I’m not a Catholic so I don’t think too much about the Pope. However, I do read New Yorker magazine and a recent article made me wonder why the Catholic Church doesn’t treat divorce lawsuit plaintiffs and defendants differently. As noted in the History of Divorce chapter, an American divorce in the old days typically meant that both spouses had negotiated and cooperated, possibly traveling together to a divorce-friendly jurisdiction such as Nevada. Today, however, the one thing that a defendant in a no-fault jurisdiction (nearly all U.S. states) knows is that he or she will lose the divorce lawsuit, regardless of how much is spent on defense (i.e., the divorce will go through, even if no wrongdoing by the defendant is alleged or proven).
Consider a woman who testified at a recent Massachusetts family law hearing (previous posting). As noted in the previous posting:
the one woman who testified about losing her children; she was a yuppie identified by the court as the family “breadwinner” while her husband, a firefighter whose full-time job consisted of just two 24-hour shifts per week, was anointed the “primary parent” (the “breadwinner” was ordered to keep supporting this guy, and presumably any young hotties he hooks up with, until the kids turn 23))
Suppose that the father had educated himself about family law in advance, married her purely for the cash, and then sued her as soon as she had generated his desired number of children. She was an unwitting participant in a purely mercenary arrangement. She did nothing to cause the divorce, other than failing to educate herself regarding Massachusetts law and, before agreeing to a marriage or child-bearing, move to a jurisdiction that provides fewer financial incentives for mercenary marriages and/or child-production. Once sued there was nothing that she could have done to prevent becoming divorced. Why does the Catholic Church now want to block her from entering into what might be an enduring marriage? (Let’s hope that she is smarter next time and settles in a different state and/or marries someone who earns more than she does and/or quits her job and thus doesn’t present her partner with a continuous financial incentive to file a lawsuit.)
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