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 31.
. lappuse
... substantial negotiating power. Alternatively, the no-fault grounds often provided for divorce based on the desire of only one spouse, removing the need to negotiate with an uncooperative spouse and shifting the financial List of Tables ...
... substantial negotiating power. Alternatively, the no-fault grounds often provided for divorce based on the desire of only one spouse, removing the need to negotiate with an uncooperative spouse and shifting the financial List of Tables ...
. lappuse
... substantial, has been the effect of no-fault divorce on families that stay married. The fault grounds for divorce had the effect of providing some protection against the potential costs of divorce for married women who chose to be ...
... substantial, has been the effect of no-fault divorce on families that stay married. The fault grounds for divorce had the effect of providing some protection against the potential costs of divorce for married women who chose to be ...
. lappuse
... substantial power over the outcome. With no-fault divorce eliminating negotiations to establish the grounds for divorce, the previously disregarded laws that governed the custodial and financial repercussions of divorce became much more ...
... substantial power over the outcome. With no-fault divorce eliminating negotiations to establish the grounds for divorce, the previously disregarded laws that governed the custodial and financial repercussions of divorce became much more ...
. lappuse
... substantial reduction in their welfare.31 The incorporation of an adjustment for the effect of a divorce on the human capital of the parties would compensate a spouse in the often-cited situation in which one spouse has provided ...
... substantial reduction in their welfare.31 The incorporation of an adjustment for the effect of a divorce on the human capital of the parties would compensate a spouse in the often-cited situation in which one spouse has provided ...
. lappuse
... substantial financial consequences--consequences that become particularly apparent if the marriage is dissolved. Laws regulating the effect of marriage and divorce on the property of the parties sometimes can be preempted by premarital ...
... substantial financial consequences--consequences that become particularly apparent if the marriage is dissolved. Laws regulating the effect of marriage and divorce on the property of the parties sometimes can be preempted by premarital ...
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