I don't see the problem. There should be fault in divorce, and that fault should be a big factor in determining asset and maintenance allocation. I could imagine nothing more humiliating than finding out a spouse is cheating, then being forced by law to pay the rent on the new place that spouse shares with a new romantic interest. I've seen that happen to a couple people I know, and I really feel that is extreme injustice.
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Sure. People can always settle things without court intervention, but from what I have seen, courts treating divorce purely as an economic split ends up almost being cruel and unusual punishment. IE, having to pay for the spouses new lover's rent. That should never happen.
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This is me replying to your post before I even got the notification. Fix your shit, Bungie! I agree that example should never have to happen; ridiculous. And I guess I forgot that not all divorce cases go to court. You'll have to forgive me, my only experience with the process happened when I was 9. :-P
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My parents never did get divorced. Only a few of my friends went through it growing up. I know a rash of them did after we graduated. It seems they did wait till the kids grew up. While purely anecdotal, out of my friends, the ones that had had parents divorce while in school did have a lot more problems with getting in trouble and grades dropping. But by now, many of my friends and even my younger brother and sister have been divorced. I've seen some pretty varied outcomes on it. Some truly have been amicable, which amazed me how smooth it was. But the ones where one side was still in love and got cheated on have turned out terribly, especially if if the one that got cheated on was the money maker and the man. The wife is awarded majority custody of the kids 70% of court mediated divorces, and whoever made more money has to pay to make sure their spouse maintains the same quality of life. So if you are a guy at work and your wife is running around you, you can suddenly find one day that not only does the person you love not love you back, but now you are only allowed to see your kids every other weekend, and you have to pay your wife money to live at some other guy's place, or maybe in your house. That is just brutal piling on. That's the main reason I think fault should play a bigger role in divorces, so that doesn't happen.