If we married in IL 18 years ago and move to CA, can I file for divorce in CA and will their laws apply? Is it 50/50 still? What about if one spouse hasn’t worked for several years to raise kids? How does custody work?
That’s excellent help. But what about the 50/50 settlement? Is it necessary to have been married in the state of CA for the 10 year period for it to be applicable? Or is it 10 years total marriage plus a 6 month residency in CA?
In the United States, all states require couples who are separating or divorcing to file what is known as a parenting plan. This plan forces couples to address a number of issues which are important at the time of separation or will become even more important at some time in the future.
Topics covered in the parenting plan include physical custody, legal custody, exchange procedures, holidays, insurance, contact with other family members, school activities, medical attention, contact information and overseas travel.
You may not even think of many of these items and may be too stressed to handle things in a matter of fact way. That is the purpose of the parenting plan. All bases are covered and by completing the details, the worry of the unknown is reduced if not removed altogether.
Certain obvious things apply when it comes to a parenting plan. It must be written not verbal and must be signed and dated by both partners. You may be able to work it out between yourselves but if you can’t or if there is fear and anger involved, have a third party assist in making the plan.
Your local district court can assist but there are several; sources on-line with plans and information about the parenting plan.
Common sense in divorce law, fairness, and including the children in the decision is rare. It’s also near impossible given the system as it is. I relate my story here, but I don’t have answers for you if you want dogma. Sorry, some things aren’t simple.
About the misogyny video: It may still be coming up, because I know that the criticism is out there, but you have to remember the character of those criticizing us. If you think masculism is anti-feminist or anti-woman you haven’t been listening to what I’ve been saying. If you also think Western Civilization is sexist then you may be living on another planet and I would like you to read about Sharia law. Sincerely. Masculists are not misogynistic, for the most part, some are disagreeable and fed up with the anti-pornsters (who seem to be losing their mating struggle with pornography, lol). Masculists want to see feminism accomplish its original goals, goals that were accomplished years ago in blue states. If you want to attack pro-life forces or expose religious legal reasoning, we are behind you. Please don’t compound or excuse the sexist laws that hurt men like the constitutional ban on or the draft.
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Why do men blame the child custody laws on feminism when children were historically always placed with their mothers? If anything feminism has started the process whereby males are recognized as equally important components in not only the family unit but also in the social development and emotional maturation of the children.
As well divorce laws have always divided the assets that have been obtained during the marriage 50/50 however whatever was owned before marriage reverts to the original owner.
Wow! What a load of spite directed at women!
In the first place, marriage has a long history (I encourage you all to read a history of marriage), there are many forms of marriage, and divorce laws have changed a lot in the past 100 years. It wasn’t until the Supreme Court ruling of the ’60′s that made it a crime for a man to rape his wife. This was a monumental shift.
People always complain about the settlement in a divorce. The best idea is to sign pre-nup agreements so the limits are clearly set even before the marriage begins.
The reason dead beat dads are harassed is not because of feminism. This came from stinking Fundies who hated (and still hate) single moms on welfare. The states agreed with the Fundies, as they often do, and now it’s law.
All the feminists I know have happy marriages and loving spouses. None of them have let a career stand in the way of becoming a mom.
People need to love each other a whole lot more.
The Virginia divorce attorneys of SRIS Law Group, P.C. are here to help you with your Virginia family law matters. Our Virginia domestic relations attorneys understand that due to the stress of such matters, you need a Virginia family lawyer who is going to be available to respond to you quickly. We reply to all calls within eight (8) hours. Ask your question – Free initial inquiry with no obligation. http://www.srislaw.com
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Why don’t men fight to have all of the no fault divorce laws repealed? If the party can’t prove adultery or abuse then either the divorce is not granted or if so the other party is not harmed financially i.e. child support, alimony, division of property? Wouldn’t this be fair to all parties involved?
No, it would not be fair. First of all, I don’t want some judge deciding the fate of my marriage. If I and/or my wife wants out of a marriage, the state should not have the power to FORCE you to stay with someone you can’t stand. Anyone should be able to divorce whenever they want. Anything less than that is slavery. NOBODY owns me. Not even my wife, who I love very much.
Child support is not, as you called it, "financial harm." You had kids, now you gotta pay for them. Period. And it will be that way until those kids are 18 years old (and probably longer). This is only right. If you have kids, expect to pay for their care and upbringing for as long as you live. And the less time you spend with them, the more you should have to pay. Most people don’t seem to realize that these rules come with having kids. If the rules seem unattractive, my advice is to not have kids!
As for alimony, well, sometimes alimony makes sense and sometimes it doesn’t. If the mother wins custody, and makes significantly less money than the father, then it is in the interests of the children that the father financially support the mother of his children while she raises them. That’s just life.
Division of property is only fair. If you owned something BEFORE marriage, then that should remain yours. For example, if you own a house free and clear BEFORE marrying, you should get that in the divorce. But if you bought the house AFTER you were married, then yes, she should get half it’s current equity. She supported the family by either working, paying the mortgage, or raising your children while you worked. That means she’s earned a piece of that house. ANYTHING purchased while the two of you are married is half hers. She’s sharing your bed, your home, and helping care for your kids. That earns her something.
What is the age that divorce laws do not apply to children in Michigan?
Please cite you sources if possible!
If you are referring to a child, under pressure, coercion, or alienation by one parent, to reject or refuse to see the other parent, that would be age 18.
http://www.michiganlegalaid.org/library_client/resource.2005-05-29.1117417925238/html_view
Specifically designed to destroy our family unit and the majority of our women took the bait hook,line, and sinker!
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As a part of a women’s rights project for history, I have to find evidence on whether or not divorce and laws regarding custodial rights of children are fair to women. I do not know much about divorce laws, but i do know that most of the time the children go to the women. Can you give me some resources to help me decide whether these laws are fair to women?
Thanks in advance!
Divorce laws have historically favored women more than men in recent times. A century ago this was not the case. So the laws may be seen to oscillate back and forth. It was traditionally believed men could provide better. This changed in the 20th century to laws which heavily favored women, believing that all children required a mother’s influence more than a mans. Recently this has again shifted to a more balanced view of the parties ability to provide and a focus on the best interests of the children.
However, because one factor is which parent has spent the most time with children, this still often results in unfair bias in favor of women, as they are most likely to stay at home with kids in a single working family homes. Additionally, younger children often favor the mother, possible because of this former influence.
Research father custody websites (google) for a lot of information on how the laws work and how fathers continue to often be at a disadvantage.
If God’s laws are good, can divorce be the right option for a victim? Interview with Dr. Instone-Brewer on divorce in cases of abuse and neglect in the Old Testament. David Instone-Brewer is a Senior Research Fellow in Rabbinics and the New Testament at Tyndale House, Cambridge. Tyndale House is the largest Biblical library in the UK, and home to those who wish to study the Bible in the original languages.
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