But the Cusack case shows that by 1973 Insupportability had become just as much a fault-based adversarial proceeding as any cause, and worse , it was a cause where the defense was handicapped with unsound evidentiary notions . In this case, Mr. Cusack was allowed to admit evidence of his wife s fault to prove insupportability. Fault evidence cannot be disallowed when proving Insupportability . The Cusack court s reasoning is flawed. Second , the court analyzed only the abolished defense, proving correctly that adultery has been immaterial as a defense since the adultery defense was abolished in 1970, where insupportability is proven.
Interspousal torts provide another theory where fault is relevant in divorce lawsuits.
However desirable it is to spare embarrassment, that ideal is not stated in the text of the statute, whereas reconciliation is cited in all the literature as the purported goal of divorce modifications. Separation is not Insupportability . This imagery carries the subtle assumption that time cannot heal severely injured relationships. During a hospital stay, normal health has ceased in fact , but life has not ceased in fact . It is not the same as a stay in the morgue.