An Empirical Study of Property Divisions at Divorce
29 Pages Posted: 8 May 2016 Last revised: 27 Sep 2017
Date Written: May 6, 2016
Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code and judicial outcomes.
Keywords: family law, domestic relations, property, divorce, equitable distribution
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