- Divorce is commonly perceived as a means of penalizing the responsible person who has disqualified themselves from collaboration. The guilt-or-offense idea of divorce was born out of this.
- This view states that a marriage may only be dissolved if one of the partners committed a marital offense after the union was solemnized. The offense needs to be one that is accepted as a basis for divorce.
- According to the guilt hypothesis, there are two parties involved: an innocent victim and a guilty participant who has committed a marital violation. Later, the addition of insanity as a divorce basis occurred.
- The concept of insanity was incompatible with the framework of guilty or marital crime theory since an insane person could scarcely be considered a culpable participant.
- As a result, the guilty hypothesis was renamed the fault theory. The marriage may end if one of the partners has a flaw, whether it be from a deliberate action or a providential one.
Divorce: Meaning and Theories of Divorce (Family Law)
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