation Act, co-sponsored by Democrat Elaine
Bloom and Republican Steve Wise, would have required all couples to
submit to a four-hour premarital-counseling course before obtaining
a marriage license, and it would have withheld finalization of
divorces until the couple had attended a "marriage-preservation"
course. This too was defeated. The most comprehensive reform package has
been introduced in Michigan, by Republican Jesse Dalman. One
distinctive provision would require parents of minors to create
"parenting plans" if they wish to divorce; these plans would address
the childrenŐs physical care, residential schedule, education, and
emotional welfare. Dalman also proposes a three-tier divorce system:
consent, no-consent, and "legal separate maintenance." This hybrid
would replace Michigan's pure no-fault regime. The Dalman bills are
at various stages of review. One serious roadblock to such legislation is
concern about government intrusion in the private sphere. In the
Illinois House, Republican James Durkin was asked to sponsor a bill
that offered couples the choice between premarital counseling and a
60-day waiting period for a marriage license. He demurred on grounds
of government expansion. "It's not our place to dictate how people
will enter into the sanctity of marriage," he says. "For the state
to mandate premarital counseling is just going too far." And opposition hardly stops there.
Domestic-violence activists and others argue that stricter divorce
laws will make it harder for victims to leave abusive spouses. Other
advocates for women, meanwhile, point out that fault-based divorce
is expensive, forcing women of modest means to leave their marriages
without divorce and thus without the alimony and child support
afforded by the legal process. Nor are the country's pundits universally
admiring of anti-divorce efforts. In a column published last year,
the Nation's Katha Pollitt proclaimed divorce "an American value."
"The real aim of conservative divorce reform," she wrote, "is to
enforce a narrow and moralistic vision of marriage by rendering
divorce more painful and more punitive." Margaret Talbot, writing in
the New Republic, also argued for divorce as an honored American
right: "The love match, rather than the arranged marriage, has been
the norm in the United States from its inception. And since love
matches are inherently wobblier than arranged marriages, divorce has
long been something of an American tradition, too." But the issue is larger than how hard or easy
the law should make it for a couple to part when their marriage has
broken down. Those who believe that family breakup damages
individuals and the country are not confining their efforts to
legislation. Much of the energy behind the movement is religious in
inspiration, and much of the thrust is positive, stressing the need
to build strong marriages. Leading this charge is Marriage Savers, an
organization that works towards a simple goal: "What God has joined
together, let the church hold together." Michael McManus, a
syndicated columnist and president of Marriage Savers, has been
addressing the need to shore up marriage since the early 1980s. His
organization is based on the premise that religious institutions and
their congregations need to play a meaningful role in the marriages
they solemnize. "Too many churches," writes McManus, "are simply
blessing machines or wedding factories, grinding out weddings on
Saturday, with no strategy on how to help those couples be
successful." McManus does have a strategy, and it appears
to be catching on. In scores of cities, religious leaders of all
faiths have adopted what he calls a Community Marriage Policy.
Clergy from every denomination are invited to gather and draw up a
set of requirements for couples who want to be married. The goal is
to reduce the divorce rate by properly preparing couples for
marriage, building strong marriages, and saving marriages that face
disaster. In Grand Rapids, Michigan, for example, the Community
Marriage Policy requires couples to attend four
premarital-counseling sessions that involve religious instruction
and relationship training; and the clergy are pledged to promote
courtships of at least a year and to teach long-married "mentor
couples" to work with engaged couples. In Reading, Pennsylvania,
clergy encourage teenagers to sign a "True Love Waits" pledge of
sexual abstinence, require four months of marriage preparation, meet
with newlyweds twice in their first year of marriage, and urge all
married couples to attend a marriage retreat. Community Marriage Policies are gaining in
popularity. Modesto, California, signed the first one in 1986. By
1993, only 14 cities had joined the program, but since then, the
number has leapt to 80. While some cities have a long way to go
before they reduce their divorce rate, others are already claiming
success. According to McManus, Modesto has reduced its divorce rate
by 40 percent, and Peoria, Illinois, saw a 19 percent drop between
1991 and 1995. In addition to promoting Community Marriage
Policies, Marriage Savers is inviting all churches to offer marriage
counseling. The counseling that the group recommends begins with a
"premarital inventory," an exercise designed to help couples
evaluate their relationship. One inventory, entitled PREPARE, asks
each partner to agree or disagree with 125 statements, such as, "We
openly discuss problems and usually find good solutions," "I expect
that some romantic love will fade after marriage," and "I have some
concerns about how my partner will be as a parent." The partners
then discuss their answers with an older mentor couple from the
congregation who have volunteered their time to help the younger
couple think through issues surrounding marriage. McManus is
especially proud of the mentoring program. "In the Bible, Luke
writes that the Lord sent out disciples two by two into every town,"
he says. "You think of two Mormons walking down the street. My image
is of a man and a woman in their den, talking to a younger
couple." Generally, couples walk away from all this
mentoring and counseling with greater confidence in their future
marriage. Some, however, decide to break off their engagement.
According to Dr. David Olson, the author of PREPARE, one in ten
couples who take the inventory decides not to marry. (Olson claims,
further, that his inventory can predict with 86 percent accuracy
which couples will divorce and which will stay together.) Meetings
with mentors open a few eyes, as well. McManus says that, in his
church, mentor couples held premarital sessions with 135 couples, of
whom 25 decided not to marry. Better a broken engagement, goes the
thinking, than a broken home. Churches are promoting well-considered
marriage, but this is not exclusively religious work. Secular
efforts to improve marriages are growing as well. The Coalition for
Marriage, Family and Couples Education, run by former marriage
therapist Diane Sollee in Washington, D.C., serves as a
clearinghouse of information for people who want to learn more about
marriage education. The premise of marriage education is that men
and women can get along if they have the ability to communicate and
that ability is teachable. Explains Sollee, "Couples who stay
married and couples who divorce disagree exactly the same amount.
What matters is how they go about it. You can learn those skills."
Marriage-skills classes, intended for couples at any stage of a
relationship, are markedly different from group therapy. In fact,
emoting is strictly discouraged. " 'Express your feelings' is some
of the worst advice a person can give to a couple," says Sollee.
"Your feelings at the time might be that your partner is a
scum-sucking loser, but that's not going to help. Emotions can get
out of control--or you can share them within a structure." Exercises
such as premarital inventories may be useful to couples who are
having a relatively easy time of it, but those on the verge of
divorce need other kinds of help. The Catholic church--which has run
mentoring and other marriage-strengthening programs for
years--administers "Retrouvaille" (French for "rediscovery"),
designed for couples who, in the words of Diane Sollee, "answer 'no'
when you ask them, "Do you still love each other?' " During a
weekend retreat, mentor couples who have overcome major
rifts--caused by such problems as adultery and alcohol abuse--share
their experiences with participants who are considering divorce or
have already separated. Subsequent sessions help spouses work
through their grievances and, ideally, lead them to forgive each
other. Open to people of all faiths, Retrouvaille weekends
reportedly save eight out of every ten marriages they treat.
In the secular camp, Michele Weiner-Davis, a
Chicago family therapist, has built a practice around a new form of
marriage counseling--"Solution-Oriented Brief Therapy." Weiner-Davis
emphasizes that this is not traditional marriage therapy. "In a
Freudian approach to marriage therapy, you first try to understand
what the problem is," she says. "You look at the past, your parents,
and their marriage. Then you look at the combination of all that
with your spouse. That sort of introspection takes a very long time.
Instead of focusing on the past, I generate ways of handling the
current situation." Weiner-Davis developed her approach in the
1980s, but her practice took off after her book, Divorce Busting,
appeared in 1992. "People have flown in from all over the country,"
she says. "They read the book and think I'm their savior." And for
good reason: Weiner-Davis estimates that she saves 85 percent of her
clients from divorce. To reach as many people as possible, she
travels the country leading workshops and seminars for both
therapists and the general public. For marriages gone awry, the range of help
available has broadened. Larger questions, however, still lurk below
the surface. Why bother? Why keep a failed marriage together? Some
of those without religious answers look to scientific research for
clues. In the process, a number of intellectuals, some of them
liberals, have turned their attention to confronting the
divorce-friendly culture. Psychologist Judith Wallerstein has played an
unparalleled role in documenting how divorce affects children.
Starting in 1971, she tracked 131 children of divorce for 25 years.
For the purposes of her study, Wallerstein became a trusted presence
in the children's lives, interviewing them at various stages and
assessing their psychological well-being. She concluded that divorce
creates unexpectedly deep and long-lasting problems. Wallerstein
presents her findings in Surviving the Breakup and Second Chances:
Men, Women, and Children a Decade After Divorce. Her latest report,
released in July 1997, discusses 26 children now in their twenties
who were 2 to 6 years old when their parents divorced. Half of the
children developed serious drug or alcohol problems, some before the
age of 14. Fear of failing in their own relationships and fear of
having children are pervasive among them, as are severe feelings of
abandonment. Wallerstein and others who stress the high
cost of divorce raise hackles among those committed to the view that
children are better off when a bad marriage ends. But a new study of
family upheaval by sociologists Paul Amato of the University of
Nebraska and Alan Booth of Pennsylvania State University underlines
some important distinctions. According to their research, reported
in their 1997 book A Generation at Risk, the worst situations for
children are high-conflict marriages that last and low-conflict
marriages that end in divorce. And it turns out that most divorces
fall into the latter category: A whopping 70 percent of divorces end
"low-conflict" marriages. "For children's sake," Amato and Booth
conclude, "some marriages should not be salvaged. But in marriages
that are not fraught with severe conflict and abuse, future
generations would be well served if parents remained together until
children are grown." Outside academia, the starting point for much
of the current anti-divorce literature was Barbara Dafoe Whitehead's
famous article "Dan Quayle Was Right," in the April 1993 Atlantic..
Whitehead was then based at the Institute for American Values in New
York, whose president, David Blankenhorn, is another leading analyst
of the effects of divorce. In her article, she exposed the dire
straits of the American family and called for sustained attention to
the challenge of rebuilding it. "Every time the issue of family
structure has been raised," she wrote, "the response has been first
controversy, then retreat, and finally silence." This time, the
controversy has yet to die out. Whitehead expanded her argument in The
Divorce Culture, published in 1997. And last September, she joined
forces with David Popenoe, professor of sociology at Rutgers
University and the author of Life Without Father, to launch The
National Marriage Project, a mini-think tank fostering research and
critical thinking on marriage. Popenoe hopes to put marriage into
the political lexicon. "Marriage is a term that can be a third rail
in politics," he says. "People talk about families, not about
marriages." This positive attention to marriage is an important
development. "We've shifted from the critique of divorce to the
crisis of marriage," says Whitehead. Columnist Maggie Gallagher, the
author of The Abolition of Marriage, concurs: "I would never call
this an anti-divorce movement. It's a marriage movement. The focus
is not to punish people who have divorces. It's to tell people that
there is this extremely important thing called marriage that needs a
lot of support from education, religion, and public policy." Even
Judith Wallerstein, who spent the last 25 years tracing the effects
of divorce, has shifted her attention to marriages that last. Her
latest book, The Good Marriage: How and Why Love Works, is the
product of interviews with 50 couples who consider themselves
happily married. With efforts advancing on so many different
fronts to strengthen families and cultivate an aversion to divorce,
a continuing gradual shift in attitudes seems likely. Barbara Dafoe
Whitehead looks forward to a vibrant dialogue about marriage. It is
already taking place across the country, in statehouses and church
basements and living rooms. "This is a new and important movement,"
she says. "It's not monolithic. It's arising out of the cracks in
the sidewalks." Successful counter-cultural movements usually do.
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