Divorce Dex.com: Fair and Reasonable

Definition Fair and Reasonable - the judicial standard for approving marital agreements.

Application in Divorce Unlike many areas of law, where lawyers fight to the death in a zero-sum contest, divorce law recognizes fairness and reasonableness. A marital settlement that is fair and reasonable goes a long way to helping the former spouses move on with their lives as single people.

In a divorce, a lawyer who promises to go for the throat is a hired gunfighter and someone to avoid.

A divorce settlement that leaves one party impoverished and destitute is not fair and reasonable.

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A Fair Divorce Settlement
One veteran divorce lawyer said that a "fair" settlement is probably one that both parties are not completely happy about, but both can live with. One judge once applied this logic by saying that a "fair" settlement is one that neither party is happy with. In divorce, however, fair and reasonable do not mean equal. For example, sometimes a court gives the marital home to the wife and mother even when the award gives her more than half the marital estate. A fair and reasonable settlement goes a long way toward making life after a divorce easier and better for the former spouses and their children.

Contributed on 7/3/2007 by: DivorceDex.com Staff
Category: Property Division (Applicable in All States)

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#533: The method of child support payments should be chosen based on the situation. Options often included; personal check, direct bank deposit, automatic withdrawal, and wage garnishment.

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