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#41
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Drew's Solution to The Dave's concept
"gini52" wrote
TM, do you know the arguments surrounding the implementation of no-fault divorce by the states? I'm sure you aren't old enough but thought you might have read about it. I remember when states began doing this but don't remember the arguments pro/con. It would be interesting to see how reality squares with those arguments. I'm not sure about how it originated, but one of the reasons I hear today for justifying it is that it allows women in abusive relationships to leave abusive husbands when actual abuse cannot be proved or the wife is not believed. It allows her to leave with a minimum of conflict, thus theoretically not ****ing off the husband. |
#42
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Drew's Solution to The Dave's concept
"The DaveŠ" wrote in message s.com... "gini52" wrote TM, do you know the arguments surrounding the implementation of no-fault divorce by the states? I'm sure you aren't old enough but thought you might have read about it. I remember when states began doing this but don't remember the arguments pro/con. It would be interesting to see how reality squares with those arguments. I'm not sure about how it originated, but one of the reasons I hear today for justifying it is that it allows women in abusive relationships to leave abusive husbands when actual abuse cannot be proved or the wife is not believed. It allows her to leave with a minimum of conflict, thus theoretically not ****ing off the husband. One of the articles I was reading talked about that. It said that most of the women in abusive relationships were with boyfriends, not husbands. That the power of the abuser over the abused was not created with the marriage certificate, nor would it be ended by a divorce decree, as ex-husbands are also high on the list of abusers of these women. It said that there are really no statistics on the subject of no-fault divorce helping these women out of their situations--it was a statement that was made at the beginning of the no-fault push as a reason for no-fault, and was just never questioned. |
#43
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Drew's Solution to The Dave's concept
gini52 wrote:
TM, do you know the arguments surrounding the implementation of no-fault divorce by the states? I'm sure you aren't old enough but thought you might have read about it. I remember when states began doing this but don't remember the arguments pro/con. It would be interesting to see how reality squares with those arguments. If memory serves me well, no-fault was brought in to make easier to obtain when people simply didn't want to be together any longer due to no fault of either party. I also remember people saying no-fault was brought in to stop the he-said/she-said court room dramas. I married my HS sweetheart in 1971 and filed for divorce in 1972. I knew things were not going to work out quickly, but in order to get divorced I had to have grounds. I know there were several grounds options to choose from and I picked emotional abuse, as it was the least toxic and closest to the truth. Then I had to have a witness that saw the abuse testify at my divorce hearing. It came down to a friend testifying she had seen my XH yell at me and insult me infront of her. At the time I thought it was just plain nuts we couldn't just get divorced without jumping through so many hoops. For people that just want to go their seperate ways with little entanglement no-fault is a God send. Problem is not every couple is in short term marriages, argee they just both want to call it quits for no reason other than choose not to be married to one another any longer. In some states, and it might be all I'm not sure but am sure grounds still exist in the state I reside in, people still have the ability to divorce based on grounds. Problem is most states no longer consider any type of fault in the division of assests and custody. IMHO if you are abusive, commit adultery, etc. You should be finacially penalized and not have be given custody in the event of divorce. Mrs Indyguy == == |
#44
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Drew's Solution to The Dave's concept
The Dave wrote:
Maybe it's just me, but I see a pattern here. The conversation has become focused on how the other spouse might benefit, even if by accident, and the kid's needs are being virtually ignored. We don't like our spouses anymore (men and women, both) that we are willing to lose sight of the bigger picture just to make sure they don't get anything. Dave, I have been reading and posting here since 1997 and the pattern you see has been here since 1997. By no means is it a figment of your imagination. Mrs Indyguy |
#45
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Drew's Solution to The Dave's concept
"Indyguy1" wrote
At the time I thought it was just plain nuts we couldn't just get divorced without jumping through so many hoops. In instances with no kids, I have absolutely no problem with no-fault divorce. If you have kids together, I think there should be some kind of reason. |
#46
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Drew's Solution to The Dave's concept
"TeacherMama" wrote in message ... "The DaveŠ" wrote in message s.com... "gini52" wrote TM, do you know the arguments surrounding the implementation of no-fault divorce by the states? I'm sure you aren't old enough but thought you might have read about it. I remember when states began doing this but don't remember the arguments pro/con. It would be interesting to see how reality squares with those arguments. I'm not sure about how it originated, but one of the reasons I hear today for justifying it is that it allows women in abusive relationships to leave abusive husbands when actual abuse cannot be proved or the wife is not believed. It allows her to leave with a minimum of conflict, thus theoretically not ****ing off the husband. One of the articles I was reading talked about that. It said that most of the women in abusive relationships were with boyfriends, not husbands. That the power of the abuser over the abused was not created with the marriage certificate, nor would it be ended by a divorce decree, as ex-husbands are also high on the list of abusers of these women. It said that there are really no statistics on the subject of no-fault divorce helping these women out of their situations--it was a statement that was made at the beginning of the no-fault push as a reason for no-fault, and was just never questioned. === What about "irreconcilable differences?" Was that the catchall before no-fault or is that what is considered no-fault? Did the divorce rate go up after no-fault? The reason I'm asking is that if there is to be a movement back to at-fault divorce, it seems the impetus of the movement would lie with the objections that surrounded the move to no-fault. === === |
#47
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Drew's Solution to The Dave's concept
"frazil" wrote
To the contrary, I think it serves the kids needs best when their parents are treated fairly. Remember, someday most of them will be parents themselves. Fairly, absolutely. But, I think some become so obsessed with the idea that their ex is going to somehow benefit from their labors that they confuse fairness with the extreme in the other direction. I agree completely that the system as it stands now is not fair and is in serious need of fixing. But, the kids belong to both parents and it is the resposnibility of both parents to see to it that the kids have what they need and are raised properly, regardless of which home the kid is sleeping in on any given night. If there is a great disparity in income, then one side will probably need to give some money to the other. This is where we get back to 'cost based' as opposed to 'lifestyle based' CS. |
#48
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Drew's Solution to The Dave's concept
"gini52" wrote in message ... "TeacherMama" wrote in message ... "The DaveŠ" wrote in message s.com... "gini52" wrote TM, do you know the arguments surrounding the implementation of no-fault divorce by the states? I'm sure you aren't old enough but thought you might have read about it. I remember when states began doing this but don't remember the arguments pro/con. It would be interesting to see how reality squares with those arguments. I'm not sure about how it originated, but one of the reasons I hear today for justifying it is that it allows women in abusive relationships to leave abusive husbands when actual abuse cannot be proved or the wife is not believed. It allows her to leave with a minimum of conflict, thus theoretically not ****ing off the husband. One of the articles I was reading talked about that. It said that most of the women in abusive relationships were with boyfriends, not husbands. That the power of the abuser over the abused was not created with the marriage certificate, nor would it be ended by a divorce decree, as ex-husbands are also high on the list of abusers of these women. It said that there are really no statistics on the subject of no-fault divorce helping these women out of their situations--it was a statement that was made at the beginning of the no-fault push as a reason for no-fault, and was just never questioned. === What about "irreconcilable differences?" Was that the catchall before no-fault or is that what is considered no-fault? Did the divorce rate go up after no-fault? The reason I'm asking is that if there is to be a movement back to at-fault divorce, it seems the impetus of the movement would lie with the objections that surrounded the move to no-fault. === === The main impetus behind no-fault divorce was to allow women (not men) to leave their relationships without having any scrutiny of the divorce grounds they were raising, i.e. making divorce easier for women. NOW objected that women, who were using grounds like mental cruelty, abandonment, adultery, and other fault based criteria for divorced, were actually being asked to prove their accusations to secure a divorce. Therefore, the term irreconcilable differences became the catch-all reason in no-fault divorce. One of the major objectives presented by NOW was the need for women to have freedom to end marriages and not be forced to remain attached to men for financial security. This of course, was total BS. One of NOW's early pushes was to increase the amounts and incidence of alimony payments paid to women by their former husbands. How can women no longer be forced to be attached to men for financial security while at the same time demanding more financial security (alimony) from men? NOW got very little support from Congress, and lots of criticism from other women, for taking this simultaneously conflicting position. So NOW switched their objective from increasing alimony paid to women to getting alimony built into CS awards. This change served two purposes. First, they could claim they were doing it for the children which disguised the true intent. And second, they could move away from the fixed term applied to alimony payments and extend them over the timeframe until children reached 18 or 21. So to go back to fault-based divorce would require more than just going back to showing a reason for the divorce. The artificially inflated CS amounts would need to be decreased to take the built-in alimony out. Most men just focus on this latter objective because that is where they suffer the long term disadvantage post-divorce. |
#49
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Drew's Solution to The Dave's concept
"frazil" wrote in message ... TeacherMama wrote in message news "frazil" wrote in message ... TeacherMama wrote in message ... "Father Drew" wrote in message newsoVIa.161349$eJ2.117086@fed1read07... Ummmm, don't want anyone to get screwed, but who is to say this would not happen to a man that puts his wife through college? The law would not screw anyone, it would be the ex that screws them if they so choose, as is true with all relationships currently. What if they were never married and one spouse put the other through school? Why should a piece of paper change that? Then why bother with marriage at all, Drew? Why not just say that each person should look out for themselves, at no-matter-whose expense? Let's just teach our children how to look out for number one, and precisely how to screw over anyone who gets in their way. That'll certainly set things right again!! For better or worse, this is already happening. A significant number of divorced men are refusing to get married, especially those with children. And a noteworthy number of never married are refusing also. I'm one of them. I have no desire to have more children as a result of my divorce, and if I did, I couldn't afford more children anyway. Since I can't afford any more children, what would be the point of getting married? And as a result I only date women who already have children and don't want anymore, didn't want children in the first place, or who can have children. As to the later, if adoption comes up, I run for the hills. For me at least, marriage is a losing proposition. And my single male friends, having witnessed what I went through, are not very eager to tie the knot anymore. It is too bad, because I liked being married, but the consequences are just too great, and the benefits too little. Men are slowly learning that lesson. It is unfortunate. Yes, it is. I worry very much about the world my young daughters will be walking into. I have a daughter, and I too worry. I have a daughter who is an adult. She makes comments like "If I ever get married." My advice to her is to only get married to someone who shares the same strong religious beliefs about marriage and family relationships. There is less of a chance one of the parties will walk away from their marriage vows if they have similar beliefs going into the marriage about what marriage means. |
#50
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Drew's Solution to The Dave's concept
"The DaveŠ" wrote in message s.com... "frazil" wrote To the contrary, I think it serves the kids needs best when their parents are treated fairly. Remember, someday most of them will be parents themselves. Fairly, absolutely. But, I think some become so obsessed with the idea that their ex is going to somehow benefit from their labors that they confuse fairness with the extreme in the other direction. I agree completely that the system as it stands now is not fair and is in serious need of fixing. But, the kids belong to both parents and it is the resposnibility of both parents to see to it that the kids have what they need and are raised properly, regardless of which home the kid is sleeping in on any given night. If there is a great disparity in income, then one side will probably need to give some money to the other. This is where we get back to 'cost based' as opposed to 'lifestyle based' CS. It would be nice if somehow the children could come out with a similar living situation with either parent. It would be best if the parents could work that out between them. But, with the adversarial system we have in place today, it's every person for themselves, with the children used largely as "reasons" to get more money. And, too, sometimes it is impossible to balance the households. If both parents remained single, had no more children, and focused their energies on the children they had together, then there would be a chance of things working out. But when you add second families, more children, into the mix, the "best interests" of the children (meaning ALL the children involved) get really complicated! |
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