The Evolution Of No Fault Divorce In Iowa
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No-fault Divorce
Author | : Michael Wheeler |
Publisher | : Boston : Beacon Press |
Total Pages | : 208 |
Release | : 1974 |
Genre | : Law |
ISBN | : |
An Historical Geography of the Changing Divorce Law in the United States
Author | : Mary Somerville Jones |
Publisher | : Dissertations-G |
Total Pages | : 248 |
Release | : 1987 |
Genre | : Law |
ISBN | : |
No-fault Divorce
Author | : Allen M. Parkman |
Publisher | : Routledge |
Total Pages | : 166 |
Release | : 2019-03-04 |
Genre | : Political Science |
ISBN | : 0429719485 |
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.
The No Fault Divorce Guide
Author | : John Cotton Howell |
Publisher | : |
Total Pages | : 188 |
Release | : 1979 |
Genre | : Law |
ISBN | : 9780896480094 |
Silent Revolution
Author | : Herbert Jacob |
Publisher | : University of Chicago Press |
Total Pages | : 242 |
Release | : 1988-07-27 |
Genre | : Law |
ISBN | : 9780226389516 |
Conflict and controversy usually accompany major social changes in America. Such issues as civil rights, abortion, and the proposed Equal Rights Amendment provoke strong and divisive reactions, attract extensive media coverage, and generate heated legislative debate. Some theorists even claim that only mobilization and publicity can stimulate significant legislative change. How is it possible, then, that a wholesale revamping of American divorce law occurred with scarcely a whisper of controversy and without any national debate? This is the central question posed—and authoritatively answered—in Herbert Jacob's Silent Revolution. Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly. These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice. On the basis of such observations, Jacob formulates a new theory of routine—as opposed to conflictual—policy-making processes. Many potentially controversial policies—divorce law reforms among them—pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future.
Good Intentions Gone Awry
Author | : Allen M. Parkman |
Publisher | : Rowman & Littlefield |
Total Pages | : 260 |
Release | : 2000 |
Genre | : Family & Relationships |
ISBN | : 9780847698691 |
Based on sociological and economic analysis, Good Intentions Gone Awry presents valuable new insights into the impact of divorce on American society. Rather than blaming the deterioration in the quality of family life on the decline in so-called "family values," lawyer and economist Parkman argues that adults are responding to the incentives created by new opportunities and legal rules. Allen M. Parkman discusses the issues surrounding this sociological phenomena, proposes a reform program in response, and suggests steps that adults can take to create a durable and constructive family until such reforms occur.
Divorce
Author | : Glenda Riley |
Publisher | : Oxford University Press, USA |
Total Pages | : 292 |
Release | : 1991 |
Genre | : Family & Relationships |
ISBN | : 9780195079128 |
In Divorce, Glenda Riley provides a history of marital breakdown in America, from colonial times to the present, revealing how America has become the divorce capital of the world. Riley describes how the Puritans broke radically with British tradition, treating marriage as a civil matter, and granted civil divorce almost two centuries before England. She traces the gradual easing of divorce laws; highlights the great disparity of laws from state to state; and examines the impact of westward migration and the growing importance of love. Riley brings her narrative up to the 1990s, when marriages end at an astonishing rate, and single parent and blended families have become common. Throughout, the reader is treated to quite a bit of colorful history: the "divorce mills" that appeared in Indianapolis, Sioux Falls, Fargo, and, of course, Reno; the various alternatives to traditional marriage (such as the celibacy of the Shakers, or the group marriage of the Oneida community); and many fascinating divorce cases, from the obscure to the infamous (such as the trial of Brigham Young, who when sued by one of his wives for a $200,000 settlement, quickly countersued, claiming the marriage was polygamous and thus illegal in the United States; he won the case). Divorce has become an American tradition, Riley concludes, and it will continue to be so, laws or religious prohibitions to the contrary. She argues that if we stop fighting over whether divorce is good or bad, and simply recognize that divorce is, we might work out a more equitable and helpful system of divorce for Americans.