Question:
Discuss about the Family Law for Romeo and Selena Case Study.
Answer:
The venue and grounds for divorce can also be referred as reasons for divorce. Even though these reasons vary from state to state, there are common grounds for divorce in the United States. Some of the common divorce reasons include;
No-fault Divorce– Under this aspect, no one is blamed for the breakdown of the marriage. This does not call for the requirement to prove the 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, both Romeo and Selena can agree to divorce with on blame being assigned to either of them
Fault-based Divorce-This reason involves using a misconduct by one of the spouses to call for a divorce. Some common reasons attributed to fault based divorce include adultery, imprisonment, abandonment and mental or physical incapacitation (HG.org – HGExperts.com). Romeo has a ground to divorce Selena on the basis of abandonment. It is easier to obtain a fault-based divorce than a no-fault divorce.
Comparative Rectitude– Also referred to as least-fault divorce. Under this cause, both spouses are legally faulty, but the petition for divorce can be granted to the party that has a less serious fault. Under this case, Romeo has committed a serious fault, and therefore he cannot be granted a divorce under this cause.
Based on the above grounds for divorce, Romeo can request for a divorce under fault-based divorce cause. This is because Selena who has committed a fault by disserting Romeo. Romeo can seek for a divorce on the ground that his wife has left him. Romeo divorce suit can be pass through the court because, Selena disserting his husband, Romeo, it is an indication that as a married wife, Selena has not been meeting her responsibilities.
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 a spouse that will serve his or her educational, emotional, social and medical needs better. This provision goes further to note that the earning capacity does not determine the custody of the child but the safety and security of the environment (Gowda). Despite that Romeo has the financial capacity can meet the educational and medical needs of his son satisfactorily, he not can meet Prince’s social and emotional needs appropriately. This is because he spends a lot of time doing music concerts and recording.
Romeo claims to have Lamborghini and KOB necklace back can be disputed because gifts given to the spouse either during wedding day or marriage life are treated as a separate properties (Landers). Therefore, both Lamborghini and KOB necklace belongs to Selena and Romeo cannot claim the gifts back. All the other properties including the jointly owned assets can be divided on 50/50 basis.
Work Cited
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.
