Quick Divorce - Common Law

The availability of a quick divorce under common law was determined by courts originally. As decisions developed independently, discrepancies caused legal requirements to become inconsistent. Today, Both state and federal statutes replaced the common law, and must be followed in divorce cases although all maters must be filed in state courts. The primary sources of family law are: 1) State Constitutions, 2) Family Codes, 3) State General Statutes, 4) Trial Court Verdicts, 5) Appellate Court Decisions, 6) Supreme Court Decisions, 7) Rules of Civil Evidence, 8) Rules of Civil Procedure, 9) Agency Regulations, and 10) Local Court Rules. All applicable laws are subject to amendment, repeal, and supplementation.

The definition of marriage (and implicitly divorce and child support laws) are now consider likely amendments to the U.S. Constitution. The proposed amendment sparked partisan debate in both houses of Congress even though the underlying definition is widely agreed. The question is obvious. Why do opposing parties disagree over the amendment when 90% support the concept? The controversy is not whether the amendment will sway public opinion in either direction.

The amendment is designed  to strip power from state legislatures, state courts, and federal courts in an attempt to weaken separation of powers guaranteed by the U.S. Constitution. The motive for Congressional attention focused on the definition of marriage is highly questionable during a time when global terrorism, conflict in Iraq, and conflict in Afghanistan are represented as eminent threats to national security. Currently, while the marriage debate continues catching headlines, a bipartisan coalition of state Attorney Generals filed suits against the federal government for the failure to fund national security measures required by the Department of Homeland Security.