Friday, July 07, 2006

On Divorce

Here's a situation: Boy meets girl, boy and girl fall in love, boy and girl gets married, boy and girl start to hate each other and separate, boy (or girl) start divorce proceedings, during divorce proceedings boy (or girl) die. What happens?

That's the new question people are asking. Do you allow for posthumous divorces to take place?

You might ask yourself, what's the point? They can't get any more divorced than THAT!

Then again, there are other things that need to be considered. To summarize what's said in the article, what happens to deceased spouse's estate if said spouse died before signing divorce papers or updating his/her will?

That's basically the problem. Under current law (but correct me if I'm wrong here), since they're still married, surviving spouse gets everything, unless specified in the will. Posthumous divorces address that problem by allowing the division of assets that would otherwise have happened had deceased spouse wasn't actually deceased.

The question is, should that happen in the first place?

In this debate, much like any other debate concerning dead people, you have to prove whether or not dead people have rights in the first place. If they don't prove that they should.

On the other side of the coin, you need to prove why they shouldn't, or barring that, why the rights of the living need to be prioritized. Corollary to that, you also need to prove that the rights of the living and the rights of the dead are actually in conflict.

Be careful though, as opposition in a debate like this, it's very very easy to come across as cold and insensitive. Be very careful with what you say.

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