"Covenant" Marriage Law
MAULE.Prof.Law at LAW.VILL.EDU
Mon Jun 23 15:46:10 PDT 1997
richard duncan <rduncan at UNLINFO.UNL.EDU> writes
> So again, the idea of covenant marriage is "libertarian" in the sense
> that it allows two competent adults to tell the state to leave their
> marriage alone unless certain grounds for divorce exist. No one is
> talking about "specific performance" of the marriage contract. It is
> enough if the state honors the wishes of the parties that it not
> entertain petitions for divorce in the absence of certain specified
> grounds. The parties are agreeing in advance (and the state is merely
> honoring their wish) to keep the divorce courts out of their marriage.
Then I take it that if one party FAILS to abide by the terms of the
covenant marriage that the courts would not be asked by the other
party to intervene? So, if one party has a spiritual revelation 12
years into the marriage, ceases attending church, begins to frequent
meetings held by a newly revealed prophet, and refuses to permit the
children to undergo Confirmation or a similar experience in the
couple's "original" denomination, there is no recourse in the courts?
At least until the spiritually changed spouse kidnaps the children?
I tend to think the answers are yes to both questions.
Professor of Law
Villanova University School of Law
Villanova, PA 19085
maule at law.vill.edu
(610) 519 - 7135
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