Family Law-Romeo and Selena Case Study
The avenue and grounds for divorce can also been referred as reasons for divorce. Even though, these reasons vary from state to state, they are common grounds for divorce in the United States. Some of the common divorce reasons include: PLAGIARIZED SAMPLE-ORDER YOUR PAPER NOW
No-fault Divorce– Under this aspect no one is blamed for the breakdown of the marriage. This do not call for the requirement to prove guilt of either party. The terms of divorce under this aspect connotes that marriage is over but no blame can be ascribed to either of the spouse (HG.org – HGExperts.com). In this case Selena can agree to divorce with Rome on the grounds that not blame should assigned to either of them
Fault-based Divorce-This reason involves using a misconduct by the one of the spouses to call for divorce. Some common reasons attributed to fault based divorce include adultery, imprisonment, abandonment and mental or physical incapacitation (HG.org – HGExperts.com). Romeo has no grounds to divorce to Selena on either of these reasons. It is easier to obtain fault-based divorce than not-fault divorce.
Comparative Rectitude– Also referred to as least-fault divorce. Under this cause both spouse are legally faulty but the peal for divorce can be granted to the party that has less serious fault. Under this case, Romeo has committed a serious fault and therefore he cannot be granted divorce under this cause.
Based on the above grounds for divorce the case analysis of Romeo and Selena, Romeo can request for a divorce under no-fault divorce cause. This is because it Romeo who has committed fault by engaging in adultery. It would have been much easier for the Selena to petition for the divorce in the court of law than Romeo. On other side, Romeo can petition for divorce on the ground that his wife has left him. Romeo divorce suit can be pass through the court on the grounds that, Selena leaving his husband, Romeo, it is an indication that as married wife, Selena is unable to meet her responsibilities: PLAGIARIZED SAMPLE-ORDER YOUR PAPER NOW
On whether Romeo should be allowed to have the custody his son or not depends on the “best interest and welfare” of the child (Tsui). The law demands that in the event of divorce the custodian of the child should go to spouse that will serve his or her educational, emotional, social and medical needs of the better. This provision goes further to note that the earning capacity do not determine the custody of the student but the safety and security of the environment (Gowda). Despite that Romeo has the earning capacity can meet the educational and medical needs of his satisfactorily, he not be able to meet Prince’s social and emotional needs. This is because spends a lot of time doing music concerts and recording.
Romeo claim to have Lamborghini and KOB necklace back can be disputed on the grounds that gifts given to the spouse either during wedding day or marriage life is treated as a separate property (Landers). Therefore, both Lamborghini and KOB necklace belongs to Selena and Romeo cannot claim them back. All the other properties including the joint owned assets can be divided on 50/50 basis.
Gowda, Veena. In Interest of the Ward. 9 March 2013. Web. 26 July 2017.
HG.org – HGExperts.com. Grounds for Divorce/Dissolution. 2 June 2015. Web. 26 July 2017.
HG.org – HGExperts.com. U.S. Divorce/Dissolution. 9 February 2014. Web. 26 July 2017.
Landers, Jeff. Understanding How Assets Get Divided In Divorce. 12 April 2011. Web. 26 July 2017.
Tsui, Edward. Divorce and Child Custody: Everything You Need to Know. 13 March 2015. Web. 13 May 2017.