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Challenges for Minimal Marriage: Poverty, Property, Polygyny

Elizabeth Brake

in Minimizing Marriage: Marriage, Morality, and the Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199774142
eISBN:
9780199933228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199774142.003.0009
Subject:
Philosophy, Feminist Philosophy

Chapter 8 takes up the problem of implementing the marriage law of ideal theory in a non-ideal world. It addresses concerns that minimal marriage would worsen the lot of the vulnerable, especially ... More


Judicial Separation

Lawrence Stone

in Road to Divorce: England 1530-1987

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198226512
eISBN:
9780191678646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198226512.003.0008
Subject:
History, British and Irish Early Modern History, Social History

This chapter discusses judicial separation. Suits for judicial separation in the ecclesiastical courts had three purposes. Most suits launched by a wife were blackmail devices in order to improve the ... More


Conclusion

Loren Schweninger

in Families in Crisis in the Old South: Divorce, Slavery, and the Law

Published in print:
2012
Published Online:
July 2014
ISBN:
9780807835692
eISBN:
9781469601625
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807837504_schweninger.10
Subject:
History, American History: 20th Century

This book presents stories of antebellum families in crisis, showing the pervasive nature of domestic violence, white women leaving their abusive husbands and filing for divorce or separation, and ... More


The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Cynthia Lee Starnes

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.001.0001
Subject:
Law, Family Law

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an ... More


Conclusion

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0011
Subject:
Law, Family Law

This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other ... More


Conclusion

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0011
Subject:
Law, Family Law

This concluding chapter argues that alimony is often the only available tool for ensuring that divorce does not impose all the long-term costs of marital roles on caregivers while freeing the other ... More


4 The Contemporary State of Alimony

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0005
Subject:
Law, Family Law

This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local ... More


The Contemporary State of Alimony

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0005
Subject:
Law, Family Law

This chapter examines the current state of alimony law. It argues that alimony guidelines have morphed in two significant ways. First, guidelines are taking on more importance, shifting from local to ... More


1968

Nick Dawson

in Being Hal Ashby: Life of a Hollywood Rebel

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125381
eISBN:
9780813135267
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125381.003.0009
Subject:
Film, Television and Radio, Film

This chapter examines the developments in Hal Ashby's career and personal life during the year 1968. Ashby filed for divorce and give Shirley Citron $100 alimony per week. His collaboration with ... More


6 Reasons Matter: Alimony, Intuition, and the Remarriage-Termination Rule

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0007
Subject:
Law, Family Law

This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's ... More


7 The Search for a Contemporary Rationale

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0008
Subject:
Law, Family Law

This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony ... More


Properties of Marriage

Hanoch Dagan and Carolyn J. Frantz

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0022
Subject:
Law, Constitutional and Administrative Law

This chapter delves into a specific and particularly important species of a liberal commons: marital property. It endorses a vision of marriage as an egalitarian liberal community, and takes this as ... More


LATs and the Law as It Now Stands

Cynthia Grant Bowman

in Living Apart Together: Legal Protections for a New Form of Family

Published in print:
2020
Published Online:
May 2021
ISBN:
9781479891047
eISBN:
9781479874248
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479891047.003.0009
Subject:
Law, Family Law

Courts have in fact encountered cases involving LATs, primarily in the context of contests about whether alimony to a previous spouse should be terminated based on cohabitation. In these cases, ... More


Reasons Matter: Alimony, Intuition, and the Remarriage-Termination Rule

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0007
Subject:
Law, Family Law

This chapter considers the near-universal rule that alimony terminates upon a recipient's remarriage. The vast majority of states, either through case or statutory law, provide that a recipient's ... More


The Search for a Contemporary Rationale

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0008
Subject:
Law, Family Law

This chapter turns to theories of alimony offered by contemporary scholars in search of a rationale for the remarriage-termination rule. Contemporary scholars have long struggled to explain alimony ... More


Minority Accommodation, Cultural Mobilization, and Legal Practice: The Experiences of Muslim Law and Christian Law

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0005
Subject:
Law, Family Law

This chapter discusses the laws governing India's two largest religious minorities, Muslims and Christians. Policy makers retained distinct minority laws to accommodate minorities, but their limited ... More


Dissolution of Marriage

Eve M. Brank

in The Psychology of Family Law

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479865413
eISBN:
9781479882601
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479865413.003.0007
Subject:
Law, Family Law

Not all marriages last and unlike other personal relationships, the dissolution of a marriage requires legal involvement to end the relationship. A divorce not only severs a marriage, but it also ... More


Domestic Violence

Brian H. Bix

in The Oxford Introductions to U.S. Law: Family Law

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199989591
eISBN:
9780190260200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199989591.003.0017
Subject:
Law, Family Law

This chapter examines the legal repercussions of domestic violence for family law. It first considers domestic violence as a ground for divorce and where fault is a factor that courts can take into ... More


The Evolution of Divorce Laws

Loren Schweninger

in Families in Crisis in the Old South: Divorce, Slavery, and the Law

Published in print:
2012
Published Online:
July 2014
ISBN:
9780807835692
eISBN:
9781469601625
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807837504_schweninger.4
Subject:
History, American History: 20th Century

Harriet Laspeyre, the daughter of a prominent political and slaveholding family in North Carolina, pleaded for separation from her tyrannical husband, Bernard Laspeyre, who took most of her slaves ... More


Lawyers, Judges, Juries, and Decrees

Loren Schweninger

in Families in Crisis in the Old South: Divorce, Slavery, and the Law

Published in print:
2012
Published Online:
July 2014
ISBN:
9780807835692
eISBN:
9781469601625
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807837504_schweninger.7
Subject:
History, American History: 20th Century

This chapter demonstrates the legal proceedings in divorce, separation, and alimony cases within slaveholding families in the Old South. In particular, it discusses the crucial role of lawyers and ... More


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