Divorce separation
But the primary product of the adversary system in divorce are settlements, not trial. divorce separation Divorce-rights. Another contradiction concerns the issue of responsibility or fault. One of the primary purposes of the adversary system is not simply to find the truth but also to answer the question "Who is guilty?"Fifty or so years ago, this system applied to divorce also. The plaintiff had to prove that the behavior of the defendant spouse was so inappropriate that it was a profound breach of the marriage contract. divorce separation Ohio-divorce-records. Divorce was available only on fault grounds, and only to the victim. The deserter or the adulterer could not get a divorce. The system decided who was at fault and then punished the guilty party. divorce separation Alimony-connecticut. Although the adversary system has not changed, modern divorce has. The role of fault has been dramatically diminished. Modern no-fault divorce, now adopted in some form in nearly every state, eliminated the requirement that fault be offered or proven as a basis for divorce, and it allows nonvictims to get a divorce. Some states retain traditional fault grounds in addition to no-fault. But very few divorces are settled on the premise of punishing the wicked and rewarding the victim. Notwithstanding, the change in the way fault is defined, the courts do not correspond to the way people feel about fault and divorce. Very few divorcing people really believe in no-fault as a concept, finding much greater consolation in the belief that their spouses are to blame for the divorce. Although the adversary system initially promises vindication, it disappoints in the end because there is no finding of fault and no emotional exoneration. Our courts are much too busy coping with a flood of litigation to pay much attention to marital fault.
Divorce separation
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