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Divorce Cases In The 1600's

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As long as there has been marriage, there has been divorce. Divorce cases have dated as far back as the 1600’s. Originally, they were simple matters. Men, generally, received custody of the estate, assets, and children. Women would receive nothing. However, divorce reform came around in the 1970’s to fix this inequality. They introduced alimony payments and custody favoring women. With the changes to divorce law, came more complexity in deciding cases. Cases, such as Dan v. Karen, have to take into consideration lost opportunities, appropriate payment, and any future issues that might arise. In Dan v Karen, Karen gave up her job to take care of their children, moved away from her family so Dan could get a job, and provided for Dan when he did …show more content…

A common way to split the assets is to sell the estate and divide the profit between the two parties. That is what Dan and Karen did. However, there was more to consider. Karen was no longer working. She decided to care for the children instead. A necessary task since Karen and Dan had moved away from any family members. In the case of Riehl v Riehl, the court stated “To be awarded spousal support the court must find the spouse to be “disadvantaged”… a “disadvantaged” spouse is one who has “forgone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse’s increased earning capacity.”…Here the trial court finds Deborah to be disadvantaged by the divorce because she “devoted her time and effort throughout the marriage of the parties to maintain a martial residence and providing child care”. Karen was no longer able to support herself and made career sacrifices to help her family and allow her husband advance in his own career. To help her, the courts allotted Karen three years of spousal support. The awarding of spousal support was fair, but the length of time left much to be desired. Karen was awarded spousal support for three years. This gave here little time to find a home, find a job, or peruse an education to allow for better opportunities. In the same court case, Riehl v. Riehl, Justice Maring explains the idea of …show more content…

They require a lot of consideration from the court and many factors, from the treatment of spouses to the potential future one could have had outside of the marriage, affect the outcome. As such, there are many change laws and views on policies. In modern divorce cases, a big issue is spousal support. Spousal support was original thought of as “compensation to a dependent wife for her divorcing husband’s breach of marital vows and responsibilities” (244). However, modern divorce cases have caused for a rethink of this aged idea. No fault-divorces and changes in typical gender roles caused a shift in typical spousal support. To correct this, spousal support was proposed to be seen as a compensation for the dependent spouse’s noneconomic support. Basically, the dependent spouse has provided just as much for the family as the primary care taker. If the court see that the dependent spouse’s contributions have helped the non-dependent spouse’s ability to advance in their career, then they should be compensated for this effort. The dependent spouses are no longer entirely dependent on the primary caretaker. If a couple divorces, one spouse is not significantly disadvantaged for sacrificing their career to help the family. In the case of Dan v. Karen, Karen is not harmed for her efforts. It possible that Dan would never have obtained his road worker job, and thus be as financially well off as he is if Karen did not quit her job and raise the kids.

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