Grace could use feminists' help
South Carolina's divorce laws are deplorable
Augusta Chronicle Editorial Staff
Sunday, May 07, 2006

It's true. Karyn Grace's pleas to South Carolina's legislature to change the state's divorce laws to allow "mental cruelty" as grounds for divorce fell on deaf ears Thursday. But that's not the real story.

The real story is that South Carolina's divorce laws are mired in the 19th century, and that they're being enforced with a Taliban mentality.

How could lawmakers not be moved to action by the former Karyn Young's tragic story? Her two sons, Gunner, 7, and Ryker, 4, were brutally murdered by their father, Terry Lee Young, who then committed suicide, in the family's North Augusta home in early January.

Ms. Grace, who has gone back to her maiden name, says she believes that had she been able to plead "mental cruelty" and speed up the divorce process, her husband would not have had another year to get angrier and more threatening.

And, she says, her sons probably would still be alive today.

For a divorce to be granted in the Palmetto State, a couple must live apart for one year unless one of them can prove adultery, physical abuse, desertion or addiction. It's ludicrous for the state to insist on a lengthy separation before allowing a divorce. It forces the couple to stay married even when it's impossible for them to get along.

In her attempt to obtain a divorce last year, Ms. Grace pointed to evidence that her husband had been consuming thousands of dollars worth of amphetamine-type diet pills - 270 or so a month. Also, five days before he drowned and strangled his kids, Ms. Grace swore in a signed affidavit that since they'd been separated her husband's behavior had become increasingly "erratic" around the children.

Did this look like a marriage that could have,or should have, been saved? Before the tragedy, there was ample evidence of the husband's mental cruelty, first toward his wife and later toward his children. But under South Carolina law, that was not enough for a divorce.

The law desperately needs to be changed. Spouses can't be forced to stay married when they can't get along, particularly if the behavior of one of them is off the charts.

Yet it won't be easy to change the law because it will require amending the state constitution. We believe South Carolina voters would overwhelmingly approve Ms. Grace's reform if given a chance, but first it must receive two-thirds approval in the male-dominated legislature.

Here is an issue tailor-made for the feminist movement. Karyn Grace could certainly use their help. Surely a much greater blow for women's rights is struck by getting poor women out of bad marriages than in trying to get rich women into the Augusta National Golf Club.

Many states allow mental cruelty as a reason for divorce. It's time South Carolina shake off its Taliban mentality and join the 21st century.

From the Monday, May 08, 2006 edition of the Augusta Chronicle
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