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there is definitely room for more accountability of judges in those courts, and there is definitely room for pushing a model bill through the legislature The p
by yieldcrv 3y ago
there is definitely room for more accountability of judges in those courts, and there is definitely room for pushing a model bill through the legislature
The primary flaw in US jurisdictions is that a spouse, well - let's back up. I want to try to balance this with ungendered neutral language, but the courts are gendered and that's the main incompatible flaw I want to address. The pervasive logic in our society and permeating in our court system is that the woman is
A) providing emotional and homemaking labor
B) it is uncompensated labor
C) it is the basis for the success of the man's labor
D) compensation for this in a divorce has an unlimited market value
these are convenient beliefs, that lack substantiation and reality
There are some jurisdictions that have laws that recognize this. Where ultimately there is a fixed - capped - value and time length, not based on any proportion of wealth or lifestyle. a uniform law like this across the US would make this more tenable and predictable. As US states are a total patchwork of conditions, assumptions, and even our most progressive heavily populated jurisdictions are backwards in this regard. Primarily because men don't feel comfortable being associated with this conversation.
- cjbgkagh 3y agoMost people are far more likely to see family court than criminal court, and can end up in family court through no fault of their own, whereas you're much more able to avoid criminal court by not committing crimes. It's a huge encroachment of the state on personal life where protections such as the right to jury does not exist. The fact that this state encroachment has lead to disastrous outcomes should come as no surprise.
- bigbillheck 3y ago> protections such as the right to jury does not exist. The 6th amendment is for criminal trials and the 7th is not currently applied at the state level.
- cjbgkagh 3y agoI'm not suggesting that it's an illegal encroachment, just that if such provisions are considered wise at the federal level then would it not be wise to apply the same provisions at the state level?
- jeffbee 3y agoMan, did I see that in action. In a California divorce my ex's statements about "emotional labor" were admitted at face value, I had to spend over $400k demonstrating that she was actually just a layabout who physically abused the children. I initially had a rookie female judge who was openly hostile to men in court, who was later reassigned out of family court, but not before she had cost me an insane amount of money. Also I had to pay both sides' attorneys even though my spouse was in control of half the assets. Insanely bad system and I've been told that California's is one of the more neutral.
- kmeisthax 3y agoThe flipside of this is that most judges and lawyers do not want to work family court, for various understandable reasons. My guess is that, much like Reddit mods, there's a subset of judges who are willing to tolerate family court bullshit in order to push their agenda, and they're the ones who wind up staying. This is on top of the more general issues caused by gating access to justice behind a bunch of really expensive professionals with student loans to pay off, of course.
- yieldcrv 3y agowhen they say California is more neutral, that just means the wife can be a sex worker who smokes weed and that won't automatically invalidate her character, claims, or cause child protective services to descend upon your lives. and its bad that other states would without more information, I just wouldn't take that to mean California is anything progressive with regards to men, which maybe makes your experience make more sense.