The original text is posted in the group discussion area. Many people suggested that it be posted in the movie review area. The content is the same.
I found that everyone was so excited. Excited enough to use the domestic marriage law to substitute into the United States, the law is different. There are even some operations that the domestic marriage law cannot do, everyone takes it for granted. I'm not a legal major, and I'm basically summarizing and analyzing the actual operation cases of people around me. I have lived in the United States and Canada for fifteen years. Every state and every province will be different. Here are the general commonalities. For specific cases, you still need to find a local family law lawyer, which must not be afraid of spending money.
TAYLOR made a lot of mistakes, but from a legal perspective, she really didn't have much leverage at her disposal. Because she is the high-income spouse of the spouse, and has a fixed income (that is, there is a regular pay check, which can be checked by the system). If she gets divorced, it will be a great tragedy.
First of all, regardless of whether there is a concept of "the party at fault" in China, there is no concept of "the party at fault" in the United States and Canada. Don't even think about it. Cheating does not affect the division of property. So no matter if ELI cheats or not, he will never leave the house.
Second, if there is no special prenuptial agreement, the property accumulated within the marriage is divided in half. Not only the house bought after marriage, the money saved after marriage, and even pensions like 401K (a bit of a provident fund concept, you deduct a little every time you get your salary and save it, and use it when you get old), is to be divided equally. What is this concept? Even if TAYLOR is 60 years old and has been divorced from ELI for decades, once TAYLOR wants to retire and get a pension to live, ELI can go to the court and ask TAYLOR to give him half (during the marriage) to him.
Third, partner alimony. Partner support is paid by the higher-income earner to the lower-income earner to ensure that his or her quality of life does not decline. So don't listen to the public -- public -- saying that the US-Canada marriage law protects women, there is no such thing at all. The marriage law only protects the low-income party in the marriage, regardless of whether you are male or female. So even if TAYLOR is divorced, he still has to support ELI if there is no accident. Unless, ELI actively refuses, or ELI remarries (making a girlfriend does not count), or TAYLOR can prove that ELI has income and is similar to TAYLOR. But, you can't prove a freelancer like ELI, because he has no regular pay check. You can say how much his script sold for, but the proof is complicated! Evidence in court.
Fourth, and the most special point -- the equal division mentioned earlier refers to marital property, right? What about premarital property? Every state has different laws. But one thing must be noted, the house bought before marriage, as long as the husband and wife live after marriage, it is very likely to be a marital property. If it was bought after marriage, it is definitely a wedding room. And the marriage house must be divided equally regardless of who paid for it. Moreover, the husband and wife have no right to drive the other out, even if the other cheats. But domestic violence is estimated to be possible, still the same, to prove it. Therefore, even if TAYLOR pays the mortgage alone, even if the real estate certificate only has TAYLOR's name, the marriage house is not hers alone. She has no power to drive ELI out. She can only let ELI go after applying for a court injunction, or after divorce. The ELI has the right to live within a day of the court order. Then in the case of divorce, TAYLOR also has to divide half of the house to ELI, no matter who bought the house, whether it was bought before marriage (in some states). From this point of view, the domestic marriage law is relatively fair, and there is no distinction between those bought before marriage and after marriage.
Fifth, the debt is also divided equally. So ELI can now swipe the co-branded credit card if he wants to, and TAYLOR has to pay at least half of the bill regardless of whether TAYLOR is willing or not. If the final bill cannot be paid, it is TAYLOR whose credit record is damaged, and ELI as a supplementary cardholder does not affect the credit record. Don't underestimate your credit history. In North America, if you have a poor credit history, you won't be able to rent a house. When I look for a tenant, I look at the credit score, and I don't consider the low score at all. No matter what your occupation is, I won't let you rent my house if you are the president.
Sixth, child support. This and partner support are not a sum of money. Fortunately, TAYLOR has no children, otherwise, if the child is awarded ELI, then TAYLOR will really bleed heavily. I have posted an example of Britney's case below, the court Britney paid USD$35,000 per month to her ex-husband (only the child support part), but the ex-husband sued her again and asked for an increase to USD $60,000 per month. People living in the United States can compare their monthly salary to know what this number means. And the lawsuit can continue until the child reaches adulthood. So TAYLOR is still lucky and has no children.
TAYLOR and ELI get divorced, ELI can get half of the house, half of the savings, half of the pension, half of everything else, and can apply for partner alimony to let TAYLOR support him for life (don't be surprised, I know two of them like this ) Yes, as long as you've been married long enough and your partner's income is high enough). All he needs is, not getting married, not working. If he has a child with JADE and proves that he needs more money to maintain his basic living expenses, then when TAYLOR raises his salary or wins the jackpot, and only if his income increases, he can file a new lawsuit and ask TAYLOR to pay more more money. This is how Britney's ex-husband operates, so Britney not only has to raise her ex-husband, her ex-husband and her own children, but also her ex-husband's children with other women. She can't run away in this life. If you don't want to pay, the court can enforce it. Especially TAYLOR, which pays wages every two weeks, is directly deducted from the wages.
TAYLOR refuses to divorce because of her own character flaws, and another important reason is that she does not take advantage of the law. On the contrary, ELI has the right place and the right place. In addition, ELI does not have to do housework and have children in marriage and bear some of the responsibilities that traditional housewives have to bear. It is really a very cost-effective deal.
So you understand that Taylor's marriage is not so easy to divorce, right? She had to plan well.
I think that's why TAYLOR's character is a lawyer. I expect her to use her legal knowledge to find a way to protect her legitimate rights and interests, which can be regarded as a reminder to us professional women.
1. Unless there is a court document, both spouses have equal rights to use the marriage room (TAYLOR cannot drive away ELI)
2. Neither party is allowed to buy or sell the marriage house without the consent of the other house, even if there is only one person’s name on the property certificate (TAYLOR cannot sell the house without ELI’s consent)
3. Even if the house is bought by one of the parties before marriage, the money paid before marriage is not considered as pre-nuptial property and should be divided equally during divorce. (This is what the state says, not every state does)
4. Gifts and inheritances are generally not considered joint property of husband and wife. However, once the gifted money or inheritance becomes the marriage house or is used for the marriage house, it will automatically become the property after marriage, and it will still be divided equally.
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