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Articles 91 - 120 of 134
Full-Text Articles in Family Law
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Washington Law Review
It will be recalled that in Williams v. North Carolina, the Supreme Court of the United States held that the fact of domicile as a jurisdictional factor for divorce may be questioned abroad when the matter of full faith and credit is in issue there. On the same day that this case was decided, a majority of the Court arrived at the same conclusion in the case of Esenwein v. Commonwealth of Pennsylvania. Except for the concurring opinion of Justice Douglas, the Esenwein case would have no particular significance. The background facts were similar to those in the second Williams …
The Migratory Divorce, George W. Stumberg
The Migratory Divorce, George W. Stumberg
Washington Law Review
If, no matter what the reason for the migration, the spouse who has obtained the foreign decree returns to his usual abode, a court there may be confronted with the problem of the local effect of the decree. The problem is one which has been with us with varying degrees of intensity since almost the very formation of the American Union.
Community Property, James V. O'Conner
Community Property, James V. O'Conner
Washington Law Review
Covers cases on mutual observance by spouses of separate property agreements.
Domestic Relations, Philip Austin
Domestic Relations, Philip Austin
Washington Law Review
Covers cases on direct support by a father as a defense to his liabiity for nonpayment of child support money and on enforcement of a foreign separate support judgment.
Community Property, Lawrence M. Ross
Community Property, Lawrence M. Ross
Washington Law Review
Covers cases on the right of survivorship in joint tenancy bank accounts.
Domestic Relations, Anon
Domestic Relations, Anon
Washington Law Review
Covers a case on the right of contribution between parents for the support of their minor children.
Community Property, William H. Mays
Community Property, William H. Mays
Washington Law Review
Covers cases on tort liability and conflict of laws.
Domestic Relations, David Wayne Gittinger
Domestic Relations, David Wayne Gittinger
Washington Law Review
Covers cases on divorce—jurisdiction to grant custody and alimony in Washington.
Juveniles, William E. Love
Juveniles, William E. Love
Washington Law Review
Covers selected laws affecting juveniles.
Domestic Relations, Luvern Rieke
Domestic Relations, Richard D. Bonesteel, John R. Tomlinson
Domestic Relations, Richard D. Bonesteel, John R. Tomlinson
Washington Law Review
Covers cases on child custody, alimony (Bonesteel), and the right to a collateral attack (Tomlinson).
Annulment Under The Washington Divorce Act Of 1949, John R. Tomlinson
Annulment Under The Washington Divorce Act Of 1949, John R. Tomlinson
Washington Law Review
In the law of domestic relations, an anulment is to be distinguished from a divorce, in that a divorce is the termination, dissolution or suspension of a previously existing valid marriage; usually for some cause arising after the marriage, whereas an annulment is a court decree proclaiming that an obstensibly legal marital relationship is stripped of its color of legality, and declared void ab initio, for some reason existing at the time of the marriage
Community Property—Ownership During Probate Of The Estate Of One Spouse For Income Tax Purposes, John A. Gose
Community Property—Ownership During Probate Of The Estate Of One Spouse For Income Tax Purposes, John A. Gose
Washington Law Review
In the case of U.S. v. Merrill, 211 F.2d 297, (9th Cir. 1954), the court held that when a wife dies in the state of Washington leaving solely community property and the surviving spouse serves as executor of her estate, only one-half of the executor's fee paid to the husband from community funds is taxable to him as income. The other one-half of the fee is chargeable to his share of community property. Further, the court in dictum said that when one spouse dies leaving an estate consisting only of community property, the executor or administrator is not the owner …
Domestic Relations, Alice D. Hubbard
Domestic Relations, Alice D. Hubbard
Washington Law Review
Covers cases on the disposition of property in divorce and on the power and jurisdiction of juvenile courts.
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Washington Law Review
The superior court of Washington for King County deprived the parents of X, a minor, of any and all parental rights in or to the child and directed that he be a ward of the court. Y, the maternal grandmother, petitioned for custody of the child. After complete and extended inquiry into Y's ability to care for the child the superior court (called the juvenile court in this type of proceeding), denied the request for custody due primarily to Y's tubercular condition. Held Reversed and remanded. When the parents were permanently deprived of custody the grandmother became the natural guardian …
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 …