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Collusion

divorce obtain people commit

An agreement between two or more people to defraud a person of his or her rights or to obtain something that is prohibited by law.

A secret arrangement wherein two or more people whose legal interests seemingly conflict conspire to commit FRAUD upon another person; a pact between two people to deceive a court with the purpose of obtaining something that they would not be able to get through legitimate judicial channels.

Collusion has often been used in DIVORCE proceedings. In the past some jurisdictions made it extremely difficult for a couple to obtain a divorce. Often a "sweetheart" agreement would take place, whereby a husband or wife would commit, or appear to commit, ADULTERY or other acts that would justify a divorce. The public policy against collusive divorces is based on the idea that such actions would conflict with the effective administration by society of laws on marriage and divorce and would undermine marriage as a stabilizing force in society.

Virtually all jurisdictions have adopted no-fault divorce statutes or laws that allow a couple to obtain a divorce without traditional fault grounds, such as adultery or cruel and inhuman treatment. Because of this development, collusive divorces should diminish in number, since it will no longer be necessary for persons seeking a divorce to resort to such measures.

The fundamental societal objection to collusion is that it promotes dishonesty and fraud, which, in turn, undermines the integrity of the entire judicial system.

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