- cross-posted to:
- politics@beehaw.org
- politics@lemmy.world
- cross-posted to:
- politics@beehaw.org
- politics@lemmy.world
Before the 1960s, it was really hard to get divorced in America.
Typically, the only way to do it was to convince a judge that your spouse had committed some form of wrongdoing, like adultery, abandonment, or ācrueltyā (that is, abuse). This could be difficult: āEven if you could prove you had been hit, that didnāt necessarily mean it rose to the level of cruelty that justified a divorce,ā saidĀ Marcia Zug, a family law professor at the University of South Carolina.
Then came a revolution: In 1969, then-Gov. Ronald Reagan of California (who was himself divorced) signedĀ the nationās first no-fault divorce law, allowing people to end their marriages without proving theyād been wronged. The move was a recognition that āpeople were going to get out of marriages,ā Zug said, and gave them a way to do that withoutĀ resorting to subterfuge. Similar laws soon swept the country, and rates ofĀ domestic violence and spousal murderĀ began to drop as people ā especially women ā gained more freedom to leave dangerous situations.
Today, however, a counter-revolution is brewing:Ā Conservative commentatorsĀ andĀ lawmakersĀ are calling for an end to no-fault divorce, arguing that it has harmed men and even destroyed the fabric of society. Oklahoma state Sen. Dusty Deevers, for example,Ā introduced a billĀ in January to ban his stateās version of no-fault divorce. The Texas Republican Party added a call to end the practice to itsĀ 2022 platformĀ (the plank is preserved inĀ the 2024 version). Federal lawmakers like Sen. J.D. Vance (R-OH) andĀ House Speaker Mike Johnson, as well as former Housing and Urban Development SecretaryĀ Ben Carson, have spoken out in favor of tightening divorce laws.
So, if you are married for a day (after, lets say a drunken wedding in Vegas), the person you are married to gets 50% of your assets and you get 50% of theirs? I think a fairer way is either keep all assets separate or have some sort of automatic pre-nup for all marriages.
No, generally that marriage would be annulled. Its far too short for any mingling of assets, so none would be split.
Generally any individual assets prior to a marriage stay individual. If you own a house outright and marry, your spouse doesnt immediatly get half of it. If you buy a house after you marry, then yes the house is split as its an asset that both parties put value into. Itās like an automatic pre-nup for marriages that already exists.
Despite the ridiculous scenario you imagined above, judges and lawyers arenāt actually idiots. You dont have to make up hypotheticals to figure out how asset sharing in marriage or divorce works. The law is pretty clear, and there are millions of examples of both you can easily research instead of deciding there is something to be outraged about.
That guy is just repeating what he heard on the radio or from some drunk guy at a bar. Heās not putting any thoughts into it.
Besides what you mentioned, there are pre-nups, post-nups, trusts, and other complicated ways that rich families use to protect their assets from gold-diggers. Marriage is a legal contract and it can be modified with other legal contracts.
In a lot of cases, ātrust fund kidsā donāt even own their house or car. Itās all held in a trust so no one, not even them, can have it. If they divorce thereās nothing to split but some cash and whatever furniture or toys they own.
In practice, I believe the pre or post-nup gives some consideration (money) to the spouse who isnāt rich so they wonāt sue. But itās not 50/50 because the trust fund kid legally doesnāt own much.
Yeah, Im not even sure if he knows what hes arguing about.
All of these āproblemsā these conservatives are whinging about are already understood and settled with our current system. The default works well for the vast majority, and when it doesnt, you can change it. Easy.
No. When you make a lot of money because you can focus on work because your partner os handling all the work at home, the partner should not be financially destroyed after divorce. Your āideaā would lead to completely dependent partners who can never get divorces of their spouses
Issue in that case I rather see as why is it allowed to enter into legally binding agreements when you arenāt sober. Why there isnāt a (forced) period to review the papers.
Marriage is a legally binding agreement. Letās treat it as such.