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Divorce

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2018

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Institution
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Articles 1 - 17 of 17

Full-Text Articles in Law

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier Nov 2018

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.


Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David Oct 2018

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic and legal reasons …


Family Law, Siyuan Chen Oct 2018

Family Law, Siyuan Chen

Research Collection Yong Pung How School Of Law

No abstract provided.


Equitable Relief For Erisa Benefit Plan Designation Mistakes, Raymond C. O'Brien Aug 2018

Equitable Relief For Erisa Benefit Plan Designation Mistakes, Raymond C. O'Brien

Catholic University Law Review

Since its enactment in 1974, the Employee Retirement Income Security Act (ERISA) and related insurance and disability programs provided retirement security for employees and employers, amassing more than $9 trillion in protected assets. Congress preempted conflicting state laws so as to promote certainty of distribution and ease of administration, two hallmarks of ERISA-governed plans. Nonetheless, since 1974, American society embraced spousal equality, an increased number of marriages end in divorce, and wealth most often passes through nonprobate transfers such as insurance contracts and pension policy plans. To accommodate these societal and wealth changes, states enacted statutes to provide elective share …


Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward Stein Jul 2018

Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward Stein

Articles

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.


Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair Jun 2018

Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair

St. Mary's Law Journal

Abstract forthcoming


Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon May 2018

Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon

Maine Law Review

Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court deviated from what was …


In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills May 2018

In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills

Maine Law Review

Maine's alimony statute is full of good advice. It directs judges who hear requests for alimony to “consider” all kinds of things, from the parties' individual wealth to their individual health, from their respective ages to their respective wages, from the length of their marriage to the strength of their educations. And, as if to subdue any doubt about the breadth of this assignment, the statute then invites judges to take into account “any other factors the court considers appropriate.” In short, the statute grants judges almost unlimited discretion in awarding alimony. Power notwithstanding, however, anyone who reads the statute …


Should Children Have A Voice In Custodial Placement?, Emily Moore Apr 2018

Should Children Have A Voice In Custodial Placement?, Emily Moore

The Review: A Journal of Undergraduate Student Research

The aim of this paper is to bring to attention the custodial placement of children with divorced parents. Essentially, this paper looks at the importance of involving the child in the process of deciding on a parenting schedule. This is done by examining how children are personally affected by this decision and arguments made to not involve children. Upon examination of these ideas, it becomes clear that during a divorce case children should be given the opportunity to share their opinion on the parenting schedule.


The Sleepwalker's Tour Of Divorce Law, John C. Sheldon Apr 2018

The Sleepwalker's Tour Of Divorce Law, John C. Sheldon

Maine Law Review

It's amazing what you can learn about modern divorce law from Nicholas Copernicus and Johannes Kepler. Copernicus was the 16th century churchman who dared to suggest that the sun, not the earth, lies at the center of the solar system. Kepler was the early-17th century mathematician whose three laws of planetary motion provided the foundation for modern cosmology. Neither of these pioneers had a clue what he was doing. A study of recent procedures, decisions, and statutes in Maine divorce law suggests that nothing has changed since Copernicus. Koestler could have written the same book just by attending a divorce …


Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux Mar 2018

Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux

Maine Law Review

In Long v. Long the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a district court divorce decree dividing the parties' residence of thirteen years as marital property, even though the majority of the funds used for its purchase were traceable to non-marital property the husband had acquired prior to the marriage. The governing statute instructed the district court to make an “equitable” disposition of all property acquired by the spouses during marriage, but required that it first “set apart to each spouse the spouse's [separate] property,” including property acquired during marriage by a spouse “in exchange for …


Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan Mar 2018

Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan

Articles

Mediation currently plays a minor role in the Irish family justice system, yet a policy consensus exists that more couples should be encouraged to mediate and that increased rates of mediation will reduce the numbers seeking redress through the courts. The recently published Mediation Act 2017 adopts this position, assuming that the provision of information on mediation will increase uptake and that mediation offers an alternative to litigation for most civil disputes. This article reviews attempts in Ireland, England and Wales to encourage family disputants to mediate, identifying weaknesses in the information strategy. It also examines the legal framework governing …


The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan Feb 2018

The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Elena B. Langan

This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …


Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze Jan 2018

Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze

Case Western Reserve Journal of International Law

Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …


A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch Jan 2018

A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch

Mitchell Hamline Law Review

No abstract provided.


Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva Jan 2018

Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva

Touro Law Review

No abstract provided.


The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney Jan 2018

The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney

Touro Law Review

No abstract provided.