Volume XXIV

Marriage & Divorce

by Edited by Jessica Pacwa

Though many see marriage as private, religious, and sacred, marriage is a legal relationship regulated by the state. 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 671 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, uses of tort law and alternative dispute resolution for remedies, the dissolution of same-sex marriages, and issues surrounding non-traditional family structures. Part V introduces the issue of forum shopping as it pertains to state marriage and divorce laws.

Marriage and Divorce