Law in the news; Law in the news #415

The National Educational Radio Network presents Law in the News with Professor Joseph R. Jullin, Associate Dean of the University of Michigan Law School. Our subject, Marriage and Divorce, let's call it part two. Our informant, Professor William J. Pierce, President of the Commission on Uniform State Laws. Bill on our last program, we noted that your organization started in 1892 and its initial charge was to provide uniform law proposals for the statute's governing the marital relationship. Last week we considered the prospects, specifically relating to unifying the laws of marriage, so now let's turn to divorce. Is there a real prospect of uniformity given the variation we now have between such states as New York, where divorces somewhat difficult vis-a-vis Nevada where it's an everyday occurrence? Is there a real prospect for uniformity in this area?

I think that there is the first time in our history a prospect now for some type of uniformity. You have identified the problem, I believe, Dick, by pointing out the wide variance that we've had among the laws of the several states, with the result that some people can run to Nevada or elsewhere to get a divorce and avoid their own jurisdiction because of the limited basis upon which divorce is granted. Even though states such as New York that granted them to divorce grounds, always had another out and that was through the annulment practice, which also created a great deal of difficulty from the standpoint of the product of those relationships, the legitimation of the children and whatever. Those all date back to old canon philosophy, and the middle part of the English growth of the ecclesiastical courts, the ecclesiastical courts took jurisdiction over annulment, and that was the only way in which marriage could be terminated. Of course, we ran into all the difficulty with

Henry VIII at that time, but unfortunately Henry VIII's problems have pervaded American divorce law ever since. I think people have become to realize this in the first place. One of the reasons that we're beginning to see an opportunity for some uniformity in this area is that we know more about divorce and the problems of breakdown of marriage than we ever did before. A number of important sociological studies have begun to point the way to these problems. What is it that causes people to have a breakdown in the marriage and want to be several of the marriage relationship? Now, that is the beginning. There's still much to be learned. A great deal of study must be engaged in. But in any event, I begin to see from the standpoint of the religious objections that have previously existed, a breakdown of those objections. In other words, there's more opportunity at the present time to look at the situation objectively to ascertain what should be the basic legal

structure dealing with this important human relationship. As you know, the Archbishop of Canterbury has recommended for England the breakdown of the marriage concept. Let's get rid of the idea that there must be a matrimonial offense in order to obtain a divorce. Well, by a matrimonial offense, that means that some member of the marriage relationship must have engaged in some type of dastardly deed. That idea is now falling apart. People can realize that it isn't just that that causes marriage breakdown. There are many, many other factors. There are important other considerations and other techniques, of course, that are now available. For example, marriage counseling, which if there is to be a termination legally of the marriage, there must be some kind of marriage in counseling engaged in. It may well be that now is the time to look at new devices to ascertain how the legal structure

should operate, and perhaps the judicial role should be more confined than it has been in the past, where some judges for purely personal reasons deny divorce, and others grant it in exactly similar circumstances. The law reformers are about to draft new legislation seeking to unify the laws relating to marriage and divorce. If you would like them to consider your view on this subject, please write Professor William J. Pierce, the University of Michigan Law School. Professor Joseph R. Juleen, Associate Dean of the University of Michigan Law School, has presented law in the news, recorded by the University of Michigan Broadcasting Service. This is the National Educational Radio Network.