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Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Jana B. Singer
Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes – particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.
The Privatization Of Family Law, Jana Singer
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Jana B. Singer
The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …
Family Law: Cases, Materials, And Problems, Peter Swisher, Anthony Miller, Jana Singer
Family Law: Cases, Materials, And Problems, Peter Swisher, Anthony Miller, Jana Singer
Jana B. Singer
The Second edition of Family Law addresses contemporary family law issues and analyzes the public and private dichotomy in contemporary family law relationships.
Resolving Family Conflicts, Jana B. Singer, Jane Murphy
Resolving Family Conflicts, Jana B. Singer, Jane Murphy
Jana B. Singer
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the …