Home»Contested Divorce»The Logic Fallacy Behind Iowa’s Divorce Bill

The Logic Fallacy Behind Iowa’s Divorce Bill

logical fallacy in Iowa divorce billIn the past month, the U.S. has seen some strange marriage and divorce legislative moves from various states. In early February, North Dakota revisited an old House Bill that would force parents to observe a 6 month waiting period and undergo counseling before finalizing the divorce. The bill had been introduced a year earlier, but it was rejected because it originally had a year waiting period.

Apparently the divorce reform is an infectious virus, and Iowa has got it bad. The Iowa House File 338 made its debut on February 27th, 2013 with the help of Representatives Tedd Gassman, Greg Heartsill, Tom Shaw, Dwayne Alons, Jason Schultz, Cecil Dolecheck, and Sandy Salmon. So what exactly does Iowa have, and is there a cure? We’ll have to take a closer look to diagnose.

House File 338

Iowa’s latest piece of divorce legislation does not place restrictions on all divorce cases, just on divorce cases involving parents with children 18 years old or younger. However, under House File 388, for divorcing parents with children under the age of 18 years old, the option and rights to a no-fault divorce is revoked.

In fact, any dissolution of marriage involving minor children would only be granted in the following cases:

  • If one party abandoned the other for 1 year or more
  • If one party has committed adultery
  • If one party has been imprisoned due to a felony charge
  • If one party is physically or sexually abusive towards the other party or the other party’s children
  • If both parties have been living separate and apart continuously without reconciliation for 2 years

Don’t Have Kids?

Yeah, that’s right. This Iowa legislation is basically doing away with the no-fault grounds for divorce. But what if you and your spouse want a divorce and don’t have children? Good question.

According to House File 388, you can either cite one of the aforementioned grounds for the dissolution of marriage, or try to prove to the court that “there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

To this we have another good question: What is a legitimate object of matrimony? If the legitimate object of matrimony is a happy life, then I do believe spouses who no longer are happy together (even if they have children) already have the no-fault option. However, if the only legitimate object of matrimony is to reproduce and grow a family, then Iowa’s House File divorce sanctions on parents totally make sense.

Really, Iowa?

Don’t get us wrong, if a married couple have children, they must think long and hard about the consequences of their divorce. But understand this: We disagree with the House File’s main proponent’s, Representative Ted Gassman’s, motive behind creating this bill.

Representative Gassman was struck with inspiration to bring this bill to life after his daughter and her husband began pursuing a divorce. Gassman, being the sensible family man he is, was and is worried about what divorce could do to his family members, especially his teenaged granddaughter. Yet Gassman went a little overboard in stating his 16 year old granddaughter is likely to become promiscuous because of the divorce. The following logic fallacies apply to that assertion:

Gassman asks, “There’s a 16-year-old girl in this whole mix now. Guess what? What are the possibilities of her being more promiscuous? What are the possibilities of all these other things surrounding her life that a 16-year-old girl, with hormones raging, can get herself into?” To this, we say hold your family close, be supportive, be willing to lend an ear and shoulder, and read our advice blogs on getting through a divorce with children.

Thoughts, comments, questions about House File 388 and other divorce legislation? Fire away below in our comment box.

Written by

The author didnt add any Information to his profile yet

Leave a Reply

Your email address will not be published. Required fields are marked *


* Copy This Password *

* Type Or Paste Password Here *

15,420 Spam Comments Blocked so far by Spam Free Wordpress

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>