1. Most divorces never reach trial, but divorce law still shapes their outcomes. Explain what it means for divorcing couples to “bargain in the shadow of the law.”

"Bargaining in the shadow of the law"

means couples negotiate private settlements based on what a judge would likely rule if they actually went to trial.

Even though most divorces never see a courtroom

background legal rules dictate how money, property, and custody are split.

The legal rights established by the state

give one partner more power, forcing the other to compromise during negotiations.

example for rights already established by the state

such as how men hold more leverage legally over women like property, than she is subjected to to a smaller settlement than he is.