AS we have just passed the 40th anniversary of that much vilified institution, the no-fault divorce, it is an appropriate moment to re-evaluate how divorce affects families, and particularly children. The California law took effect on Jan. 1, 1970, and was followed by a wave of marital separations that continues to this day — and also a wave of rhetoric condemning divorce for harming children and undermining the fabric of society.

As divorce is clearly here to stay, it may be more productive to instead ask how the process of dissolving a marriage might be changed to avoid, as much as possible, damaging children. ...

What children need instead are no-fault custody proceedings — which could be accomplished with two changes to state family law. First, take the money out of the picture by establishing fixed formulas for child support that ensure the children are well taken care of in both homes, regardless of the number of days they spend in each. Second, defuse tension by requiring parents to enter mediation to find a custody solution that best meets the needs of all concerned.

Labels: custody, divorce

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