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Full-Text Articles in Law
Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher
Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher
Law Faculty Publications
The purpose of this Article is to challenge these erroneous assumptions, that fault is "no longer an issue" in modem American divorce law, and that a spouse on divorce should not be compensated for his or her non-economic contributions to the marriage and to the well-being of the family.
Reassessing Fault Factors In No-Fault Divorce, Peter N. Swisher
Reassessing Fault Factors In No-Fault Divorce, Peter N. Swisher
Law Faculty Publications
The purpose of this article is not to "turn back the clock" through the rehabilitation of fault grounds as the sole means for securing a divorce in America. Rather, this article will explore the ways in which fault-based factors, when applied to serious or egregious marital misconduct that significantly contributes to the marital breakdown, may still be utilized in order to bring about enhanced social, economic, and legal protection to spouses on divorce, while concurrently establishing a greater sense of responsibility and accountability in marital relationships.