Beyond the Bounds of Decency: Why Fault Continues to Matter to (Some) Wronged Spouses

12 Pages Posted: 27 Sep 2017

Date Written: May 2009

Abstract

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?

Suggested Citation

Wilson, Robin Fretwell, Beyond the Bounds of Decency: Why Fault Continues to Matter to (Some) Wronged Spouses (May 2009). 66 Washington and Lee Law Review 503 (2009); Illinois Program in Law, Behavior and Social Science Paper. Available at SSRN: https://ssrn.com/abstract=3042801

Robin Fretwell Wilson (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217.244.7582 (Phone)

HOME PAGE: http://www.robinfretwellwilson.org

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