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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 05-11-2012, 12:54 PM
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Default Law vs. Common Sense

Laws are not designed to provide accomdation (to a greater extent) on actual situations. They do have the benefit of being predictable, usually consistent, and open.
Common Sense can at least accomdate the situation at hand, make reasonable compromises, and deal with the realities of life. On the other hand, common sense is not common, it is referential to one person's point of view, not shared, nor predictable, nor open.

I certainly often rail at the unfairness of divorce law. But, the more I think about it the real issue is that Divorce Law is a Law. And it does precisely what laws do. So, perhaps somewhere between Common Sense and Law exists a better answer. I am throwing this open to suggestions as the current method of using salary and nothing else to impute support and a million other aspects of parenting which cannot be measured seems profoundly broken to me.
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Old 05-11-2012, 01:39 PM
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You sound like a Payor.
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Old 05-11-2012, 01:46 PM
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Originally Posted by PereAMav View Post
Laws are not designed to provide accomdation (to a greater extent) on actual situations. They do have the benefit of being predictable, usually consistent, and open.
Common Sense can at least accomdate the situation at hand, make reasonable compromises, and deal with the realities of life. On the other hand, common sense is not common, it is referential to one person's point of view, not shared, nor predictable, nor open.

I certainly often rail at the unfairness of divorce law. But, the more I think about it the real issue is that Divorce Law is a Law. And it does precisely what laws do. So, perhaps somewhere between Common Sense and Law exists a better answer. I am throwing this open to suggestions as the current method of using salary and nothing else to impute support and a million other aspects of parenting which cannot be measured seems profoundly broken to me.
The biggest problem is that "common sense" is an average and not everyone has *it*. Family Law is embroiled with the breakdown of a family which causes "emotions" to run high. Reasonable people become unreasonable and "emotional reasoning" becomes the battle.

Court is often used for the wrong reason... To try and project blame, get something you want (sole custody, large awards, etc...) that the vast majority of people who have common sense don't do.

Emotional Reasoning is the plague of family law and emotional reasoning is a clinically recognized cognitive distortion that many people in the "divorce industry" profit from.

Lawyers and custody and access evaluators for the most part.

What families need is mental health support... Not the law... The law is there and can be addressed at any time... Families are important, even ones that are separate and apart. No matter how much you want to blame the other person in the matter... At one point you loved the person enough to marry them, live with them and even have children with them.

It is incredible to see how the law gets "applied" when the red coloured glasses of "emotional reasoning" are worn to court by the litigants.

Good Luck!
Tayken
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