What is Divorce?
Divorce is the dissolution of a particular kind of private association which is both an intimate and an expressive relationship and is constitutionally protected by the First and Fourteenth Amendments and as a privacy right.
This is generally associated with an alteration of the legal status of married to the legal status of unmarried. Governments provide a significant number of benefits to married couples, and because of these benefits, governments claim the right to regulate marriage and divorce. However, the very idea that government can regulate marriage and divorce is based upon Nineteenth Century beliefs about marriage and divorce which cannot survive constitutional review under current understandings of how the constitution protects family associations.« Back to Glossary Index