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strictions
upon marriage and that this is proved by the actual social burden
which unfit persons place upon their fellows when marrying and
bringing forth after their kind. The third point, which must be
emphasized more strongly than has been the case heretofore, is the
need of making the state, through its courts, the ally, not the enemy,
of marriage permanency. As it is now, the Divorce Court exists to
secure divorces. Its very existence invites to its use. The court
procedure in all cases of marital unhappiness which has become acute
enough for legal freedom to be sought should be a court procedure that
aims at arbitration, at "trying again," at winning harmony by just
concessions from either or both the parties, a court procedure
consciously and definitely set to the task of making more marriages
successful even when they have developed difficulty of adjustment,
rather than one allowed to act as a means of easy separation of even
fickle, selfish, and childish people on grounds of superficial
difference.
=Prohibition of Paid Attorneys in Divorce.=--_The absolute abolition
of any paid service of any attorney in the interest of getting anyone
a divorce, is a primary social demand._ The establishment of a
"Divorce Proctor" service in a Domestic Relations Court, with sole
jurisdiction over applications for divorce, is a second vital social
demand. Some form of legal provision which would make judges of a
special and honored class the paid representatives of society's demand
for marriage to be as permanent as individual justice will allow is
essential to any genuine divorce reform. The often highly-feed
advocate of personal wish of two dissatisfied people, the agent that
deals with divorce problems as a lucrative trade, is one cause of the
prevalence of divorce among the idle and pampered rich. Those who have
greater social opportunity than they have brains or conscience to use
them aright, and who can pay lawyers so extravagantly, give us a heavy
total of marital separations and of remarriage of divorced persons in
the United States.
Judges, the best and the wisest, must sit on all cases where the
breaking up of a family is the issue, and all privately paid attorneys
(in other kinds of social arrangement and difficulty also a hindrance
rather than an aid to justice) must be banished from every divorce
court and from every divorce proceeding, both of the richer and of the
poorer classes.
=Divorce Proceedings Shoul
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