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Old 2015-08-01, 16:56   #1533
Zeta-Flux
 
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May 2003

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Brian,

Quote:
But I would prefer to see the whole concept of "adultery" removed from law entirely. A marriage should be dissolved if, and only if, at least one of the married partners wishes it to be dissolved. Details of why either partner would want that should not be the concern of the courts.
I can see why you would feel this way. Let me offer some reasons why adultery and other "fault" laws may indeed be beneficial.

1. Divorces do not only impact the marriage partners. They impact children incredibly hard. Further, in society the example of easy divorce can lead to others to choose the "easy way out".

2. That said, divorce does impact marriage partners in unexpected ways. Numerous studies show that people are no happier five years after a divorce (on average).

3. Having "fault" laws makes it clear what one should reasonably expect from a marriage relationship. There are certain universal expectations from government and society about what should occur in a marriage.

4. Fault laws allow judges to protect the partner not at fault.

5. Finally, fault laws make it clear to the people entering the marriage that they are not just joining together until "one of you decides you are done" but "until death do you part". The very act of making it easier to get out of a marriage changes what a marriage is.
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