Baskerville gets right to the heart of the matter, labeling no-fault divorce as a "misnomer." In reality, the "no-fault" language was taken from the world of automobile insurance. These new divorce laws did not really remove fault from the context of divorce, but they "did create unilateral and involuntary divorce, so that one spouse may end a marriage without any agreement or fault by the other." As Baskerville explains, "Moreover, the spouse who divorces or otherwise abrogates the marriage contract incurs no liability for the cost or consequences, creating a unique and unprecedented legal anomaly."

In many cases, the reality is even worse. In effect, no-fault divorce means that the courts now assist the violator of marriage vows. Any spouse can now demand a divorce for any reason and be assured that the courts will award the divorce--and will often grant disproportionate favor to the party seeking the divorce.

As Judy Parejko, author of Stolen Vows, argues, no-fault divorce means that legislators created an "automatic outcome" in issues of divorce. "A defendant is automatically found 'guilty' of irreconcilable differences and is not allowed a defense," Parejko notes.

Researcher Barbara Dafoe Whitehead, author of the influential book, The Divorce Culture, points to the therapeutic seduction of the culture as a contributing factor. "According to therapeutic precepts," she explains, "the fault for marital breakup must be shared, even when one spouse unilaterally seeks a divorce."

In other words, no-fault divorce laws actually assume that both parties are equally at fault, since no party could be innocent. The perverse assumption inherent in this argument is that if any individual is unhappy, someone else must necessarily be at fault. Once no-fault divorce became a reality, spouses found themselves simply informed of the fact that their marriage was effectively over. Many of these spouses were not even aware that the marriage was in trouble--and trouble is not even necessary.

Why did all this happen? How could an institution as fundamental and basic as marriage become transformed in less than a decade's time? Baskerville insists that no-fault divorce laws were not demanded by the public. "No popular clamor to dispense with divorce restrictions preceded their passage; no public outrage at any perceived injustice provided the impetus; no public debate was ever held in the media." As Baskerville summarizes: "In retrospect, these laws can be seen as one of the boldest social experiments in history. The result effectively abolished marriage as a legal contract. As a result, it's no longer possible to form a binding agreement to create a family."

Marriage is now compromised to the extent that it is difficult even to engage this culture with an honest discussion about marriage and divorce.

Divorce--once a matter of shame and tragedy--is now celebrated as a positive good. Barbara Dafoe Whitehead has documented the rise of what she calls "expressive divorce." Spouses simply assert a right to self interest and self actualization as a sufficient basis for abandoning a husband or wife, and even children. The "rights talk" lamented by Harvard law professor Mary Ann Glendon now replaces serious moral discourse, and those seeking a divorce can simply claim a supposed "right" to divorce without any basis for justification.