Family Law Strictly Fault-Based Divorce Essay

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e. The mother is verbally abusive or is lying). This is problematic, because it means that the children could be given custody to a dysfunctional parent without the court knowing what is happening. (Weiner, 2003, pg. 183)

In the case of the father, the advantages of these legal standards are that the court is looking at what is most stable for the child. As, the mother will have a special bond with them and could be more stable in looking out for their best interests. However, the disadvantage with this approach is that the father may be more emotionally and financially stable. The fact that the court is making this kind of assumption means that they could be automatically assuming that the mother is the best parent to raise the child. However, when you look beneath the surface the father could be more stable and capable of providing the best guidance. These different elements are important because, they are illustrating how this standard is using blanket assumptions that one parent is more suitable over the other. Yet, they do not look at specific situations that can have an effect on the child on a case by case basis. This means that court could be inadvertently favoring one parent over the other. (Weiner, 2003, pg. 183)

In dividing property and assets upon divorce, most states using equitable distribution first determine which property is marital and which is separate and then proceed to equitably distribute the marital property. One section of the Uniform Marriage and Divorce Act (UMDA) provides an alternative where all property of the spouses are considered assets of the married couple eligible for equitable distribution., regardless of when, how or where acquired. Which method do you think is better and why?

The most equitable standard is the Uniform Marriage and Divorce Act. The reason why is because it looks at a number of different factors that are having an impact on both spouses including: the number of years that the couple was married, previous marriages, any kind of agreements that were made prior to the marriage, who has custody of the children, economic misconduct and the property distribution (taking into account alimony).

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At the same time, it is looking at a number of specific factors surrounding each spouse to include: their age, health, income, vocational skills, employment, property and the debts of each person. These different elements are important, because they are allowing the court to determine what is in the best interests of each person in the marriage. At which point, the judge can make awards based on these different circumstances. (Kay, 1972, pp. 1683 -- 1700)

The reason why this is superior to equitable distribution is because; it provides the court with more flexibility in determining what is in the best interest of each person in the marriage. As, this is based upon the different circumstances surrounding: each individual and what will work best for them. In many ways, this is better than equitable distribution due to the fact that everything is split individually. Where, there are no special circumstances that are being taken into account. At which point, this increases the chances that one party will be treated unfairly during the divorce proceedings. These different elements are important, because they are illustrating how the Uniform Marriage and Divorce Act is the best way of taking into account the interest of each party during the divorce proceedings. (Kay, 1972, pp. 1683 -- 1700).....

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