Family Law in a Nutshell
Author:
Myers, John E.B.
Edition:
8th
Copyright Date:
2022
26 chapters
have results for family law
Chapter 10. Property Issues in Family Law 49 results (showing 5 best matches)
- This chapter discusses property issues in family law. The subject is vast and the law varies from state to state. In addition to state property law, federal law, in particular tax law, law governing pensions, and bankruptcy law, play roles in family law cases. Much of the day-to-day work of family law attorneys focuses on property.
- Sue and Sam are divorcing. For the three years prior to divorce, Sue and Sam enjoyed the companionship of two miniature dachshunds, Bindy and Chibby. Sue and Sam dearly love Bindy and Chibby, and the dogs are very attached to each other. In the divorce, Sue and Sam cannot agree on who should get the dogs. In a divorce case are family pets property subject to division under principles of marital property law? Or are family pets akin to children, allowing the judge to apply a “best interests of the puppy” test? Courts traditionally treated pets as property. (
- The American Law Institute’s
- As with all other aspects of family law, it is necessary to check the law in your state to determine when and how MSAs are incorporated or approved by the court.
- FAMILY LAW LAWYER
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Chapter 1. Introduction: Sources and Applications of Family Law 13 results (showing 5 best matches)
- Family law, also known as domestic relations law, is the law governing family relations. Family law covers marriage and divorce, the parent-child relation, child custody, child support, spousal support, property division on divorce, domestic violence, assisted reproduction, adoption, premarital agreements, cohabitation agreements, the constitution and the family, and ethical issues arising in family law practice. This book addresses these subjects and adds analysis of the juvenile court.
- Family law springs from five sources. First, there is the states’ comprehensive common law, statutory, and constitutional law ordering of family relationships. It should be emphasized that there is no family law in a national, unified sense. Instead, every state has its own law on the subject. Second, there are the United States Constitution and state constitutions by which courts have shaped family law. Chapter 2 describes the impact of U.S. Supreme Court decisions on family relations. Third, there is a vast complex of social welfare and tax legislation, including laws providing benefits on the basis of marital status or dependency, tax laws, and laws regulating entitlements. Fourth, an increasing volume of law and policy, ranging from child support enforcement (Chapter 8) to interstate custody disputes (Chapter 7), has injected federal authority into family law. Fifth, regulation occurs on the local level, including zoning ordinances that impact families.
- Both the growing diversity in groups across this nation who claim to be families and diversity within the families themselves carry consequences for three basic issues in family law: (1) who is in “the family,” (2) what benefits accompany family membership, and (3) what obligations accompany family roles. It may once have seemed that these questions had obvious and uncontroverted answers. It may once have seemed that “family” referred to a natural or obvious social entity created by the biological ties of parent and child and the divine or contractual ties of marriage.
- Family law deals with complex legal and human issues. The practice of family law is challenging, but it can be the most professionally rewarding thing you do.
- Martha Minow, All in the Family and In All Families: Membership, Loving, and Owing, 95 West Virginia Law Review 275 (1992/1993)
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Chapter 2. The Constitution and the Family 9 results (showing 5 best matches)
- The day-to-day work of family law attorneys seldom takes them into the realm of constitutional law. Yet, there is no gainsaying the impact of the United States and state constitutions on families and on the relationship between government, families, and individuals. This chapter summarizes the principal intersections of constitutional and family law. The chapter focuses on decisions of the United States Supreme Court.
- MARRIAGE AND FAMILY
- , the Supreme Court struck down Texas’ sodomy law. The Court noted that people enjoy a constitutional right to make certain decisions regarding intimate sexual conduct, whether gay or straight. The Due Process Clause affords “constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” (
- The Supreme Court has long lauded the right to marry and raise a family. In , the Court struck down laws against interracial marriage as violations of the Equal Protection Clause of the Fourteenth Amendment. In , the Court ruled unconstitutional a Wisconsin law that forbade certain adults who owed child support from marrying unless the person got a judge’s permission. The Court wrote, “Our past decisions make clear that the right to marry is of fundamental importance. . . .” In
- , although the adult involved, Sarah Prince, was nine-year-old Betty’s guardian rather than her mother. Sarah and Betty were Jehovah’s Witnesses. One evening, Betty persuaded Sarah to allow her to go with Sarah onto the streets to distribute religious pamphlets. Sarah was convicted of violating Massachusetts’ child labor laws. The Supreme Court began by emphasizing the importance of parental rights,
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Chapter 17. Family Law Attorney as Trial Attorney 22 results (showing 5 best matches)
- Most family law attorneys are in court on a regular basis arguing motions and trying cases. Thus, family law is typically a litigation practice. This chapter introduces issues of evidence law that arise in family law cases. The chapter begins with expert testimony. Attention then shifts to hearsay in family law proceedings. Next, the chapter addresses technical rules governing admission of documents in evidence. The chapter ends with discussion of privileges.
- Expert testimony is frequently offered in family law trials. The expert may be a mental health professional, accountant, vocational expert, appraiser, or actuary. Experts provide opinions and recommendations on a broad range of subjects, from the best interests of children to the value of businesses.
- There are more than thirty exceptions to the rule against hearsay, but only a handful play a day-to-day role in family law litigation.
- In most states, there is no jury in family law litigation. In bench trials, questions about preliminary issues are decided by the court.
- In many family law trials, authentication is not disputed because the matter is resolved before trial via discovery or stipulation. Some courts have rules requiring parties to resolve such matters in advance.
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Chapter 5. Marriage and Divorce 30 results (showing 5 best matches)
- Litigating family law issues takes a toll on couples’ pocketbooks and egos. The breakdown of a marriage is often accompanied by hurt feelings and anger. Pitting one spouse against the other in court magnifies the pain and anger. Much of the work of the family law attorney involves helping clients litigation. The vast majority of family law cases settle out of court.
- In addition to purely legal work, family law attorneys need to decide how much “hand holding” to do. Some clients are in crisis. They are going through the worst experience of their life. Many clients are angry, scared, depressed, anxious, and uncertain about the future. When children are involved, emotions run even higher. Attorneys have an important counseling role, but lawyers are not mental health professionals. Sometimes, it is appropriate to refer a client to a mental health professional who can help the client with the emotional aspects of divorce. Even when counselors are involved, there is no escaping the emotional side of family law. If you are uncomfortable dealing with strong emotions, and with people who are hurting or angry, family law may not be for you. You can do a great deal of good as a family law attorney, but it is not for everyone.
- During the past several decades, progress has been made integrating alternatives to litigation into family law practice. (
- The family law attorney needs a large amount of information about both spouses. When divorcing couples are on good terms and when they are honest, most or all of the information can be obtained informally without the need for formal discovery. When litigation is required, however, the full panoply of discovery tools is available to the family law practitioner. Thus, it is sometimes necessary to depose the parties and their experts. Interrogatories, requests for production of documents, and subpoenas are available. Failing to conduct necessary discovery can constitute legal malpractice. (
- Tindall and Smith describe collaborative law in the
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- Ethical issues pervade law practice. This Chapter touches on ethical issues of special relevance to family law. The chapter also examines legal malpractice in family law.
- The most common malpractice claims against family law attorneys relate to property division. ( ). Mallen and Smith write, “The most commonly alleged error against a family lawyer concerns the property settlement agreement or how the marital property is divided in the divorce proceedings.” (
- An attorney cannot provide legal advice to a person who is represented by counsel. Sometimes, family law clients who are represented seek a second opinion from another attorney. It is ethical to offer a second opinion without contacting the client’s attorney. (
- Lawyers practicing family law can be sued for malpractice. The elements of a malpractice cause of action are: (1) an attorney-client relationship; (2) the attorney failed to exercise the degree of skill and diligence required by the circumstances; (3) damage; and (4) causation. (
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Chapter 13. Assisted Reproduction 18 results (showing 5 best matches)
- International Journal of Law, Policy and the Family,
- Anne R. Dana (Note), The State of Surrogacy Laws: Determining Legal Parentage for Gay Fathers, 18 Duke Journal of Gender Law and Policy 353 (2011)
- Judith Daar, Multi-Party Parenting in Genetics and Law: A View from Succession, 49 Family Law Quarterly 71 (2015)
- Thousands of people who would love to have a child are unable to do so due to infertility or another medical condition. Some people who are biologically capable of “normal” reproduction eschew traditional reproduction to avoid passing to their offspring an inheritable disease or condition. To have the family they crave, some lesbian and gay individuals pursue reproductive alternatives.
- State legislatures are enacting comprehensive statutes on alternative means of reproduction. New York’s Child-Parent Security Act, for example, went into effect in 2021. (Family Court Act Article 5). Judges generally believe the legislative branch should tackle the issue. , the California Court of Appeal implored the legislature “to sort out the parental rights and responsibilities of those involved in artificial reproduction.” The Legislature responded with amendments to the Family Code ( Cal. Family Code § 7960). Similarly, the Connecticut Supreme Court observed in
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Chapter 7. Child Custody 68 results (showing 5 best matches)
- An emerging issue in family law relates to custody disputes regarding transgender and gender-nonconforming children. A law review article by Katherine Kuvalanka and colleagues provides an excellent introduction to the issue.
- This chapter addresses the most emotionally charged aspect of family law, child custody. Fortunately, most divorcing parents agree on the custodial arrangement that is best for their family and custody litigation is avoided. When parents agree on custody, the judge seldom second guesses the parents. This is not to say that parental decisions regarding custody are binding on the court. In the final analysis, judges decide custody, although, again, judges usually defer to custody agreements reached by parents.
- When parents cannot agree on custody, litigation is necessary and full blown custody litigation breeds tremendous ill-will, stress, and heartache. Custody fights are hard on clients and on kids. Even lawyers, who ostensibly are detached professionals, lose sleep over these cases. Indeed, there are family law attorneys who will not do custody. They will do everything else, but not custody.
- In addition to case law, one finds the terminology of attachment in legislation. For example, when California’s juvenile court law addresses family reunification for children in foster care, the statute asks whether “the child is closely and positively attached to that parent.” (Welfare and Institutions Code § 361.5(c)). At another point, the statute refers to “the degree of parent-child bonding.”
- For the practicing lawyer in the United States, one of the greatest challenges in Convention cases is determining the law of child custody in the child’s country of habitual residence. For example, how does one research child custody law in France, China, or Brazil? Do you understand French, Chinese, or Portuguese? Even if you understand the language, where do you turn for the relevant statutes? Google? Maybe. The U.S. State Department’s Office of Children’s Issues often has useful information. A family law lawyer in the other nation can be consulted. It is good advice to start early researching the custody law of the child’s habitual residence. In , the Seventh Circuit ruled that, for purposes of determining rights of custody under the Convention, proof of foreign law is a question of law rather than a question of fact. The court is free to “find the law” itself. In the main, however, responsibility to track down the custody law of the child’s habitual residence falls to the attorney.
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Chapter 3. Premarital Agreements 17 results (showing 5 best matches)
- The American Law Institute’s
- The American Law Institute (ALI), like NCCUSL, is devoted to improving the law. Indeed, ALI and NCCUSL sometimes collaborate on projects. The ALI produces Restatements of law, including the
- , the Illinois Appellate Court ruled that the party seeking to avoid enforcement of a premarital agreement has the burden of proving the disclosure of property was not fair and reasonable. The American Law Institute places the burden of proof on the party seeking to enforce a premarital agreement. (
- In the Jewish tradition, a ketuba is a document signed prior to a wedding. In the document, the couple agree to abide by Jewish law governing marriage. A “get” is a document that releases a woman from the obligations of the ketuba, and allows her to remarry in the faith. In a number of secular divorce cases, women sought court orders forcing unwilling husbands to grant a get so the woman could remarry. ( Involved, Empowered and Inspired: How Mediating Halakhic Prenuptual Agreements Honors Jewish and American Law and Builds Happy Families, 17 , the New York Court of Appeals found nothing in law or policy that precludes courts from enforcing the secular provisions of a ketuba. Wife brought an action to enforce a provision of her ketuba in which the parties agreed to appear before a religious tribunal called the Beth Din. The Court of Appeals wrote: “The present case can be ...upon the application of neutral principles of contract law, without reference to any religious principle...
- , the New Hampshire Supreme Court wrote, “To avoid invalidation on grounds of involuntariness, it has been recommended that the contract should be presented well in advance of the ceremony, usually thirty days.” California law dictates that the party against whom enforcement is sought must have at least seven days to consider the agreement (
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Chapter 15. Juvenile Court 32 results (showing 5 best matches)
- The effort to preserve families was the key component of the 1980 Adoption Assistance and Child Welfare Act. “Family preservation” was the dominant paradigm of child protection in the 1980s. In the 1990s, however, critics argued that over-reliance on family preservation sometimes led to tragedy. One forceful critic of over-reliance on family preservation was Richard Gelles, who challenged the effectiveness of family preservation in his 1996 book,
- America’s juvenile courts play a central role in protecting children from maltreatment and providing guidance and reform for children who break the law. This chapter discusses the day-to-day work of juvenile court, or as it is called in some states, family court.
- Once the judge rules that a child is a dependent of the court, the next step is disposition—what is the goal for this child and family? CPS prepares a report for the judge outlining the agencies’ goals for the family and the services that will be provided to help the parents achieve the goals. In most cases, the goal is reunification of the family.
- , et seq.). The law is intended to reduce the number of Native American children inappropriately removed from their homes. Congress reported, “The wholesale separation of Indian children from their families is perhaps the most tragic and destructive aspect of Indian life today.”
- A number of courts created an exception to application of ICWA known as the “existing Indian family doctrine.” The California Court of Appeal explained in , “The existing Indian family doctrine is a judicially created exception to the ICWA for factual situations when the minor has never been a member of an Indian home or exposed to Indian culture. It was first applied by the Kansas Supreme Court in . That court has since repudiated the doctrine, as have courts in many other states.” A federal regulation provides: “There is no exception to application of ICWA based on the so-called ‘existing Indian family doctrine. . . .’ ” ( ). When this regulation becomes law, it will put an end to the doctrine.
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Outline 13 results (showing 5 best matches)
Center Title 1 result
Preface 1 result
Chapter 6. Parent-Child Relationship Establishing Parentage 16 results (showing 5 best matches)
- Children have two parents, right? A mother and a father or two parents of the same gender. But can a child have more than two parents? In most states, the answer is no. (Myrisha S. Lewis, Biology, Genetics, Nurture, and the Law: The Expansion of the Legal Definition of Family to Include Three or More Parents, 16
- Court proceedings to establish parentage occur in several settings. (2017 UPA §§ 601 et seq.). First, to collect child support, a parentage action may be commenced in family court. A support-motivated proceeding may be commenced by a parent or by a child support enforcement agency. Second, a person who claims to be a child’s parent may commence a family court action to establish the parental relationship. Third, in juvenile court proceedings to protect children from abuse or neglect, the juvenile
- Cal. Family Code § 7611(d)
- At common law, a child born out of wedlock was “illegitimate”—a “bastard.” Early law treated “illegitimate” children harshly. William Blackstone (1723–1780), in his
- States have complex statutes governing parentage. The most influential law is the Uniform Parentage Act (UPA), first published in 1973. The UPA was revised in 2000 and again in 2017. Key components of the 2017 UPA are discussed in this section. Parentage laws vary from state to state, and the reader is referred to local law for details.
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Chapter 8. Child Support 16 results (showing 5 best matches)
- States have the Uniform Interstate Family Support Act (UIFSA). The UIFSA works in tandem with the federal Full Faith and Credit for Child Support Orders Act (FFCCSOA) ( ). The two laws establish procedures and jurisdictional rules regarding the creation and enforcement of child support orders across state lines. Only one state at a
- Parents have a moral and legal responsibility to support their minor children. Arizona law provides, “Every person has the duty to provide all reasonable support for that persons’ natural and adopted minor, unemancipated children” ( Ariz. Rev. Stat. § 25–501.A). California law states, “A parent’s first and principle obligation is to support his or her minor children according to the parent’s circumstances and station in life.” (
- In 1935, during the height of the Great Depression, Congress passed the Social Security Act. Part of the Act created the program called Aid to Families with Dependent Children (AFDC). This program supplied federal funds to states to help support low income parents and children. Over the decades, AFDC provided a financial lifeline to millions of children. In 1996, AFDC was replaced with Temporary Assistance for Needy Families (TANF).
- FAMILY SUPPORT ACT
- Several states have statutes codifying the rule. In California, for example, the Family Code specifies that the duty to pay child support is not affected by the custodial parent’s refusal to facilitate visitation. (
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Chapter 12. Intimate Partner Violence 26 results (showing 5 best matches)
- IPV protective orders are available not only in civil proceedings focused exclusively on IPV. Protective orders can be granted in criminal law proceedings, family court cases, and juvenile court matters.
- ). The Court wrote, “We may assume that the old doctrine, that a husband had a right to whip his wife, provided he used a switch no larger than his thumb, is not the law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.” Cases of serious spousal abuse were prosecuted in North Carolina. Like their colleagues in Mississippi, however, the justices of the North Carolina Supreme Court felt it was unseemly for family matters to be aired in public prosecutions. In 1868, the North ...“The courts have been loath to take cognizance of trivial complaints arising out of the domestic relations—such as master and apprentice, teacher and pupil, parent and child, husband and wife. Not because those relations are not subject to the law, but because the evil of publicity would be greater than the evil involved in the trifles complained of; and because they ought...
- (man told his family law attorney he would kill the mother of his children if custody case went against him; man then fired his attorney; fired attorney emailed mother’s attorney to warn her of the threat; this was sufficient evidence to support a restraining order)). The Kentucky Court of Appeals ruled that a threat to commit suicide in front of the couple’s children constituted domestic violence. ( ). Many definitions of IPV include false imprisonment or kidnapping, harassment (including electronic harassment), arson of the family home, and other destruction of property, preventing the victim from reporting IPV, and violation of a protective order. A few states include controlling property in such a way that the victim is forced to return to the abuser out of fear of inability to meet basic needs. Some states add harming or killing an animal in order to terrorize or control the human victim. ( ...s husband abused the family pet)). In California, IPV includes disturbing the peace of...
- Intimate partner violence is as old as humanity. During much of Western history, society not only turned a blind eye toward most IPV, the law actually approved moderate physical chastisement of a woman by her husband. In early Roman law “the husband had the power to chastise, sell or even kill the wife, having the same authority over her as over his child.” (William L. Burdick,
- Intimate partner violence is common in the United States and around the world. Intimate partner violence (IPV) is defined in criminal law and civil law. IPV includes use of physical force in an intimate relationship.
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Index 11 results (showing 5 best matches)
Chapter 14. Adoption 22 results (showing 5 best matches)
- Before the civil rights movement of the 1960s, interracial adoption was uncommon. Several states, Louisiana and Texas, for example, banned interracial adoption. Most social workers believed it was important to place children with adoptive parents of the same ethnic background. During the 1960s, courts struck down laws against interracial adoption, and increasing numbers of mixed race adoptions occurred—mostly white parents adopting children of color. During the 1970s, critics of interracial adoption campaigned against the practice, led by the National Association of Black Social Workers. In 1972, the Association issued a position paper based on the premise that America is racist. The paper stated in part: “Black children should be placed only with Black families in foster care of for adoption. Black children belong, physically, psychologically and culturally in Black families in order that they receive the total sense of themselves and develop a sound projection of their future....
- et seq. ICWA is discussed in § 15–15). ICWA provides, “In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child’s extended family; (2) other members of the Indian child’s tribe; or (3) other Indian families.” (
- Traditionally, adoption built a wall between the child’s past and future. With adoption, the child’s life began anew. The child’s previous life, including the “old” parents and extended family, were cast away to be forgotten. Generations of adoptive parents did not disclose the fact of adoption. Yet, adopted children often knew or suspected the truth and were curious about their genetic parents. They wondered, “Where did I come from?” and “Didn’t my birth parents want me?” These profoundly personal and important questions led to changes in policy and law. Today, states have procedures allowing adopted children to learn about their past.
- that unmarried couples—gay and straight—can adopt. The New York court’s decision helped change the law around the country. In
- Open adoption is a general term that encompasses a multitude of circumstances. An adoption may be considered open solely based on the fact that the birth mother is involved in the process of selecting the adoptive family, regardless of whether she has any further contact with them or the child. The birth mother may receive annual updates on the child’s well-being, including pictures or phone calls, or even occasionally visit the child. Essentially, the specific terms of an open adoption will fall somewhere on a spectrum, depending how much contact and involvement the birth family is to
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Chapter 9. Spousal Support 13 results (showing 5 best matches)
- American Journal of Family Law
- Cynthia Lee Starnes, Alimony Theory, 45 Family Law Quarterly 271 (2011)
- ). California law is typical, providing: “Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.” (
- Suppose Hank is divorcing Sally. Some years back, Hank’s parents created a discretionary support trust for Hank, containing a spendthrift provision. Hank’s parents are the trustees. At the time of the divorce, Hank is not receiving any money from the trust. In the divorce, Sally seeks spousal support. Sally asks the family court judge to include in Hank’ income the amount Hank
- . Elizabeth has been a judge on the family court bench for 15 years and is regarded as a superb judge. Elizabeth’s salary as a judge is $195,000 per year. Elizabeth and her husband Dan are divorcing. Dan is a teacher, with an annual salary of $60,000. In the divorce, Dan seeks spousal support, joint custody of their fifteen-year-old daughter, and child support. Dan argues that Elizabeth could double her income by resigning from the bench and becoming a “private judge.” People hire “private judges” to help them resolve disputes without formal litigation. Assume
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Chapter 11. Annulment 6 results (showing 5 best matches)
- Cal. Family Code § 2201
- Consider Sue and Bill, who were married fifteen years. They divorced three years ago. In the divorce, Sue was ordered to pay Bill spousal support of $4,000 per month. The divorce decree provided that spousal support would end on Bill’s death or remarriage. A year ago, Bill married Beth. Upon Bill’s marriage to Beth, Sue stopped paying spousal support. Recently, Bill obtained an annulment of his marriage to Beth. As soon as the annulment was final, Bill returned to family court and filed a motion requesting the judge to order Sue to resume spousal support. Bill relies on the relation-back theory. According to Bill, the annulment relates back and wipes out his marriage to Beth. In other words, Bill did not remarry, and Sue
- When a person has been married to different people, the law presumes the most recent marriage is valid. In , “This presumption is one of the strongest known to law; it is, in itself, evidence; and it may even outweigh positive evidence to the contrary. The presumption’s strength increases with the lapse of time, acknowledgments by the parties to the marriage, and the birth of children. . . . The party attacking the validity of the subsequent marriage must also introduce sufficient evidence, standing alone, to negate the dissolution of the previous marriage. To rebut the presumption, the proponent of the earlier marriage must prove that (1) the first spouse was alive at the time the husband married the second wife; (2) the husband never secured a divorce or annulment from the first wife; and (3) the first wife never secured a divorce or annulment from the husband.”
- ) was unavailable and annulment was the only way to terminate an unhappy marriage. In the relatively recent past (prior to the 1970s), divorce was socially stigmatizing. Eyebrows rose when a woman was a “divorcee.” Today, divorce is practically normative. The social reasons to prefer annulment over divorce are disappearing. Some people have religious reasons to prefer annulment. Other people want an annulment because they can say with a straight face that in the eyes of the law the marriage did not exist. In the twenty-first century, annulment is uncommon. The vast majority of unhappy couples divorce.
- , “In California, a void marriage is invalid for all purposes from the moment of its inception, whether or not it has been so declared in a court of law, and its invalidity may be shown collaterally in any proceeding in which the fact of marriage may be material. . . . There is a fundamental difference between a judgment of dissolution and a judgment of nullity. While a judgment of dissolution terminates a valid marriage, a judgment of nullity declares that the marriage was void from its inception.” Yet, void “marriages” often last years, and it is useful to bring an annulment proceeding or a divorce so the court can clarify the parties’ marital status and adjudicate issues pertaining to custody of children and property.
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- The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
- to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in other Contracting States.
- it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
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WEST ACADEMIC PUBLISHING’S EMERITUS ADVISORY BOARD 14 results (showing 5 best matches)
- Arthur J. Kania Dean and Professor of LawVillanova University Charles Widger School of Law
- Professor of LawUniversity of Houston Law Center
- Dean and Joseph L. Rauh, Jr. Chair of Public Interest LawUniversity of the District of Columbia David A. Clarke School of Law
- Professor of Law, University of Houston Law Center
- Professor of Law, Yale Law School
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Appendix A. Uniform Child Custody Jurisdiction and Enforcement Act 10 results (showing 5 best matches)
- A child-custody determination made by a court of this State that had jurisdiction under this Act binds all persons who have been served in accordance with the laws of this State or notified in accordance with Section 108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
- “Court” means an entity authorized under the law of a State to establish, enforce, or modify a child-custody determination.
- has been awarded legal custody by a court or claims a right to legal custody under the law of this State.
- “Tribe” means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a State.
- “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
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Chapter 4. Cohabitation 3 results
- New Jersey law provides that an agreement “by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination” must be in writing. (
- Margaret Ryznar & Anna Sporek, Cohabitation Worldwide Today, 35 Georgia State University Law Review 299 (2019)
- Unmarried couples often accumulate property during the relationship. The system of marital/community property applies to married couples and registered domestic partners, not to cohabitants. Thus, cohabitants do not acquire marital or community property. Courts may apply principles of non-marital property law to partition interests in property. (
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- Publication Date: April 25th, 2022
- ISBN: 9781685610401
- Subject: Family Law
- Series: Nutshells
- Type: Overviews
- Description: Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent’s right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice. As you prepare for the bar examination, check to see if family law is tested on the bar you intend to take. The Uniform Bar Exam tests family law. A number of state bar exams include family law. This book covers the family law topics you will encounter on the bar and in a family law course.