Divorce Questions - Divorce Busting
Historically, counseling was most often performed by clergy. Because the old testament condemns dissolution of
marriage except in the most intolerable circumstances, clergy frequently recommended suffering in marriage rather than
termination. The message was simple: bust the divorce, or suffer a mortal sin in the eyes of God. Today, most
reputable psychologists agree: enduring an abusive marriage is far more damaging than termination.
How Divorce Questions are resolved:
- Legal divorce questions pertaining to rules and cases must be rendered by a judge. Attorneys advise
clients of probabilities of various outcomes along a sliding scale of least to more favorable
- Academic divorce questions relating to the children are resolved by the court
based upon the opinion of qualified experts, through deposition, narrative reports and testimony.
- Factual divorce questions relating to marriage are determined by a jury empanelled by the court, unless a
jury is waived. In non-jury trials (bench trials) the court assumes the responsibilities of both judge and
jury.
- Minor divorce questions of convenience are ordinarily determined by agreement of attorneys for legal
issues, and parents for custody issues.
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