Divorce Lawyers Relief Act

If you think that trial lawyers and Republican legislators can't agree on anything, take a look at the lead story in the Tennessean this morning. A proposed law would allow a party in a divorce proceeding to recover "for pain and suffering, for alienation of affection, or for punitive damages" if the spouse proves by clear and convincing evidence that the other spouse "committed adultery, abandoned the spouse, or subjected the spouse to physical abuse" in the year preceding the divorce petition. A complaining spouse would also have the burden of proving that he or she did not engage in any of the prohibited activity.

One averred purpose of the law is to discourage bad behavior and thereby discourage divorce. But I don't think many divorce lawyers are concerned that the law would cause a drop in business. I would also expect private investigators to get behind the law (I shudder to think what would constitute clear and convincing evidence of adultery.)

John Hollins Sr. is quoted describing the proposed law as "harebrained." Cynthia Bohn takes the opposite view, calling it a "great idea." The TBA is concerned that the law would make divorce proceedings messier. I think we can all agree with that assessment.

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