Law Commons^™

Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin

Articles

In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …

Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Thursday's Child: Litigation Over Possession Of Cryopreserved Embryos As A Call For Legislation, Jennifer Hodges

Santa Clara Law Review

No abstract provided.

Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy

All Faculty Scholarship

Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …

“Loss Of Earning Capacity” Benefits In The Community Property Jurisdiction--How Do You Figure?, Aloysius A. Leopold

Faculty Articles

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach.

Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …

Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold

St. Mary's Law Journal

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …

The Nuttiness Of Divorce, Thomas W. Merrill

Faculty Scholarship

The erratic, emotional "nuttiness" of divorce is predictable. Rest assured, however, you are not crazy. You are merely responding to the temporary emotional upheaval in your life. To help you better understand what you are experiencing, we have put together a brief explanation of the psychological stages or phases that accompany the legal process of divorce.

The Non-Contested Divorce: Pleadings And Procedures, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Stephanie L. Morgan, Mary E. Schoonover

Continuing Legal Education Materials

Description of proceedings and sample pleadings in a non-contested divorce.