chapter
28 Pages

THE MISSING LINKS IN DIVORCE LAW: A REDEFINITION OF PROCESS AND PRACTICE

WithMeyer Elkin

ABSTRACT. Challenging the traditional and outmoded approach to divorce, the author, using a systems approach, proposes interrelated changes (the missing links) in the divorce process and related legal practices. The resulting new and interprofessional structure for the divorce experience would provide for a more humanistic approach to divorce, create a system of non-adversarial practices that would enable the law itself to become a more effective support system, maximize client self-determination, redefine the role of the judge and attorney in divorce, and would recognize that parents are forever and families are forever. The new structure is designed to enable divorcing families to grow with the divorce experience rather than be defeated by it. In his presentation, the author stresses the need for greater interprofessional cooperation between the law and the helping professions, as well as the need for judges and attorneys to recognize that, in divorce, feelings are also facts and that the search for truth involves both the objective facts and the feeling facts.