Abstract
The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." The goal of the marriage counselor in the therapeutic approach is to help the parties work out their problems, the final outcome of reconciliation or divorce being dependent upon the best interests and the happiness of the parties. The marriage counselor is also a "Friend of the Court" who aids the judge by making available to him the information received in conferences with the parties. It is this information, coming from counselors trained in human relations, that provides the judge with "considerations and facts which are outside the case."
Recommended Citation
Marcus G. Raskin & Sanford N. Katz, Therapeutic Approach to Divorce Proceedings, 7 Clev.-Marshall L. Rev. 155 (1958)