Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support

Divorce Tools

Online Divorce Online Negotiation Custody Tracker Custody Evaluation QDRO Preparation Divorce Calendar SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Sign In

The Divorce Encyclopedia
Gender Bias


Term Definition Gender Bias - improper bias for or against a party in an action because of his or her gender.
Application in Divorce Equitable distribution aims at remedying the unfairness in common-law property distribution, particularly to homemakers displaced by divorce. With the gradual decline in the use of title as the key to property distribution, displaced homemakers have achieved greater equity in the distribution of property. Such equity avoids gender bias.

Gender bias -- a prejudice or even a preconceived bias for or against a party on the basis of gender -- is not "a harmless error" that appeals courts ignore.

Though less frequent than at one time, evidence of gender bias has led to reversals on appeal. For example, in a 1992 California case, an appeals court reversed a lower court divorce decision to uphold a prenuptial agreement. During the trial, the judge referred to the wife as "a girl" who was "lovely" but had "nothing going for her except her physical attractiveness." In ruling against the wife, the judge also rhetorically asked, "And why ... do you buy the cow when you get the milk free?" The appeals court came down on the judge, charging that his ruling had a whiff of "romantic paternalism" and lacked the appearance of justice.

Courts have also ruled that the gender of a party who is the homemaker should not affect the spouse’s noneconomic contributions when it comes to property distribution. Courts may not view a man as a slacker if in a marriage he assumes the role of homemaker and the wife works outside the home. In a 1992 Iowa case, the court said, "It is important, however, that we respect the rights of individuals to designate a primary wage earner during marriage and erase any gender bias that because [the husband] is male it was incumbent for him to have employment."

Add the Divorce Encyclopedia to Your Website!


The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.


The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.


Social

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for Divorce

 

Settle Your Divorce Negotiate Your Divorce

 

Track Child Custody Track Custody & Visitation

Start Your Divorce Today - Premium Divorce Online

Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"