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 52.
. lappuse
... fault divorce. The courts were attempting to mitigate the dire financial situations of many divorced women that resulted from the no-fault divorce laws that became common in the 1970s. These law replaced the fault grounds for divorce ...
... fault divorce. The courts were attempting to mitigate the dire financial situations of many divorced women that resulted from the no-fault divorce laws that became common in the 1970s. These law replaced the fault grounds for divorce ...
. lappuse
... fault grounds for divorce, the more I became convinced that no-fault divorce was creating many problems. It sanctioned socially undesirable divorces. It encouraged family members to make decisions that were not in the best interests of ...
... fault grounds for divorce, the more I became convinced that no-fault divorce was creating many problems. It sanctioned socially undesirable divorces. It encouraged family members to make decisions that were not in the best interests of ...
. lappuse
... fault laws encourage the members of families to make other social-welfare ... fault divorce law would recognize individuals' earning capacities, which ... grounds for divorce were changed to require the consent of both spouses for ...
... fault laws encourage the members of families to make other social-welfare ... fault divorce law would recognize individuals' earning capacities, which ... grounds for divorce were changed to require the consent of both spouses for ...
. lappuse
... fault grounds.2 The new provisions were viewed as a major, and desirable, reform of the statutes in effect through most of the history of the United States, under which a divorce, when permitted at all, could only be obtained on grounds ...
... fault grounds.2 The new provisions were viewed as a major, and desirable, reform of the statutes in effect through most of the history of the United States, under which a divorce, when permitted at all, could only be obtained on grounds ...
. lappuse
... fault grounds from the requirements for a divorce. I will argue that the primary problem with the no-fault divorce laws has been the ignoring of many of the costs associated with divorce resulting in undesirable decisions being made ...
... fault grounds from the requirements for a divorce. I will argue that the primary problem with the no-fault divorce laws has been the ignoring of many of the costs associated with divorce resulting in undesirable decisions being made ...
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