Sunday, October 25, 2009

Marriage as a Framework for Divorce

10/24/09 Making It Legal, by attorney Frederick Hertz:

Attorney Frederick Hertz discusses the procedural and substantive advantages of divorce when marriages end. I am reminded of an article by law professor John G. Culhane, Marriage Equality? First, Justify Marriage (If You Can), 1 Drexel L.R. 485 (2009), even though he seeks a compelling justification for legally privileging marriage over other committed relationships:
"One final set of legal rules that might justify marriage are those that protect the interests and expectations of both spouses upon dissolution of the marriage. Here, I think legal rules make the best case for positioning the formal, legal commitment that marriage entails over other less formal arrangements."

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