But What About Abusive Marriages?

But What About Abusive Marriages?

AUGUST 3,2017

When people learn that I oppose no-fault divorce, some will say, “You have forgotten about abusive marriages.” When the Ruth Institute, the organization that I lead, describes itself as “The World’s Only Campaign to End Family Breakdown,” we hear again, “But what about abusive marriages?”

So, let me deal with this important issue. What about abusive marriages?

First off, let me assure you: I am certainly aware abusive marriages exist. I hear a lot of these stories. There are valid reasons why sometimes, spouses can, and should live separately. I am not opposed to separation in these cases. In some cases, a civil divorce can be justified, and even necessary.

The real question is this: who “broke” this family? Remember, I’m working to end family breakdown. In my opinion, the person throwing furniture through the wall, broke the family covenant. His wife has every right, and perhaps even a responsibility, to ask him to move out. If he refuses, she may need the help of (our admittedly dysfunctional) legal system. But make no mistake: she is not breaking up the family. He is.

Or what about this case? A woman becomes addicted to drugs. She spends all the family’s money, runs up credit card debts and acquires new lovers. Her husband may very well need to kick her out, sever all their financial dealings, and take steps to keep her away from the kids. He may need the help of the government to accomplish this. And yes, a divorce may be the only way to disentangle her from the family finances.

Who broke this family? The person who broke the covenant: the wife. The husband is protecting himself and his children.

I’m against the behavior that led to the family breakdown. I’m not against the innocent party doing what they need to do to protect themselves and their children. Yes, I’m so much against family breakdown that I want to see abusive behavior end.

I stated right up front that I am opposed to no-fault divorce. I stand by that. No-fault divorce was a radical restructuring of the institution of marriage. Under the no-fault regime, the State takes sides with the person who wants the marriage the least. The State not only allows, but actually assists, the least committed party to unilaterally ending the marriage.

Under a fault-based regime, an abused spouse could get a divorce. Abuse, adultery, abandonment, addiction: these were considered marital faults in virtually any jurisdiction. The person claiming a fault would have to offer evidence, to prove the faults had indeed occurred. But a fault-based divorce regime does not mean divorces never happened. Nor would a reintroduction of marital fault mean that “women would be trapped in abusive marriages.”

Under the no-fault divorce regime, the State pretends to be unable to discern an abusive marriage, from one that is not, or an offending party from an innocent party. The State then turns around and presumes to discern parenting plans, child support plans, and living arrangements of entire families. According to the State, no one has done anything wrong. Yet, the State assigns itself the right to send children for psychological evaluations, and to investigate all the family’s financial records.

It is true that the State does not use all this authority in every instance. This does not negate the fact that they still have that authority. No-fault divorce is a highly intrusive, privacy-invading legal structure.

Finally, some will ask, what about the Catholic Church’s annulment process? The annulment process is conceptually separate from discerning whether a marital fault has taken place. I realize this may sound harsh. But adultery or abuse has no direct bearing on whether the marriage was canonically valid in the first place.

The annulment process seeks evidence about the conditions surrounding the marriage itself. Did both parties freely consent? Were there any defects of form? Were both parties free to marry? Whether one or both became mentally ill or abusive or adulterous or anything else is not, strictly speaking relevant. If a person is too dangerous to live with, the couple can licitly live separately.

So why is annulment such a big deal in the Catholic Church? An annulment gives a person the Church’s permission to contract a Catholic marriage, just as a civil divorce grants a person permission to contract another civil marriage. But bear in mind: no one ever has to get married again.

This is why I am persuaded that abusive marriages do not present an exception to Jesus’ law of the indissolubility of marriage. Nor does the existence of abusive marriages dissuade me from my belief that family breakdown is something every decent person should work to end.

Breaking up a family in the absence of marital fault is unjust to the innocent parties, especially the children. And when abuse does take place, the person filing the divorce papers is not the person breaking up the family. The abuse that led to divorce is what needs to stop. Surely everyone can agree to that.

Read the source: http://www.crisismagazine.com/2017/but-what-about-abusive-marriages

Jennifer Roback Morse

By 

Jennifer Roback Morse is the founder and president of The Ruth Institute, a non-profit organization focused on keeping the family together, protecting the rights of children and helping the millions of people who have been harmed by family breakdown. She is the author, most recently, of The Sexual Revolution and Its Victims (2015). Dr. Morse earned her doctorate in economics from the University of Rochester in 1980 and taught at Yale University and George Mason University.

Here-under are some articles about family and marriage for you to read or watch: 

  1. Getting to know you, please click this link: http://www.pagadiandiocese.org/?p=284
  2. Be Positive, please click this link: http://www.pagadiandiocese.org/?p=288
  3. Love and Marriage, please click this link: http://www.pagadiandiocese.org/?p=292
  4. Endless Love – Marriage after all, please click this link: http://www.pagadiandiocese.org/?p=294
  5. Say it with love, please click this link: http://www.pagadiandiocese.org/?p=298
  6. Quality family moments, please click this link: http://www.pagadiandiocese.org/?p=300
  7. Secret of successful marriage, please click this link: http://www.pagadiandiocese.org/?p=302
  8. The vocation of marriage, please click this link: http://www.pagadiandiocese.org/?p=1968
  9. Marriage as Covenant, please click this link: http://www.pagadiandiocese.org/?p=1974
  10. Humility: Foundation for Marital Happiness, please click this link: http://www.pagadiandiocese.org/?p=1986
  11. Gratitude: Foundation for marriage, please click this link: http://www.pagadiandiocese.org/?p=1980
  12. True Meaning of marriage, please click this link: http://www.pagadiandiocese.org/?p=1972
  13. Marriage and incompatibility, please click this link: http://www.pagadiandiocese.org/?p=2112
  14. Love is a garden, please click this link: http://www.pagadiandiocese.org/?p=2116
  15. Three kinds of love, please click this link: http://www.pagadiandiocese.org/?p=2095

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THE DOWNLOAD: CLARIFYING MARRIAGE – A canon lawyer joins the panel  http://www.pagadiandiocese.org/2017/05/15/the-download-clarifying-marriage-a-canon-lawyer-joins-the-panel/

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Reflections on the Indissolubility of Marriage and the Trinity http://www.pagadiandiocese.org/2016/02/12/reflections-on-the-indissolubility-of-marriage-and-the-trinity/

Why Is Marriage Indissoluble? “The first natural tie of human society is man and wife.” St. Augustine http://www.pagadiandiocese.org/2016/04/14/why-is-marriage-indissoluble-the-first-natural-tie-of-human-society-is-man-and-wife-st-augustine/

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Why Christ Will Never Let His Bride Redefine Marriage? http://www.pagadiandiocese.org/2016/08/19/why-christ-will-never-let-his-bride-redefine-marriage/

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Real Women- The Catholic View Marriage and Family http://www.pagadiandiocese.org/2017/01/20/real-women-the-catholic-view-marriage-and-family/

Real Women- Feminine Virtue and the Moral Life  http://www.pagadiandiocese.org/2017/01/20/real-women-feminine-virtue-and-the-moral-life/

The Human Person Is a Bioethical Word http://www.pagadiandiocese.org/2017/01/20/the-human-person-is-a-bioethical-word/

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‘Don’t Judge’ — How to Respond When Your Relativistic Friend Quotes Jesus  http://www.pagadiandiocese.org/2017/04/22/dont-judge-how-to-respond-when-your-relativistic-friend-quotes-jesus/

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Procreation: Still the Primary End of Marriage  http://www.pagadiandiocese.org/2017/04/25/procreation-still-the-primary-end-of-marriage/

Archbishop Charles Chaput: ‘The future belongs to people with children, not with things’ http://www.pagadiandiocese.org/2017/08/02/archbishop-charles-chaput-the-future-belongs-to-people-with-children-not-with-things/

Birth Control and NFP: What’s the Difference?  http://www.pagadiandiocese.org/2017/07/14/birth-control-and-nfp-whats-the-difference/

Divorce, Remarriage, and “Discerning the Body” http://www.pagadiandiocese.org/2017/05/17/divorce-remarriage-and-discerning-the-body/

Annulments of Marriage: A Concession to Human Weakness  http://www.pagadiandiocese.org/2017/07/05/annulments-of-marriage-a-concession-to-human-weakness/

PSYCHOLOGIST VICKI THORN: FREE LOVE HAS CREATED CHAOS  http://www.pagadiandiocese.org/2017/07/27/psychologist-vicki-thorn-free-love-has-created-chaos/

Bishop Thomas Paprocki under fire for denying funerals for people in same-sex ‘marriages’ refuses to back down http://www.pagadiandiocese.org/2017/07/30/bishop-thomas-paprocki-under-fire-for-denying-funerals-for-people-in-same-sex-marriages-refuses-to-back-down/

“God himself is the author of marriage” (GS 48:1). The vocation of marriage is written in the very nature of man and woman as they came from the hand of the Creator. Marriage is not a purely human institution despite the many variations it may have undergone through the centuries in different cultures, social structures, and spiritual attitudes (CCC:1603)