John C. Mayoue practices in family law matters, specializing in complex and difficult cases.



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Sheen-Richards divorce is getting testier



February 2006






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Thursday, February 02, 2006

Ohio no-fault divorce faces challenge

A woman who was divorced from her husband under Ohio's no-fault divorce law is attacking the constitutionality of the statute, saying that it discriminated against her religious beliefs.

The case involves the marriage of Marie "Bai" MacFarlane and
her husband, Bud MacFarlane, Jr. Mr. MacFarlane abandoned his
wife and their four children in 2003 and began no-fault divorce proceedings.
Mrs. MacFarlane is a stay-at-home mother and devout Roman Catholic who
homeschooled her children until 2004. The divorce was granted against her
objections, and he was given permanent custody of the children. The court cited
Mrs. MacFarlane's opinions about the Catholic Church's teachings on the sanctity
of marriage in its decision to grant custody to her husband, and to forbid her
to continue homeschooling the children
In many states "no-fault" divorce is under attack by conservative religious groups, who see the procedure as making it easier for couples to cut-and-run from a bad relationship, instead of sticking it out and making it work. The end result of easy divorce, these critics seem to say, is that it trivializes marriage, which is supposed to be a sacred union. The challenge is being mounted by a public-interest law firm that specializes in such appeals.

In this case, Mrs. MacFarlane says the Ohio law disregards her faith, which, by her interpretation, says that marriages are for life - and, if any trouble arises, those differences should be mediated according to principles already set out by the Roman Catholic church. Those procedures include church-sponsored mediation, which was not allowed in this case, although the state does allow similar church mediations in other faiths.