OKLAHOMA: State Rep. Sally Kern, R-Oklahoma City, proposes House Bill 2279 which will restrict the "use of incompatibility as a ground for divorce" in Oklahoma

DIVORCE PROHIBITION is going to be bigger than the gay marriage debate in this country. In fact, the two issues are going to be running the same marathon. First it was California, now it is Oklahoma trying to stem the divorce rate by illegalizing divorce in their state. Republican state Rep Sally Kern has now proposed a bill that would make divorce on the basis of “incompatibility” a thing of the past in Oklahoma so long as the following criteria are met:

  • There are living minor children of the marriage
  • The parties have been married 10 years or longer
  • Either party files a written objection to the granting of a divorce
  • Wow. That is somewhat arbitrary when you get down to it. But does this thing have any teeth? Can she pull this off? I think she might be. Let’s remember that in New York, there is no such thing as an incompatibility divorce. You have to have grounds for divorce. Now advocates of this law in New York say that it protects women and children more than anything else. Because husbands, who are usually the main bread winner can’t just arbitrarily end a marriage (say they met another woman or something) and leave a wife and kids economically massacred. New York makes it very difficult for such a spouse. And nothing fell apart just because of the No fault laws in New York. So long as there is a basis for the divorce and the party can prove it, the party will get the divorce. The law does not keep people chained to an abusive spouse like people in Oklahoma are now saying about Kern’s bill.
    Kern’s bill only goes to the “incompatibility” divorce in a long term marriage. There are provisions in the law, still, in Oklahoma, that would allow a divorce if there is abuse, or even if there is incompatibility for a marriage that is less than 10 years.
    Personally, I think the 10 year benchmark is a bit arbitrary. But I also think that there is nothing wrong with putting the onus of folks to show why they should be granted a divorce. At the rate at which things are going now, marriage has almost become a joke and something needs to be done about that nationwide. One solution is to change the no-fault laws.
    But then again, the divorce rate in New York is still pretty robust in spite of the fact that New York is a “fault” jurisdiction.  So on second thought, maybe divorce prohibition won’t necessarily work all that well. That’s why I’m more of an advocate for marriage prohibition. It may sound off the wall, but I think the entire nation should stop issuing marriage licenses. They can issue domestic contracts. But “marriage” is a thing of Biblical Times that no one understands anymore, and that no one can really pull off anymore. And in a real way, the whole thing, the whole concept of marriage, is unconstitutional.
    But yea. Sally’s made her move over in Oklahoma and she’s really ticked off a lot of people with this proposed bill.