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Full-Text Articles in Law

Divorce Devastates: Do State Divorce Laws Have An Effect On Women's Economic Well-Being?, Ann Cantwell Jun 2016

Divorce Devastates: Do State Divorce Laws Have An Effect On Women's Economic Well-Being?, Ann Cantwell

Honors Theses

Divorce devastates a family, and with over 40% of first marriages ending in divorce in the United States, it is important to analyze the effect divorce has on each member of the family. This paper aims specifically at the economic effect of divorce on women, and furthermore, if the implementation of a no-fault divorce clause in state law has negatively impacted women’s wellbeing. Women’s well-being is determined by annual income divided by annual need. The study looks at three different state divorce laws surrounding fault—fault-based, no-fault as the only option, and no-fault as grounds for divorce—as well as variance due …


Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson Jan 2014

Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson

Legacy Theses & Dissertations (2009 - 2024)

The goal of this dissertation was to explore the internal problem solving nature of state courts and thus produce a narrative about court-created legal development. By examining four policy areas related to marriage: divorce/annulment, alimony, adoption/custody and loss of consortium, I show the courts turn to performance as a way to adjudicate questions from individuals and couples operating at the margins of marriage, couples who do not live to the marriage ideal or more broadly the breakdown in the marriage ideal. Through an analysis of four unique policy areas I offer conclusions in this dissertation as to why performance matters …


Asset Protection Through The Use Of Premarital Agreements, Robert T. Rose Jan 2012

Asset Protection Through The Use Of Premarital Agreements, Robert T. Rose

CMC Senior Theses

The number of multi-million dollar divorce settlements has been increasing rapidly in the last decade. Although Donald Trump's divorce from his first wife, Ivana, wherein $25 million was awarded to the former spouse, may have seemed like a significant sum in 1992, this amount appears quite minuscule today.1 In December of 2011, Mel Gibson's soon to be ex-wife Robyn Moore received $425 million in the couples' divorce settlement.2 In March of 2012, Frank McCourt was forced to sell his professional franchise, the Los Angeles Dodgers, in bankruptcy during his divorce proceedings with Jamie McCourt.3 It seems as if every month …


Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan Feb 2006

Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan

Archived Theses and Dissertations

This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …


The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey Oct 1993

The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …