Nice find. What would happen to the 1st circuit, isn't it still a parallel circuit?
A real divider:
Input o----vvvvv----o-------------o Output
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Z
Z
Z
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o
Ground
The bad one: Input o-------------o----vvvvv----o Output
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Z
Z
Z
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o
Ground
Looking at it this way, it might be a bit easier to see that in the good circuit, both resistors can be in a Kirchoff voltage loop that includes the input, while in the bad one they can't.(Edit: it appears I don't understand linebreaks on HN, so things are gonna appear garbled until I fix it.)
(Edit 2: Fixed.)