POSC 4210 Lecture Notes - Lecture 5: Legal Culture, Community Property, Division Of Property
10 Mar 2016
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Post-divorce actions: property division, at divorce, unless the spouses reach their own agreement, the court will divide the property acquired by one or both spouses, spousal support (formerly alimony, the court may also award spousal support. Case of obvious abuse/wife was in danger, but the judges wouldn"t grant the couple a divorce. Twyman revisited (great example of judicial example gone awry: o"brien v. o"brien, equitable v. equal distribution, custody determinations, child support responsibilities. Division of property regimes: common law property regime (no longer in use in this country) all property. One would need to convince the court to get them to divide property contrary to this rule. Equitable distribution regime: in all other states, the concept of equitable distribution is used to divide property, judges have considerable discretion, equitable does not mean equal. It means fair: equitable distribution requires the courts to take into account a number of factors (statutory)
