Beyond the Bounds of Decency: Why Fault Continues to Matter to (Some) Wronged Spouses
12 Pages Posted: 27 Sep 2017
Date Written: May 2009
This Comment adds three observations to Michelle Evan’s astute analysis of the problems with trying to account for wrongs in a marriage outside of the divorce proceeding: first, that the transaction costs of showing fault may be worth it financially or emotionally to the party who has been wronged; second, that deeply unfair results can arise in the absence of an inquiry into fault in the divorce; and third, if we trust judges and juries to determine what is and is not acceptable behavior in the criminal and civil contexts, then why not trust them to make similar determinations about fault in the context of family law?
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