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. |
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1.–5. rezultāts no 56.
. lappuse
... courts in a number of states, including New Mexico, had held that the goodwill of a professional individual was marital property subject to division at divorce. Although I was familiar with business goodwill, an intangible asset of a ...
... courts in a number of states, including New Mexico, had held that the goodwill of a professional individual was marital property subject to division at divorce. Although I was familiar with business goodwill, an intangible asset of a ...
. lappuse
... courts reacted to this situation by creating ad hoc concepts such as professional goodwill in an attempt to correct for the limited funds provided older women under the new divorce laws. The case of the surgeon's wife is a common one ...
... courts reacted to this situation by creating ad hoc concepts such as professional goodwill in an attempt to correct for the limited funds provided older women under the new divorce laws. The case of the surgeon's wife is a common one ...
. lappuse
... courts would decide on property settlements based on legal standards.23 In fact, under the fault divorce laws, most divorcing couples with significant wealth chose to negotiate a settlement rather than to rely on the courts' allocation ...
... courts would decide on property settlements based on legal standards.23 In fact, under the fault divorce laws, most divorcing couples with significant wealth chose to negotiate a settlement rather than to rely on the courts' allocation ...
. lappuse
... courts, which tend to recognize only items for which there is tangible evidence as property. These items include houses and cars as well as shares of stock or bonds. What the courts have historically called "property" should be just ...
... courts, which tend to recognize only items for which there is tangible evidence as property. These items include houses and cars as well as shares of stock or bonds. What the courts have historically called "property" should be just ...
. lappuse
... courts recognized that something was amiss with the finances of divorced women and the children of divorced parents. They groped for a way to increase financial awards to women. One way was ad hoc adjustments to the definition of ...
... courts recognized that something was amiss with the finances of divorced women and the children of divorced parents. They groped for a way to increase financial awards to women. One way was ad hoc adjustments to the definition of ...
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