Family Law Commons^™

Alimony And Child Support In Ohio: New Directions After Dissolution, William Louis Tabac

Cleveland State Law Review

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …

Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark

Florida State University Law Review

No abstract provided.

Alimony In Indiana Under No-Fault Divorce, Stephen R. Pennell

Indiana Law Journal

No abstract provided.

Family Law--Alimony And Property Restoration--A Restatement, George A. Smith

Kentucky Law Journal

No abstract provided.

Permanent Alimony Upon Absolute Divorce - A Necessary Change In Pennsylvania Law, David J. Griffith

Villanova Law Review (1956 - )

No abstract provided.

Income Tax--Alimony Pursuant To An Invalid Divorce, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

Domestic Relations -- 1964 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

Though most of the family law decisions of the supreme court and appellate courts of Tennessee reported during 1964 were of the common garden variety, four cases presented issues of notable significance, and in three of them the supreme court seems to have decided questions of first impression in this jurisdiction. As usual, the most common cause of controversy lay in matters of alimony, child support, and property settlements; but there were also decisions regarding grounds for divorce, child custody, the wife's right to damages for loss of the husband's consortium, and the parents' liability for a child's tort. Three …

Reasonable Separation Agreement Executed On Understanding That Wife Would Obtain Foreign Divorce Is Invalid-Viles V. Viles, Michigan Law Review

Michigan Law Review

In July 1951, plaintiff and her husband, both New York residents, separated under a temporary agreement entitling the wife to 400 dollars a month for support. Soon thereafter, the husband urged his wife to divorce him, but she would not assent unless he raised her support payments to 459 dollars per month. This increase was embodied in a permanent separation agreement, executed in October 1951, which the husband signed on the oral understanding that the wife would obtain a divorce in the Virgin Islands. The wife journeyed to the Virgin Islands and, in December 1951, obtained a valid divorce decree. …

Family Law (Survey Of Kansas Law), Dan Hopson Jr., John W. Brand Jr.

Articles by Maurer Faculty

No abstract provided.

Domestic Relations -- 1963 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

During 1963, the Tennessee Supreme and Appellate Courts faced a wide variety of problems in the domestic relations field, but handed down no decisions of outstanding significance. The legislature made several minor revisions in relevant statutes, one of which may prove to be a rather important change in this state's divorce law.

Divorce Under The New Code, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Divorce And Alimony Under The New Code, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Family Law (Survey Of Kansas Law), Dan Hopson Jr., John Brand Jr.

Articles by Maurer Faculty

No abstract provided.

The Economics Of A Divorce: A Pilot Empirical Study At The Trial Court Level, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Income Tax--Alimony--Payment For Months Prior To Divorce Decree Not Deductible, Arthur Mark Recht

West Virginia Law Review

No abstract provided.

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

Domestic Relations, Divorce, Retroactive Modificiation Of Accrued Alimony, Robert Broglia

William & Mary Law Review

No abstract provided.

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 …

Development Of The Concept Of Divisible Divorce--Ex Parte Divorce And Right To Alimony In Kentucky, James H. Byrdwell

Kentucky Law Journal

No abstract provided.

Domestic Relations -- 1958 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Three cases during the survey period dealt directly or indirectly with the subject of adoptions.

In two cases which were discussed in the 1957 survey,' petitions for the adoption of two children were denied because of domestic difficulties in the home of the petitioning parents. The children were ordered to be placed in custody of the State Welfare Department. The foster mother, however, did not comply with this order promptly and was adjudged in contempt by the trial court where her petitions had been filed. The supreme court affirmed the contempt decree in a recently reported case.

Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz

Cleveland State Law Review

The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." …

Abstracts Of Recent Cases, G. W. H. Jr.

West Virginia Law Review

No abstract provided.

Continuing Jurisdiction In Divorce Cases, Otto Miller Iii

Cleveland State Law Review

This paper discusses whether or not a divorce court, by granting a continuing order for support and/or alimony, thereby retains such jurisdiction over the person that it need only give notice by mail or publication before reducing an arrearage to a lump sum judgment which, under "due process" is entitled to full faith and credit in the courts of sister States. It is assumed that the court had jurisdiction over the person of the defendant at the time the order for support and/or alimony was originally granted.

Full Faith And Credit For Divorce Decrees -- Present Doctrine And Possible Changes, James D. Sumner Jr.

Vanderbilt Law Review

The recognition of divorce decrees has perhaps created more concern in the United States than any other legal issue. At least this is a matter that has frequently been the subject of public discussions and articles in national magazines in the last decade and a half. The "laymen" who have participated in these events probably have not realized the technical legal problems involved. However, they have at least by their discussions and writings demonstrated that migratory divorces and respect for them raise problems of national significance. Moreover, there is an abundance of legal articles by judges, lawyers, law teachers and …

Alimony--Rights Of Divorced Wife To Payments After Death Of Divorced Husband, G. W. S. G.

West Virginia Law Review

No abstract provided.

Effect Of A Void Remarriage Upon Obligation To Pay Alimony - Sutton V. Leib

Maryland Law Review

No abstract provided.

Random Thoughts On Marriage And Divorce, Samuel H. Silbert

Cleveland State Law Review

Marriage and divorce give rise to our most perplexing legal difficulties. This is partly due to social considerations. A primary cause, however, can be found in the States' Rights Doctrine as a consequence of which there has been constant confusion and a lack of uniformity in our laws. Our various states differ on when people may marry; whom they may marry; the ages at which they may marry; the residence requirements for divorce and the grounds for divorce. Thus, despite the Full Faith and Credit Clause in the United States Constitution, the decrees obtained in one state are not necessarily …

Federal Taxation Of Alimony Arrangements, Henry D. Collins

West Virginia Law Review

No abstract provided.

Alimony In Indiana: Traditional Concepts V. Benefit To Society

Indiana Law Journal

No abstract provided.

Divorce For Temperamental Incompatibility, Lester B. Orfield

Michigan Law Review

One not acquainted with American or Continental legal history might conclude that temperamental incompatibility as a ground for divorce is a novel and radical innovation. In fact, such divorces have been possible from the beginning of our history. Legislatures granted divorces until the last quarter of the nineteenth century. 'We are told that the legislature was appealed to in cases that were too flimsy or too whimsical for the courts."

About a century ago and for more than a generation later at least nine states had "omnibus clauses in their divorce statutes broad enough to include incompatibility of temper." No …