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| Divorce Laws | |
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| Tweet Topic Started: Jun 18 2014, 02:36 AM (1,996 Views) | |
| Hurry My Curry | Jun 18 2014, 02:36 AM Post #1 |
Master Troll
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Ok so i was watching 2 and a half men. A quick background for those of you that dont watch it. Alan Harper, divorced by his wife, is forced to pay alimony and child support even after his ex-wife remarries. He lost his house to his ex-wife, and he is perpetually poor despite owning his own chiropractic clinic. Now obviously its a TV show, its exaggerated so i did a little bit of reading. divorce law website Do you guys believe that divorce laws are slanted towards women? |
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| Rogafufuken | Jun 18 2014, 02:42 AM Post #2 |
 
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Yeah definitely., after reading that. I mean, if the woman claims that the man beat her, they won't ask for much evidence, however even if the woman beat the husband and kids, the man has to pay? That's messed up. It should be equal. |
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| Copy_Ninja | Jun 18 2014, 02:59 AM Post #3 |
Novacane for the pain
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I wouldn't trust that source, it's pretty clearly biased. Anyway, I did study Family Law at uni and while I'm certainly far from being an expert on it, I can shed a bit of light on divorce law as it works in Australia (which should be similar to the rest of the world). Alimony (spousal maintenance over here) doesn't automatically go from husband to wife. It's a common mistake for people to think it does. Put simply, the point of it is to re-dress the imbalance in the lifestyle of the former spouses when they divorce. For example, say they get divorced and the husband is the primary breadwinner in the family. He could afford a much higher standard of living while the wife would have to have a far lower one. Spousal maintenance is paid by the spouse that's in the stronger position. A lot goes in to calculating it, from age, income, ability to work, standard of living pre-divorce etc. Usually these payments stop when spouse receiving them enters a new de-facto relationship, unless the new partner offers no income or something. The reason why it seems men always end up paying it out is because men tend to have more higher paying jobs than women. Yes, I know there's women in the workplace now than ever before and all that but the fact of the matter is than in the majority of cases the husband has the higher paying job, so he has to pay out. Though not all cases for a certainty, there are women out there paying alimony too. Child support is the same, the parent who the child primarily lives with receives payment from the other. Now this is the only aspect of family law that I do think favours women more than men. I think that's because of traditional gender roles and the courts can't shake the idea that women are naturally better at raising children and that taking a child away from its mother is more damaging than the father. Now, one of the factors in deciding who a child lives with is who the primary caregiver is. But another factor is the position of the child's mother. The position of the child's father is not expressly taken in to account in the same way. So if the father is the primary caregiver, the position of the mother is a factor that can balance it out. If the mother is the caregiver, then she still has that other factor to tip it more in her favour. It stops short of a presumption that a child should live with the mother but it does tip the scales a bit before the weighing even starts. Fathers can be just as good a parent as mothers are but it's a lot harder for a father to win custody. Of course, the fact that father's tend to be the ones who work more and mothers tend to be the primary caregivers is why the statistics are skewed so heavily but even if that were not the case, the tests applied by the courts still give that lean towards the mother.
It also isn't true, family violence provisions are applied both ways. It's just that men beating women is more common and is thus brought up more often. Edited by Copy_Ninja, Jun 18 2014, 03:02 AM.
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 We'll never be those kids again
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| Hurry My Curry | Jun 18 2014, 03:26 AM Post #4 |
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Master Troll
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But the part about attorneys advising a woman to claim the husband threatened her with violence or the attorney could be sued for malpractice? Not true? |
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| Copy_Ninja | Jun 18 2014, 04:19 AM Post #5 |
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Novacane for the pain
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Biggest load of bulls*** I've ever read. Lawyers aren't allowed to mislead the court, you'd be in so much trouble if you told your client to lie. There's no way that's standard practice. |
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We'll never be those kids again
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| * Ketchup Revenge | Jun 19 2014, 02:25 AM Post #6 |
"Gentlemen, you can't fight in here! This is the war room!"
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Since that site is called "Ask Men", the wives, or ex-wives for that matter, are going to be portrayed as getting more out of the divorce. This isn't always true, but it is the stereotype. Speaking from personal experience, my father raised me and my sister, and simply had my mom sign over everything she owned instead of paying child support. Unfortunately, this also meant my dad inherited all my mom's debt as well. $30,000 of credit card debt... not worth it. I also know that if a spouse is caught cheating, then the remaining spouse gets "a bigger share of the pie" if they do decide to divorce over that reason. It's not split 50/50 like it would in a divorce without infidelity. Edited by Ketchup Revenge, Jun 19 2014, 02:30 AM.
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 The vengeance is her's for as long as she stands by Him. | |
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| SpeedoTrunks | Jun 23 2014, 04:47 PM Post #7 |
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From what I gather, its different in the US and UK, how much of what going where being the biggest case, depending on the "reason" for divorce. Here in the UK, I would say the divorce system used to be more lenient toward women, although that (along with many other rules regulations, such as birth certificate rights over a child) have changed alot over time, thus giving an overall more even playing field. In the aspect of money, I was always led to believe its more to do with income, IE when my parents divorced my mother got payments for child support, as she did not earn enough money to do so. When that changed, she no longer recieved payments. When a child is involved it looks more into the child's welfare, IE who can house/feed/cloth a child accordingly. In my case my mum got the house in the divorce (via my dads wishes) and because he works night shifts (thus would be unable to take me to school/look after me in the AM) my mum outright kinda won that argument as well. Many men think the system is very bias, but stuff like this is all taken into account. Women can no longer cry "abuse/rape" without any sort of evidence. In fairness yes it would get looked into, but if no prior evidence (Police reports/hospital visits etc) confirm this to be true, then it'll be dismissed. |
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| Krystal | Jun 23 2014, 07:45 PM Post #8 |
Cooking Mama
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I think the the laws once favored women, and it leads to the media and some judges (sometimes unfairly) siding with the father in order to not fall into the trend. Nowadays I would say the chances are about equal between sexes when deciding custody. At the end of the day, if custody cannot be agreed upon, the children should go to the parent who can best provide for the children's emotional well-being, adequately provide material goods, and will facilitate a healthy relationship between the children and their ex-spouse. |
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| rusty_sim | Jun 24 2014, 05:38 AM Post #9 |
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On a bit of an unrelated note but a woman (doctor) in the states secretly used the sperm from a condom after oral sex to impregnate herself and claim child support from a man (another doctor) in the states. http://www.nbcnews.com/id/7024930/ns/health-sexual_health/t/sperm-gift-keeps-giving/ When it comes to pregnancy and children, women are favoured. It's b/s imo |
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| Krystal | Jun 24 2014, 09:32 PM Post #10 |
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Cooking Mama
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I apologize in advance for being THAT person, but that statement isn't quite true if you look at abortion laws. Laws which women who WANT to keep the baby usually protect those women, but in general terms of pregnancy and children, they're little more than brood mares. Additionally, that is a pretty crazy news article, but perhaps the reason that is IT news is because it is not the norm? |
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Jun 28 2014, 03:20 AM Post #11 |
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I think that the law is heavily in the woman's side of things. Woman get all the breaks, it's a crime. Honestly take it from me, never get married and never have any children. This world has become a feminism paradise and it's just not worth it to get divorced and go through child support. The risk is too high. I'm praying for this new thing supposed to come out next year. Vasagel, it's supposed to be a shot you get in your baby making palace of fun and it is male birth control. Once we have that, men will have a chance to get some respect from these women again. But most of this country is so feminized now the men don't have a chance anymore. All the men are getting softer and softer every generation. Women will cheat on you eventually and they will lose their respect for you quickly no matter what they do. Things like loyalty, honor and respect aren't in their DNA like it is for us. Get some male birth control and don't even date women unless they are good people. These women are able to be flawless nowadays and we are promoting them to do whatever they want because they are hot. It's up to us to keep them in check and not let their attraction allow them to breeze through life. A hot woman doesn't understand what it is to be human and enough with the thinking with the small head. Be a man and do right by people and don't let some hot girl make a fool out of you. Have some respect for yourself. |
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| Krystal | Jun 28 2014, 10:54 PM Post #12 |
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Cooking Mama
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If the is your honest opinion, don't women need protection in the justice system, especially divorces? If I were a pretty woman and a good parent I wouldn't want t lo lose custody because the judge assumes I don't know what it's like to be human. |
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Jun 28 2014, 10:58 PM Post #13 |
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I think a case by case scenario is required. What happens when a rich guy wants a hot trophy wife who doesn't do anything and they use the au pairs to watch the children? I think the children should always go to the women, but I'm biased. Shouldn't that rich guy be better suited to make a good situation for his children considering he has the money to pay for the au pairs who are raising the children? Or should the trophy wife get them because she birthed them? Now the trophy wife with enough money from the rich guy who can continue to pay those au pairs makes sense. Does she deserve his money ? Did she do anything to earn it? But he did make that agreement to get in that situation and even if she could never make that kind of money he agreed to this situation. It's a complex scenario. What do you think? |
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| Krystal | Jun 28 2014, 11:03 PM Post #14 |
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Cooking Mama
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If I were the judge, I would subpoena the au pairs to court to see who was the more capable parent on a personal and emotional basis, award custody to said parent provided that they had the financial means to provide for the children. In addition, most divorced result in a family therapist recommendation and I would tell the parent that I expect them to be present with their children at all of them. |
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Jun 28 2014, 11:06 PM Post #15 |
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That seems like the fair way to do it. Now if you had to make a generalization if you could only pick one, and only one, if for every divorce you could only pick one gender to take care of the kids, which one would it be? Would you lay the fate of all of humanities divorced children to the men or the women? |
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