Saturday, August 4, 2012

Is Divorce Unconstitutional?

One of the objections to divorce has been the role the State ends up having in what's often considered to be a religious affair.  This would seem to go against the First Amendment (Congress shall make no law respecting an establishment of religion). 

However, marriage is often regarded as the building block of a family and therefore of society.  It is regarded as a civil contract.  In Sharma v. Sharma, the court held that in divorce procedure, only the civil contract aspect of marriage was being dismantled, not the ecclesiastical union.

2 comments:

  1. Thanks for taking the time to share these very informative posts with us. I find the information you provided very detailed. Have a great rest of your week.
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  2. Thanks for this information.keep posting.
    Actually the divorce measure contradicts constitutional provisions on the protection of the family.I would highly recommend you visit Nizam Hashmi Professional Corporation to get a prompt, sincere, cost-effective legal service.They are committed to helping their clients achieve favorable outcomes in a range of complex legal issues.

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