Originally Posted By: javacontour
The problem is with the system. Men and women are equally capible of being messed up knuckleheads. Women simply have more opportunity because the legal system currently has a bias in it.
My ex-wife had an affair.
Why does the system give the child to the cheating spouse just because she was the stay-at-home mom?
We did away with divorce for cause (thanks CA Govenor, Ronald Reagan.) So now, marital misconduct doesn't matter in a divorce when it comes to custody or division of property.
So guys (and gals, but mostly guys) who are betrayed, or their wives simply no longer wish to be with them, are screwed in court. They likely lose their kids, have to pay child support and if the marriage was longer term, they may pay spousal support also. Plus, if the marriage was at least 10 years, they could potentially collect on your social security. (Wonder why SS is going broke? Ex-spouses potentially claiming, and I don't think more claiming reduces what others get!)
I have a simple solution, if you want a "no fault divorce" then it's just that, no fault. If you want out, you are leaving your spouse. You can take a suitcase full of your personal items and your share of the debt. That's it. You don't get primary custody of the children, you don't get a split of marital assets, and you have to pay off your income based percentage of the debt.
So if you want to go, you are free to go. But you don't get to take the property with you. After all, if you are breaking your vow, why should you get to take property and the kids?
If there is actual marital misconduct, you prove it and the spouse who is guilty of the misconduct gets ejected under the same terms.
Misconduct would include infidelity, abuse, addiction, and perhaps other, well defined and provable behaviors.
Today, all it takes if for one person to say "I quit" and if it's a woman, she likely gets the sympathy of the court, even if she's the one engaged in the misconduct.
Very well said.