In a candid conversation with the TikTok channel @welovethatquote, seasoned divorce attorney James Sexton, with two decades of experience under his belt, has ignited a fresh dialogue about the sanctity of marriage and the concept of legal negligence.
Sexton bluntly laid out a startling statistic — a staggering 56% of marriages ultimately end in divorce. However, he swiftly redirected the spotlight to a less-considered aspect of this equation – the figure accounts only for couples who have endured the arduous and heart-wrenching process of divorce itself.
Sexton raises a pointed query: What about those individuals who persist in marriage despite profound unhappiness, staying together for the sake of their children or fear of asset division? Sexton boldly estimates that this group constitutes at least 20% of married couples. Drawing an unconventional analogy, he likens marriage to a technology product, asserting that with a failure rate of 76%, the situation is nothing short of baffling.
“If I told you there’s a 76% chance when you walk out the door today, you’re going to get hit in the head with a bowling ball, you would not go out, or you’d wear a helmet,” Sexton wryly remarks, underscoring the magnitude of this reality.
Sexton: Criteria of negligence
Delving into legal territory, Sexton advances a striking assertion: Marriage, by definition, meets the criteria of negligence. He aligns this claim with a widely used legal principle called the Burden, Probability, and Loss analysis – a tool for assessing risks. According to Sexton, marriage falls short of the standard set by this analysis, akin to owning a potentially dangerous entity like a lion. He accentuates, “The likelihood of someone getting hurt seriously is very, very high.”
Amidst the swirling debate, it becomes clear that marriage isn’t just an emotional decision but often a pragmatic one. Factors ranging from religious beliefs to legal benefits sway the scales. A 2020 survey spotlighted the astonishing statistic that 26% of newlyweds in that year tied the knot to gain access to their partner’s health insurance.
In the end, Sexton’s candid assessment challenges society to engage in a meaningful dialogue about the true nature of marriage. As perceptions shift and traditional norms evolve, the conversation about the sanctity and viability of this age-old institution is far from over.
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