What about the innocent man or woman who is abandoned and wishes to remarry?  Or perhaps the person who married young, divorced without children, and who wishes to have children?  Or perhaps the couple whose children were being hurt by their constant fighting and who are able to co-parent amicably now they've divorced?

Not everyone is the same and the extremes are being lumped in with the vast middle.  Only the technical legalese associated with "intent" at the time of marriage matters, not the actual circumstances of the person's life and marriage.