Helms v. Helms

My dissent in the present case has been wrought, after lengthy consideration and soul-searching, from a diverse appreciation of the law and the jurisprudence as applied to the facts of this case. It is also premised on my opinion as both jurist and civilian observer that the “jambalaya” of positions taken by our courts heretofore in the area of “post-separation fault” is most confusing and, quite simply, fails to keep pace with the realities of contemporary life; still worse, the law today usually permits a husband whose fault is the sole cause of the break-up of the marriage to take a…