Romero and Frye on the Right to Unmarry
In this episode, Maybell Romero, Assistant Professor of Law at the Northern Illinois University College of Law, and Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, discuss their new essay "The Right to Unmarry: A Proposal." They begin by explaining how the right to unmarry is unduly burdened and how, after Obergefell, restrictions on divorce, varying from statutory waiting periods to having to endure the divorce adjudication process, disrespect individual autonomy and violate the Constitution. They then explain that the right to unmarry should be unhitched from other considerations that are normally a part of the divorce adjudicative process and that issues such as property distribution, child support, and division of debts could be handled after immediate grants of divorce. They then answer a number of hypothetical scenarios addressing what their theory of unmarriage would look like in real world applications. Prof. Romero is on Twitter at @MaybellRomero and Prof. Frye at @brianlfrye.