Most states apply a "no fault" clause, meaning that people can get a divorce just because. No one has to prove that the other did X,Y, Z. And even it were proven, it would not have any impact on who got what.
Assets and Debt are generally split in half because a marriage is a union of 2 people. There are other factors that could alter the % each gets, but in general the assets and debt that were incurred or accrued during the marriage is divided equally.
2007-04-23 12:12:34
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answer #1
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answered by ciberpunk1 5
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It is what you called a woman's charter. This varies from country to country.
However it is NOT neccessarily that they will get half although this would be the starting point. The ownership is that you need to prove why she is NOT entitle to half of your property.
This usually comes in the form of how much contribution your wife has made both financially and non-financially as well. Non financially could be she is a full time house wife and take cares of all your domestic needs, and becaue of this the court deem that she has contribute to your success.
There are many areas that we can touch on.. and you really need to go into very detail stuff in order to get more than 50%. My experience is that you need to get a good lawyer. When I mean good, get someone who specialise in matrimonial cases. They would know how to advise in greater detail.
take care..
2007-04-23 15:42:45
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answer #2
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answered by trymejames 4
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Adultry is not grounds for divorce and women get half, God knows for what reason, but because they do, divorce has turned into really profitable events for women. She gets half for saying I do and the man gets to give up half for saying I do. Don't you see the fairness in that? Yea, me either but that is the way that femnists have convinced the family courts is fair and equitable. This system has turned committed women to marriage into a bunch of well paid whores. It is safer than working the streets and you only have to remain married to them long enough to get parts of retirement and enough kids to provide a good income for at least 18 years. Marriage is not a good thing anymore and men should look at what it really costs. We can have kids through technology now and as far as partners, well, if you have to go through 50% of what you own just to find out, it will not take you long to go broke and end up in peonage. Those that do find their life mate is like winning the lottery and the odds of finding your life mate prior to marriage are about 1 in 1,051,988,021. So go ahead and give it a try if you like as the odds are not with you. Marriage has no sanctity or justice and those that seek to profit from such a joining are even lining the path with crap like divorce with no fault attached. Women are only 50% responsible for having children with 100% of the dicision. Looks like equality was not their intent. I wish I could make decisions and only be responsible for 50% if wrong. Why is that when women wanted equality they should absorb 100% for 100% just as we do. If 100% is brought to 50% then adjust accordingly, otherwise it is profitable for women to have kids at a blue light special of 50% to raise them. Personally, I don't get how this concept became equality in the minds of those that provide justice. If you look at the big picture, what is wrong and circle it and that is what we need to address.,
2007-04-23 12:47:16
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answer #3
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answered by g_menagerie 3
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They always award the husband HALF, too. A marriage means that you own things jointly and your relationship is supposed to be SHARED. If one of you stops sharing, the marital assets (stuff and money) are split and you move on. If you happen to be the one who has the most, then you have the most to lose. Maybe you need to find out why she cheated, so the next woman doesn't do the same thing to you.
2007-04-23 12:09:56
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answer #4
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answered by Wiser1 6
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It's called community property, because they both worked together for what ever they aquired during the marriage. During the marriage weather she cheated or not she was still his partner for how ever much time, and so they look at that she probably contributed to the marriage financially as well. And if she didn't work out side of the home she worked inside the home because she took care of the home and the children, so they look at that as well. Lets face facts that if you had to give your wife a pay check for all that she does around the home and with the children, her check would be looking pretty good as it's a lot of work. And if she is working out side the home she really has a load that has been put on her shoulders. And yes men do work hard, so please don't think that I'm saying that they don't because they do.
Even though some people will cheat and it may not seem right that they get a portion of the property, they still are entitled to half of what they had together. Either both partners or even she may have worked or even taken care of the house and children, the courts look at any of those things and feel that the property or what ever should be split equally.
It may not seem fair but it is how the courts see to best separate the household, by splitting it down the middle, maybe they feel that is how it should be. Personally ever situation is different so it should be done on a case by case basis to best determine how things should be done. * Also, some people decide to stick their noses into the middle of things, like a court clerk tried to do with our divorce. This court clerk tried to say that I had to take child support even when I didn't want it. He wasn't going to let my paper work go through to the judge unless I agreed to the support , I thought he was a real piece of s**t since he didn't know what I needed or didn't need. I felt like who was he to try to force me to take any thing that I didn't need or even want.
I don't think it's fair to say that every man gets screwed over when a marriage ends. Mine didn't and I have paper work to prove it. My ex was an verbally abusive and an alcoholic and he cheated as well, but what are you going to do. Some thinngs just need to end, but it doesn't always have to be nasty to do it. I can just about see all the little thumbs down signs that I will get from this, but it doesn't matter to me since I know the truth and have the paper work that can back it up.
I walked away with my own pension, and my ex kept his pension, neither lost out on that. He didn't have to pay childsupport or allimony, I'm not bragging but rather I'd say that I was blessed as I had a great job so that I could support both my daughter and my self with out help from my ex. So when our marriage was over he owed nothing to me or me to him. We were both able to go on with our own lives with out bitterness or anger, we both walked away with out hard feelings.
We kept talking with one another until our daughter graduated from High school and then it we stopped talking with one another. We did that for our daughters sake, so that he always knew what was going on in her life and she knew that he was always there for her. She knew that both of us were there for her even though we could no longer be with each other.
One final thing if a husband insists that his wife be a stay at home mom and lets say that you have been together for years and then get a divorce, then the man helped place her in this situation. A situation were she has been made to become to depend on her husbands salery to live. So when a divorce hits it will take time for her to find a job, and probably a long time to find a job that will support both her and children. So that is where child support/alamony come into play and maybe even part of his pension.
If a husband wants his wife to not work then what else is going to happen if the marriage falls apart, she will need help. Lets also face the fact that it is harder for women to obtain jobs where they can make a really good living, a living that is equal to what her ex husband is making. Unless she has been working all during the marriage how else is she going to live and take care of children too!
Divorce is hard for every one, it isn't alway pretty or even nice. It's a shame that it often works out not seeming to be fair or equal for all involved.
Be at peace, I hope this answer helps you, if not I tried and be at peace any way. Good luck. By the way I was married for 13 1/2 years, but it seemed a lot longer. Divorced/California.
2007-04-23 12:57:38
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answer #5
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answered by Cindy 6
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In some states they are considered "no fault" divorces and the only reason cited for the divorce is that the marriage is irretreivably broken.
2007-04-23 12:18:57
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answer #6
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answered by Starla_C 7
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This does not always happen, depends on the state and the standard of living for both people. I am paying my worthless ex.... ugh
2007-04-23 12:42:39
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answer #7
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answered by mydds07 2
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You probably live in a no-fault state. That means that it doesn't matter why the marriage is over.
Suesan
2007-04-23 12:09:57
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answer #8
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answered by Suesan W 4
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