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Challenging The Notion of No-Fault Divorce
posted by Scott on Friday August 11, @06:57PM
from the divorce dept.
Divorce I found this interesting article from the Denver Post. It's about an attorney who is challenging no-fault divorce law, and is trying to bring the case to the Supreme Court. The theory is quite interesting: a marriage is a contract, and only in no-fault divorce can either party break the terms of the contract without a penalty. Therefore the legality of no fault divorce undermines contract law, and also ruins the legal meaning of marriage. These are things I never considered before, and perhaps it should be the case that if a spouse wants to end a marriage when the other doesn't, that he or she should pay a penalty.

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