The Merger Doctrine in Marriage

The term “merger doctrine” can refer to a number of different legal and social situations, including:

• Copyright law
• Property cases
• Antitrust law
• Property law
• Family law

The last of these concerns the historical idea that a husband and wife are essentially one in the same person. This concept, the result of a number of Western social and religious factors, has deep implications even today, when most of us recognize the individuality of two people in wedlock.

Social Consequences of the Merger Doctrine

In societies that operate under the assumptions of the merger doctrine, in written law or otherwise, a wife’s own identity is essentially dissolved into that of her husband. Thus, she cannot not sue or bring any charge other against him any more than she can bring a case against herself. Moreover, any action she takes is a direct reflection upon him, and vice-versa.

For hundreds of years, this was the way marriage was viewed and treated by Western law. Although the individual is much more clearly recognized in modern courts, the idea has remained in subtle ways, often preventing husbands and wives from acknowledging problems within their relationship.

Contact Us

While the idea of unity is one of the keys to making marriages work, the legacy of the doctrine of merger means that sometimes we refuse to see when problems of incompatibility or even violence call for separation. To speak with an experienced San Jose divorce attorney, contact the offices of Daniel Jensen, P.C., at 408-296-4100 today.