Since the beginning of the battle of same-sex marriages, it was often said by Massachusetts same-sex couples that traditionalists should focus more on lowering the rates heterosexual divorce, rather than prevent same sex-couples from marrying. It now appears that traditionalists are doing just that in some states. Many often think that once a marriage is emotionally over, it will be no issue to divorce, but lawmakers may be trying to now prevent that.

A no-fault divorce used to be seemingly easy to come by, but some opponents are hoping to make the process more difficult. Recently in some states, lawmakers have attempted to pass bills making a no-fault divorce more difficult. The bills ranged from anything to longer wait periods for a divorce or limiting and even excluding reasons a couple would be able to ask for a divorce.

When a marriage is past the point of saving, a couple typically knows it. Recent attempts at mandating counseling before a couple can divorce have been approved, although it could end up making things worse for the couple looking to divorce. A divorce is often best done quickly in an attempt to prevent drama or conflict from sparking. Making a couple commit to spending time in counseling talking to a therapist about how to save their marriage may cause backlash.

Many of these divorce laws were from a much different time period than the one we live in now. They were from a time where being anything but married gave a person a negative stigma that followed them. If a Massachusetts resident wants to divorce, many think that a law shouldn’t prevent them from doing so. Unfortunately for same-sex couples across the nation, the right to marry is still a work in progress, but now the fight for divorce in both heterosexual and same-sex couples may become a battle in some jurisdictions.

Source: Deseret News, “Get married, stay married? No fault divorce under fire“, Eric Schulzke, April 18, 2014