No-Fault Divorce Assigns Fault to Men Using Severe Due Process Violations
© Shane Flait (2012)

No-fault divorce sets up a legal tyranny against a father because it assigns punishment to him and rewards the mother without allowing him the due process required to protect his rights. Paternity suits do much the same. Here’s how and why it happens.   

Before no-fault divorce, a person seeking divorce (the complainant) had to demonstrate cause on the part of his or her spouse that justified a breaking of the marriage contract before dissolving the marriage, dividing family assets, and destroying the two-parent structure essential for children. Such cause constituted a legally recognized offense against the complainant. Otherwise, the state was limited in its actions and intrusion into the private affairs of the family.
 

Under no-fault divorce, that state has claimed unprecedented authority and access into the affairs of family which was previously considered sacrosanct – i.e. off-limits to government. It completely usurps the defendant’s constitutional right to due process.

 

Now, no regard is given to the constitutional right of due process for either party which secures the right of an individual to be heard when issues of life, liberty, or property are at stake as is paramount in divorce and paternity suits. Constitutionally, no person shall be deprived of life, liberty, property, or any right granted him by statue unless the matter involved is first adjudicated or ruled against him at trial.

 

 

No crime and all punishment

So, for the most important contractual obligation in society, no-fault divorce allows the plaintiff mother to break her contractual obligation without the right of due process being given to the father. His life can be ruined, his liberty restrained in countless ways, and his property taken away by the courts. His children will suffer the loss of him and his legacy. He’s deprived of the right to his family and property.

 

The family court generally never proves unfitness much less any fault in a father yet deprives him of physical custody of his children and perhaps allows him shared legal custody with the ex-wife. Unfortunately it will generally not enforce those meager legal rights and often deny them to him at the whim of the mother.

 

Beyond depriving him of his parental rights to his children, the court orders him to make weekly payments to the mother for up to 22 years in some states. These payments can amount to as much as, and often more, than 30% of his gross income and can be used for whatever the mother chooses. Nevertheless, they’re euphemistically called ‘child support’ payments for political correct purposes. The payments almost ensure his impoverishment but are extorted from him through threat of loss of driver’s license, state workers licenses, and immediate jailing without a jury trial under contempt charges for not paying it all.      

 

Some constitutional due process violations associated with no-fault divorce

Using a court to complain for rewards from another without proving a wrong done by him has never been an acceptable complaint in any court. It’s against the maxims of law. But the family court process fosters such pleadings and unjustly rewards such complainants while maliciously punishing defendants who are never proven to have done harm. Here are some violations that family court processes rests upon.  

 

1.      Most often, a mother wishes to break the marriage contract at her whim citing irreconcilable differences. But she will ask the court for benefits granted at the expense of the father. The violation is that you do not have a right to approach the court to ask from something without showing and proving a harm by him which requires a balanced or proportional remedy.   

 

2.      The father is deprived of his right to argue that he has committed no criminal act which would warrant benefits to be taken from him. Nor is he allowed to argue that an unconstitutional act is taking place against him. He’s forced to argue not that he’s a fit parent but only that he’s the better parent with no objective standards prescribed by law. This violates his right to be heard in his defense when rights are at stake.

 

3.      The punishment of denying him his parental rights and exacting almost endless payments from him without proving any wrong doing on his part and which were once reserved only for proved criminal acts is a constitutional violation – essentially establishing an unlawful peonage and slavery of him as father.

 

The no-fault court process follows the same procedure when a paternity suit is filed absent a divorce.  The mother is rewarded while the father’s rights are denied and he is punished for no proven – or even alleged- wrong doing.

 

Though the violations can go either way according to the perverted family court process, feminists’ influence and complicity in maintaining the abuse of women excuse and the best interest of the child excuse assure the women-favored court outcomes.

 

 

 

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Shane Flait writes on issues confronting freedom