It’s almost time for the legislative session to begin in Colorado, which means it’s time for those “small government” Republicans to search for new and more intrusive ways to meddle in your life.
Sen. Kevin Lundberg, R-Berthoud, wants to enact a new law that would require married couples with children to take classes about the impact of divorce on children and then go through a “cooling off ” period before being allowed to divorce.
Under current state law, a couple can divorce in 90 days. Many counties, including Boulder and Weld counties, already require parents with minor children to attend a series of parenting classes before their divorce is final.
Lundberg will most likely find himself fighting an uphill battle. A similar bill, proposed in 2001 by another intrusive small-government Republican, David Schultheis, R-Colorado Springs, failed to garner enough support even among fellow Republicans.
Lundberg told reporters he’s optimistic that his bill will get a warmer reception because it makes exceptions for marriages in which there is partner violence or sexual abuse.
Well, it’s nice he recognizes the urgency of those situations. But what about psychological abuse? What about the woman married to the bully who doesn’t hit her but controls every aspect of her life? Or the man married to the alcoholic who stumbles legless drunk in front of the kids? What about the person who brings herpes home to his or her spouse?
A “cooling-off ” period serves no purpose in those situations except to enforce misery.
If Lundberg insists on meddling, as Republicans will, he ought to make it harder to get married, not harder to get divorced. Every divorce, after all, gets its start with an ill-considered “I do.”
The Catholic Church, in its continuing effort to prevent divorce, requires prospective couples hoping to marry in the church to attend classes in which they explore issues ranging from sexuality to raising children to division of housework.
Sometimes, engaged couples break up midway through the classes, as they discover their perspectives toward things like dishes and careers simply aren’t compatible. No doubt breaking up is painful, but it’s less painful than divorce.
Take religion out if it, and pre-marriage classes aren’t a bad idea — if you want to meddle.
The “cooling-off ” period Lundberg wants to inflict on Coloradans isn’t such a great idea when it comes to divorce. Once two people have decided they can’t stand the sight of each other, there’s really no place to go. Who can say what kind of turmoil the couple is in or what impact that has on their children? But catch couples in the early stage of a relationship, and you might make a difference.
We could start with a required class titled, “Is It Love Or Just Hormones?” Given that most divorces are filed by women, there really ought to be classes that address the reasons women feel marriage has failed them. Unequal distribution of housework and childcare is a big one. Infidelity is another. Add money problems, alcohol and drug abuse, and emotional and sexual neglect, and you have the top non-violence-related reasons women file for divorce.
Of course, I’m not seriously suggesting the state require pre-marriage classes. Yes, some people enter into marriage too lightly, and divorce is hard on kids. But the state should have little to no role in either marriage or divorce.
It does seem strange to me, however, that social conservatives would rather make it harder to get out of a marriage than get into one. Their religionized view of marriage as a one-way relationship ordained by God can’t change the fact that some people marry the wrong person for the wrong reasons at the wrong time. Nor should the hardship associated with divorce obscure the truth that sometimes divorce is a good thing.
Respond: letters@boulderweekly.com
To consider it to be “meddling” that a proposed law requiring couples with children to take a class about the impact of divorce and for then go through a “cooling off” period before being allowed to divorce, demonstrates no appreciation for the havoc divorce leaves in its wake, especially when children are involved. Children have no veto power in a decision that will forever alter their lives in often not-so-positive ways. The least responsible parents can do is learn about the insidious ways divorce effects their children. And as to the “cooling off” period, while it might not help, it certainly can’t hurt.
Furthermore, in regards to the waiting period, the author writes, “Once two people have decided they can’t stand the sight of each other, there’s really no place to go.” Excuse me, but as a therapist specializing in work with couples on the brink for nearly three decades, I’m here to tell you, divorce is almost always a unilateral decision, leaving the desperate spouse in the dust. I’m certain that the left-behind spouse would jump at the chance to slow things down.
Additionally, while admittedly there are many, many unhealthy marriages, the author assumes there are two ways of handling this dilemma- getting out or staying miserable. But certainly, there is another realistic possible outcome- improving the quality of the relationship so that both spouses feel happier and more connected. In the last decade, there has been a proliferation of effective, marriage-friendly therapy and evidenced-based marriage education classes that truly change the dynamics in failing relationships.
Should this new legislation pass, the author worries that women will get stuck in psychologically abusive relationships with alcoholic, controlling husbands. (A bit of male-bashing?) Research suggests that severe problems such as this account for only 10 to 15% of all divorces. The remainder of marital dissolutions are due to garden variety problems such as poor communication, growing apart or an inability to manage conflict, all of which are solvable problems.
The author and I do agree on point; it should be more difficult to get married. A marriage license requires little more than a few bucks, a blood test and some signatures, hardly solid preparation for a challenging, lifetime commitment. But the good news is that today’s pre-marital classes are much more informative and life-transforming that those offered in the past. Furthermore, relationship skill-building classes are now required in many junior and senior high classes throughout the country. Indeed, prevention is key.
And yes, as the author suggests, more women than men file for divorce- two thirds, to be exact, but as someone in the front lines with couples, the causes the author cites for these filings- women’s unfair share of housework and childcare, infidelity, money problems and so on- are merely red herrings. Most women leave because they feel emotionally neglected despite years of trying to get their husbands to be more responsive. Again, with help, these problems can be resolved.
Divorce should not be looked at as a jailbreak from prison. Research tells us that, contrary to popular belief, people in long-term healthy marriages live longer, are healthier, happier and do significantly better financially. Their children do better across countless dimensions as well.
So before jumping to the conclusion that putting a beat between the decision to divorce and moving out is Big Brother in action, consider the benefits of spouses working things out, keeping their families together and tucking their kids in at night…together.
Michele Weiner-Davis, LCSW
Director of the Divorce Busting Center in Boulder and author of Divorce Busting.
The vast majority of divorces are from low-conflict marriages. Research shows considerable harm to children of divorce, including academic, social, and psychological issues as well as higher rates of poverty. Recent study of lifetime effects of children of divorce also showed an expected five year decrease in lifespan for children of divorce versus children from intact families. Given the real challenges for these children who have no voice in the matter, it's not too much to ask parents to be fully informed and to consider if their marriage is reconcilable. There are provisions for spouses in danger, because no one wants to harm men or women in these situations. But divorce is too quick and easy, and for the benefit of children, it is worth slowing things down, in my opinion.
Lori Lowe, www.MarriageGems.com
I find it revealing that the people who are disagreeing with this column all have a financial interest in seeing a law like this passed. If couples who want a divorce are forced by the state to have this "cooling off" period, marriage counselors and shrinks will rake in the dough.
I am grateful I live in a time and place where I was able to get a divorce when I needed it. It freed me from a bully. If I had stayed with him, my life would have been miserable, and my kids' lives, too. I celebrate my freedom, and have no plans to date or remarry. My life is and has been my children.
It isn't the state's place to tell us if and when we can get divorced. Fortunately, the lawmaker dropped this bill.
“Once two people have decided they can’t stand the sight of each other, there’s really no place to go. Who can say what kind of turmoil the couple is in or what impact that has on their children?”
But as Michele stated, most divorces are unilateral—80%.
Source: Furstenberg, Frank and Andrew Cherlin, Divided Families. Cambridge, MA:Harvard University Press, 1991, p. 22.
And that cooling off period is not meant as a cooling off period but a time to learn about not only the impact of divorce, but about how to resolve problems rather than use divorce to run away from them.
Twenty-five percent of individuals (33% of men and 20% of women) going through divorce believe in the possibility of reconciliation. Eleven percent of couples both believe in the possibility of reconciliation and in 33% of couples one partner believes in it.
Thirty percent of individuals (33% of men and 25% of women) are willing to consider reconciliation assistance. Ten percent of couples both how interest and in 33% of couples one partner is interested. All together in ~45% of couples one or both partners believes the marriage can be reconciled and are interested in reconciliation assistance.
Source: Doherty, William J., Brian J. Willoughby and Bruce Peterson. “Interest In Marital Reconciliation Among Divorcing Parents.” Family Court Review, 49.2, (2011): 313–321.
You can find a pdf of the article at Bill Doherty's website here: http://www.drbilldoherty.org/pdf/Doherty.Reconciliation.FCR.2011.pdf
“Of course, I’m not seriously suggesting the state require pre-marriage classes.”
Why not? Because you seem to like to make it seem controversy with the use of the word “meddling?”
I don’t think it is something that can or should be required for couples, but how about encouraged?
Michele pointed out that schools offer Marriage & Family coursework, how about making that a graduation requirement? Offer it as a highly encouraged elective in college and as a class for engaged couples prior to marriage with a tax incentive for taking it.
Rollercoasterider: Stander’s Coach
www.MidlifeCrisisMarriageAdvocate.com