Texas Legislator Seeks To Get Rid Of No-Fault Divorces and To Delay The Finalization Of Divorces

Matt Krause is a deeply religious man who feels that people too easily divorce. That is clearly understandable view and probably speaks well of his own marriage. However, Krause is also a Texas state representative and wants to make that decision more difficult for his neighbors. He has introduced bills that should more divorces more expensive and more time-consuming and thus more difficult for couples to secure. This is a point where libertarians and some conservatives part ways. As someone with strong libertarian tendencies, I recoil at the government enforcing moral codes on a couples in making it difficult for them to divorce after they have made that difficult decision within her marriage or families. He would specifically bar no-fault divorces to protect the sanctity of marriage.

The Fort Worth Republican would more than double the amount of time a couple must wait to finalize a divorce from 60 days to 180 days. There is no reason for such a delay other than to make things for difficult for such couples. However, it is the elimination of no-fault divorces that is most problematic. Currently, all 50 states offer no-fault divorce. Indeed, in 17 states and the District of Columbia, you can only file for divorce on no-fault grounds. Absent such an option, couples would have to accuse each other of being cruel or adulterous or being felons. That will make divorces nastier and only deepen the harm for these families. Studies have indicated that the rise of no-fault divorces has seen a corresponding decrease in suicides by wives as well as abuse allegations.

I am sympathetic with the notion that couples need to work out problems in the interests of their families. However I have seen many broken marriages and seen the parents adopt positive attitudes in their separation to protect their children. The option of a no-fault divorce makes such amicable divorces possible and I believe that it is far better for the children than arbitrarily lengthen the period for divorces and force parents to level charges against each other in order to be allowed to go their separate ways. That is a matter for them and their families. They may be religious or non-religious. They may share Krause’s moral or may not share those morals. It is their faith, their marriage, their lives. Not Krause’s.

Krause ran for office as someone who would bring his faith to his public office. He is the son of a Baptist pastor and his mother is a teacher of the Castle Hills First Baptist School (from where he graduated). Krause attended San Diego Christian College and is a graduate in the very first graduating class of Jerry Falwell’s Liberty University School of Law in Lynchburg, Virginia. He then opened a Texas office of Liberty Counsel. He is entitled to his views and clearly reflects the views of a majority of his constituents. However, he would rightfully object if other religions sought to impose their moral code on this family or try to make family decisions more difficult to reflect their own moral codes. I am all in favor of Krause campaigning to educate couples to resist the temptation to divorce and to try to resolve differences in the interests of their children. It is his use of public powers that is problematic for those of us who prefer to keep the government out of our homes and private affairs.

What do you think?