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Articles 151 - 180 of 180
Full-Text Articles in Family Law
Domestic Relations, John W. Richards
Domestic Relations, John W. Richards
Washington Law Review
Covers family desertion and nonsupport.
Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves
Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves
Washington Law Review
In recent years, an ever increasing number of cases involving some phase of this problem has come before the appellate courts of the several states. The purpose of this article is to review the law as it presently exists in Washington, to point out the particular problems facing the Washington lawyer handling such a case, and to make suggestions for effective action based upon a survey of end results accomplished by the actual application of one or more of the bases of jurisdiction in other states.
Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough
Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough
Washington Law Review
P was stationed at Fairchild Air Force Base near Spokane. When his wife joined him in April, 1950, he took quarters outside the base. He told his friends that he intinded to make Spokane his permanent home. In July, 1950, he was sent overseas. His wife returned to Philadelphia, their domicile of origin. In November, 1950, P returned to Spokane, and, except for two trips to Philadelphia to visit his wife who refused to join him, remained in Spokane. He found work there after his discharge in November, 1951. In July, 1951, P commenced this action for a divorce. D …
The King County Family Court, Alice O'Leary Ralls
The King County Family Court, Alice O'Leary Ralls
Washington Law Review
The 1949 Washington Legislature made it mandatory for every County in the State of Washington to set up a Family Court of Conciliation as a branch of the Superior Court. RCW 26.12.010 et seq [Rem. Supp. 1949 § 997-30 et seq]. Pursuant to that mandate such a court has been in operation in King County since February, 1950. By decision of the Superior Court Judges, the Juvenile and Family Court Departments have been combined into a single administrative unit under the supervision of Judge William G. Long.
Guardian Ad Litem—Right Of Alleged Incompetent To Contest Appointment, James F. Mcateer
Guardian Ad Litem—Right Of Alleged Incompetent To Contest Appointment, James F. Mcateer
Washington Law Review
In an action brought by an ex-husband to enjoin an ex-wife's privilege of visiting their children, the trial court on the motion and evidence of incompetency offered by P appointed a guardian ad litem for D. The appointment was resisted by D. On application for a writ of prohibition to prevent appointment of guardian ad litem, Held: D is entitled to a full and fair hearing and an opportunity to defend against the appointment of a guardian ad litem. Graham v. Graham, 40 Wn. 2d 64, 240 P. 2d 564 (1952).
Domestic Relations—Rights Of Putative Father, Robert H. Peterson
Domestic Relations—Rights Of Putative Father, Robert H. Peterson
Washington Law Review
P (a putative father) obtained possession of his infant illegitimate child in 1947. In 1950 the mother took the child from the father and gave it to H and W, a married couple. H and W filed a petition for adoption in the juvenile court. P filed an intervening petition asking that custody of the child be awarded to him by virtue of his rights as a putative father. Trial court held against P on the grounds that (1) the putative father has no rights in the bastard child, and (2) even if he does, this father is not a …
Appeal And Error—Appeal From The Juvenile Court, Eldon C. Parr
Appeal And Error—Appeal From The Juvenile Court, Eldon C. Parr
Washington Law Review
After a husband and wife had instituted adoption proceedings in the juvenile court for a child in custody of that court, the father of the child petitioned the court for custody of the child. The juvenile court dismissed the petition. Appeal. Held: Dismissed. In re a Minor, 39 Wn. 2d 744, 238 P. 2d 914 (1951).
Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke
Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke
Washington Law Review
The avowed purpose of Marital Property in Conflict of Laws is to demonstrate the "correct analysis" for the problem above and a host of similar intriguing choice-of-law questions involving marital property. Laid out between the covers of this comparatively thin volume is as fine a study, as lucid an explanation, and as great a number of practical guideposts for the rational solution of these problems as has yet been made available. The value of the work to the practicing attorney is considerably enhanced by the author's careful attention to the statutes and cases, a welcome change of fare from the …
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Washington Law Review
H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked …
Alimony In Washington: A Note To The Legislature, Ramón E. Brown
Alimony In Washington: A Note To The Legislature, Ramón E. Brown
Washington Law Review
The award of permanent alimony upon a divorce a vinculo, though involving the judicial process, is historically and theoretically dependent upon such power as the legislature of the particular jurisdiction deems fit to confer upon the courts. The Washington court has necessarily recognized this since in every case where the point was raised the court looked to the statutes for its authority. The divorce act now in effect, however, does not confer such power upon the courts! Undoubtedly there have been many awards of alimony since the passage of the present divorce act in 1949, but not under it. Unless …
The Community Property Agreement Statute, Sidney R. Buckley
The Community Property Agreement Statute, Sidney R. Buckley
Washington Law Review
What is the meaning of our community property agreement statute, Rem. Rev. Stat. § 6894 [P.P.C. § 434-39]? Now might be a proper time to examine it and to attempt to determine its purpose, how it has been interpreted, and how well it carries out the purpose for which it was enacted. Though it was enacted by the territorial legislature in 1879, there have been few cases involving community property agreements.
The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.
The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.
Washington Law Review
How can a state prevent its domiciliaries from obtaining migratory divorce decrees? What effect should be given to such a decree if, despite attempts to prevent the practice, some citizens nevertheless persist in obtaining such divorces? What effect must be given to it under the full faith and credit clause of the federal Constitution? No answer has been given to these questions which has not aroused vocal and widespread dissent. The Commissioners on Uniform State Laws have recently promulgated a proposed Uniform Divorce Recognition Act to deal with this problem, and the state of Washington has become the first state …
The Divorce Law Of 1949, Roberta Kaiser
The Divorce Law Of 1949, Roberta Kaiser
Washington Law Review
A subcommittee of the state bar's Legislative Committee was appointed to study all sections of our divorce law, with a view to recommending changes to the state legislature if such study should show that amendments were desirable. The results of that study have been twice reported in this journal. The committee's work resulted in a number of specific recommendations, and later a bill was drafted and submitted to the 1949 legislature, where it was passed without substantial amendment. Approved by the Governor March I9, it will become effective June 9, 1949. Chapter 215, Laws of 1949, is a complete recodification, …
Report Of Committee On Divorce Laws, Roberta Kaiser
Report Of Committee On Divorce Laws, Roberta Kaiser
Washington Law Review
In accordance with the recommendations of the Committee on Divorce Law, as submitted to the 1947 State Bar Convention at Bellingham, work is now going forward on the drafting of specific statutory provisions making certain changes in the law It is contemplated that a bill will be ready for the coming Legislature incorporating the changes recommended by the Committee. It is also possible that certain additional changes may be made after the Committee has had an opportunity to study and confer on the proposed Uniform Divorce Law approved by the American Bar Association Committee.
Community Property And Tort Liability In Washington, Howard P. Pruzan
Community Property And Tort Liability In Washington, Howard P. Pruzan
Washington Law Review
Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot …
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Washington Law Review
The necessity for the court order of relinquishment in adoption proceedings in Washington has until recently presented a confusing problem.
Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd
Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd
Washington Law Review
Still uncertain in many community property states after a half century of litigation is the community or separate status of income derived by the husband or wife from a business involving personal services and separate capital.
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Washington Law Review
Discusses changes to Washington laws on the waiting period for the issuance of a marriage license and adoption relinquishment orders,
Early Washington Marital Property Statutes, Cyril Hill
Early Washington Marital Property Statutes, Cyril Hill
Washington Law Review
Twenty years prior to statehood, the legislature of the Territory of Washington adopted the Community Property System. For nearly seventy years the courts have struggled with its provisions. Although the original act was copied largely from a statute adopted in California in 1850, such changes have been made, that the system in Washington may be regarded as unique. The adoption of the system in its present form was not accomplished by one stroke of the pen. Rather, it has had a checkered career. The original statute passed in 1869 was followed by a marital partnership property act approved November 29, …
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Washington Law Review
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library. The classification plan is very general as a detailed one is not required.
Bibliography Of Selected Material Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Material Relating To The Law Of Community Property, Arthur S. Beardsley
Articles
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library.
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Washington Law Review
The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …
An Evaluation Of Washington Marriage Laws, Richard T. Young
An Evaluation Of Washington Marriage Laws, Richard T. Young
Washington Law Review
Today the attitude of the public, as well as that of most lawmaking bodies, is still one of laissez faire towards this question of marriage laws. It is only when we realize that the problem is inherently involved with that of divorce, juvenile delinquency, pauperism and public health that the need for more scientific marriage legislation is made apparent. The appalling rate at which divorce and crime have increased in the United States in the last few years discloses serious deficiencies in those laws under which the family originates.
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Washington Law Review
No abstract provided.
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Washington Law Review
the ten year period of 1922-32 over one hundred cases involving the law of community property were decided by the Supreme Court of Washington. Many of the cases merely reaffirm well established principles of the law and constructions of the statutes, and the importance of these cases is largely negative. Other cases in which established principles are either extended in application, modified, or rejected, are of positive significance as landmarks in the development and growth of the law It is the purpose of this article (1) to picture that development, and (2) to append to the decisions such comment as …
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Washington Law Review
The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …
Liability Of The Entire Community Estate For The Payment Of State Inheritance Tax Where Husband Undertakes To Dispose Of Entire Community Estate By Will And Wife Elects To Take Under The Will, Judson F. Falknor
Washington Law Review
The question suggested by this topic has not been passed upon by the Supreme Court of this state and has already proven troublesome in a good many pending estates. In this paper, the problem will be discussed from the standpoint of the local inheritance tax and community property statutes, without any especial attention to the similar question which arises under the federal estate tax laws. However, while the state tax and the Federal tax are undoubtedly fundamentally different in their nature, it is thought that the solution of the problem as to the state tax will likewise solve it as …
Incompatibility Of Parties As Ground For Divorce, E. B. Herald
Incompatibility Of Parties As Ground For Divorce, E. B. Herald
Washington Law Review
This brief note is concerned with two recent decisions in the State of Washington touching the law of divorce, Shaw v. Shaw, decided August 22, 1928, by Department One, and Haller v. Haller, decided October 8, 1928, by Department Two. The facts of both cases turn upon incompatibility or the inability of the parties to live together. In the Shaw case the court holds that since the enactment of the Session Laws of 1921, p. 331, this is no longer ground for divorce in this state. In the Haller case the other department of the court apparently holds that it …
Time Of Entry Of Interlocutory Decree Of Divorce As Affecting Date Of Final Decree, F. C. Hackman
Time Of Entry Of Interlocutory Decree Of Divorce As Affecting Date Of Final Decree, F. C. Hackman
Washington Law Review
The neglect of parties to divorce suits to file the interlocutory decree in their respective suit on the day of rendition or promptly, and, in order to remedy such omission, the procuring at some subsequent time of the entry of the interlocutory decree nue pro tune as of the date of rendition, the entry of final decrees on the last day of the period of six months which must elapse before a final decree may be lawfully entered, are practices of omission or commission common enough, and which so vitally concern the status of the parties interested, as to deserve …
The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon
The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon
Washington Law Review
The Washington decisions have settled beyond a doubt that a valid marriage can not take place in this state in any manner other than that prescribed by statute. The statutes were originally enacted in 1854 and have come down to us with practically no alterations and with but few additions. As early as 1892 it was decided that the statutory requirements were mandatory, that a ceremony was essential and that common law marriages, in this state, were invalid. Thus the substantive law has become fixed.