Monday, July 29, 2019

Literature Review of Alimony Reform Research Paper

Literature Review of Alimony Reform - Research Paper Example It is apparent that alimony fees can be paid for a lifetime. This mainly takes place when one is at retirement period, and their level of income reduces significantly. For this reason, it is evident that there is need for amendment of the policies. A few changes will result in lower alimony payments. The reduction and more flexible distribution of matrimonial resources will see both parties benefit from the same while at the same time limiting the judge’s and magistrate’s situation of favoring the other party. Clearer stipulations and regulations put in place will enable the jury to come up with appropriate decisions. Literature review Alimony laws emerged in England as a part of divorce laws in around 1857. The objective of the alimony laws is to ensure continuous provision and care for the divorced parties (Jackson, 2012, February). Research shows that there is need to come up with a law that takes center stage in dealing with the divorce issues (May, 2012, November). This is in actual fact helpful in maintaining an equal ruling in couples pushing for divorce. In the recent past there is no division of matrimonial property and the payments are periodical. This according to most observers is not fair, as it give an upper advantage to some parties while it disadvantaged the other parties. Informed by this, there is a significant need to review the Alimony law in Florida. Statistics indicate that Florida ranks as 8thhighest in divorce rates in the United States of America (May, 2012, November).In the year 2010, 4.3 divorces occurred per 1000 people. In 2011, it rose to 4.5 divorces, demonstrating a 2.7% increase. The majority of those involved in divorce fall around the age of 20-24 years. Those getting married at older ages, especially between ages 35-39, indicate fewer divorces (Worell 2002). It is legal that after divorce,50% of the spouse’s income remains with the other divorced party, according to the jury’s decision (Morgan, 201 2). According to Jackson (2012) in the Alimony arithmetic. ABA Journal, dissolution of marriage in Florida can happen under many circumstances. However, enough proof and evidence that warrants a divorce requires significant consideration. This ensures that one does not just file a case, but has a solid evidence to seek for the divorce. Therefore, the once established family does not suffer in vain. One has to prove that he or she has been in marriage, he or she is a resident in the country, and whether either of the spouse is or has been incompetent for the last three years. Proof of mental incapacitation of one spouse is also enough to warrant a divorce (Jackson, 2012). One can file a petition in the attorney’s office. The partner has to answer the petition in twenty days’ time. Submission of financial documents and affidavits occurs within 45 days before an official hearing. Couples may also sign an agreement on who is to look after the children and the property mana gement schedule (Wardle & Nolan, 2011). The court also receives a written agreement. The situation is a traumatic one as the two parties to discuss the way forward until they agree. Sometimes couples dissolve their marriage in an unofficial method, and therefore the attorney’s services is contraindicated (Starnes, 2011). Division of the marital assets becomes the significant factor in divorce. It is usually the hardest part when settling divorce. Florida laws provide an aspect of equitable distribution of the resources. The two

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