No-fault Divorce: What Went Wrong?Routledge, 2019. gada 4. marts - 232 lappuses Since 1970, all the states adopted no-fault divorce statutes, which have had the unexpected effect of producing dire financial conditions for many divorced women and their children. In this important study, economist and lawyer Allen Parkman shows how no-fault divorce has systematically operated against the interests of these women and children. With rare economic and legal insight, Parkman argues that by changing the grounds for divorce without changing the laws that define and allocate property at divorce, the legal system created substantial injustices. The key mistake, he suggests, was in accepting a definition of property that did not include the income-earning capacity--human capital--of the individuals involved. Using human capital theory, Parkman criticizes current divorce law and presents a framework for reform that would reduce the injustices introduced by no-fault divorce. He concludes that a thorough reform, however, may require the changing of the grounds for divorce to mutual consent. This book is essential reading for scholars, professionals, and, indeed, for anyone interested in the health and future of the family and the well-being of women in contemporary U.S. society. |
No grāmatas satura
1.–5. rezultāts no 32.
. lappuse
... couple may be unclear. I eventually reached the conclusion that the determination and allocation of professional goodwill at divorce was an extremely arbitrary process. So why had the concept developed? As I thought about that question ...
... couple may be unclear. I eventually reached the conclusion that the determination and allocation of professional goodwill at divorce was an extremely arbitrary process. So why had the concept developed? As I thought about that question ...
. lappuse
... couple had lived well on the surgeon's comfortable income, but they had accumulated only a limited amount of marital property. Their children had grown and left the home. At divorce, the wife faced a very gloomy future. Her share of the ...
... couple had lived well on the surgeon's comfortable income, but they had accumulated only a limited amount of marital property. Their children had grown and left the home. At divorce, the wife faced a very gloomy future. Her share of the ...
. lappuse
... couples with significant wealth chose to negotiate a settlement rather than to rely on the courts' allocation.24 Often one party did not want a divorce and a more generous financial settlement and custody of any children was necessary ...
... couples with significant wealth chose to negotiate a settlement rather than to rely on the courts' allocation.24 Often one party did not want a divorce and a more generous financial settlement and custody of any children was necessary ...
. lappuse
... couple. Often these costs are ignored by the divorcing spouse; the failure of no-fault divorce to require the parties to consider these costs directly when considering divorce contributes to the unsatisfactory outcomes of present-day ...
... couple. Often these costs are ignored by the divorcing spouse; the failure of no-fault divorce to require the parties to consider these costs directly when considering divorce contributes to the unsatisfactory outcomes of present-day ...
. lappuse
... couple was a house and its contents. She does not recognize that the spouses have their individual human capital that can be valuable and may have been affected by the marriage. See Allen M. Parkman, "Human Capital as Property in ...
... couple was a house and its contents. She does not recognize that the spouses have their individual human capital that can be valuable and may have been affected by the marriage. See Allen M. Parkman, "Human Capital as Property in ...
Saturs
Notes | |
The Introduction of NoFault Divorce Statutes | |
The Impact of NoFault Divorce | |
The Reform of NoFault Divorce | |
References | |
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agreements alimony arrangements at divorce assets awards benefits California child support common law community property compensation contract law costs of divorce couples courts decisions definition of property dissolution divorce rate Divorce Reform Divorce Revolution divorced spouse divorced women economists effect of marriage effect of no-fault efficient breaches Elizabeth Peters employment expected Family Law Quarterly fault divorce fault grounds financial arrangements financial settlements future earnings gains from marriage grounds for divorce Hayes household commodities household production human capital husband Ibid incentive income income-earning increase incurred individuals introduction of no-fault investments Journal labor force Law Review marital property Marriage and Divorce married women Mary Ann Glendon mutual consent negotiating power no-fault divorce laws no-fault grounds occur parties percent production possibility frontiers professional goodwill property settlements recognize reduced result separate property specialize in household specific performance spouse's substantial tend wages Weitzman welfare wife wives