“Any Other Factors the Court Determines Are Just and Equitable”


Tatum Everhart


Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Start Page: 379
Month: December
Year: 2015
Type: Article


[T]he evolution of the law in the area of domestic relations has been toward eliminating litigation of fault within or outside marriage between the contending parties so as to relieve courts of the burden of determining questions generated by charges of one against the other of irresponsibility, immorality and/or other conduct of omission or commission within the ambit of domestic disputes. The policy of the law as we understand it is to avoid those thorny and oftentimes disagreeable considerations in favor of a more pragmatic solution whereby substantial objective justice may be rendered between contending parties, irrespective of the fault of either. Such realistic procedure focuses attention not upon actions as culpable or innocent, but upon how those actions should be treated in reaching fair and equitable results to society in general as well as between the litigating parties.