Sunday, November 7, 2010

Should divorce laws be changed in ways that will be more equitable or just for all the parties?

First off lets explain a little about what is equitable when it comes to divorce.

    When a couple decides to divorce, all marital property must be distributed between the two parties.
In most states, a practice known as “equitable distribution” is followed, meaning that the court attempts to distribute the property in a manner that is “fair and just”. This doesn’t necessarily mean that the property is distributed evenly, only that it is done in a way that is fair.
To do this, the court will consider a variety of factors, including the parties’ income, contributions to the marriage, the standard of living and even the potential for future income after the divorce is final.
Equitable distribution is designed to provide for the needs of both spouses as much as possible without worrying about splitting the property down the middle. But because there are so many variables, there is no set rule as to how your property might be divided.
When children are involved for example, the marital home is often awarded to the custodial spouse. In a community property state, this type of asset would likely be sold and the proceeds split evenly between the two parties. If the house were awarded to the custodial spouse, the non-custodial spouse would then likely receive other property and assets of a value equal to the home. Not so in equitable distribution.
Using this method of property distribution, the parties may or may not receive an equal share of the marital property. Rather than focusing on a half and half distribution, equitable distribution seeks to prevent either party from financial disaster after the divorce.
So, if one party makes considerably more than the other, the court would likely try to protect the lesser-earning spouse by awarding a larger portion of property and/or spousal support, believing that the wealthier spouse will have an easier time adjusting to a self-sufficient lifestyle than their lesser-earning counterpart.
   
http://myfamilylaw.com/library/financial-property/what-is-equitable-distribution/

   So Basically i feel that if the parties want a divorce and their are minor children involved and the wife/woman is making less then or has been the sole parent , YES property monies and personal property should be divided fair and as equally as possible.  Now ladies don't think you can go all gold digging on us hard working males.  Divorce is a very difficult and sore topic for people.  I've been divorced and it SUCKED.  My ex-wife was trying to get me for alimony and their were no children involved, but because she didn't work the whole marriage and I supported her, she felt entitled to a payout.  THANK GOD the JUDGE thought otherwise. 

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