Oregon law provides for no-fault divorces. Marie and Max Dunn had been married for twenty years when

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Oregon law provides for “no-fault” divorces. Marie and Max Dunn had been married for twenty years when Marie filed for divorce. After Marie presented evidence of irremediable and irreconcilable differences between herself and her husband, the trial court entered a decree dissolving the marriage. The court also awarded Marie custody of their two minor children and set alimony at $200 per month. Max appealed to the Oregon Court of Appealson the ground that the trial court’s decree was premature and was not supported by adequate proof. Max argued that the court acted without considering the views of both parties to the marriage. The appellate court interpreted the Oregon statute to require only that the trial court determine whether the existing difference “reasonably] appears to the court to be in the mind of the petitioner an irreconcilable one, and based on that difference.whether or not.the breakdown of that particular marriageis irremediable.” What public policy arguments can you identify related to the facts in the above case that would favor “no-fault” divorces? What arguments could be brought to bear against them?

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