Volume XXIII
Issue
2
Date
2022

Marriage and Divorce

by Edited by Kelsey Henderson, Rachel Keirstead, Amanda Maze-Schultz, Suzie McKelvey, Lettie Rose, and Melissa Zubizarreta

Despite its inherently personal nature, marriage is a legal relationship regulated by the state. Many see marriage as private, religious, and sacred, which puts the state in a difficult position when regulating the institution. State regulation of the formation and dissolution of marriage must continually respond to changes in societal objectives, cultural diversity, and a shared understanding of marriage as both a legal and spiritual construct. This article will focus on the evolving role of state supervision and federal oversight in relation to marriage and divorce. Part II  examines Obergefell v. Hodges, the 2015 Supreme Court case that upheld same-sex marriage as valid throughout the nation and its implication on related areas of law, as well as implementation challenges since the legalization of same-sex marriage. Part III considers the regulation of marriage, including restrictions on child marriage, and the economic and societal benefits derived from marriage. Part IV  discusses recent developments in divorce law, including the rise of no-fault divorce statutes, the use of tort law and alternative dispute resolution for remedy,  the dissolution of same-sex marriages, and issues surrounding non-traditional family structures.  

Marriage and Divorce