Family Law Commons^™

Father In Jail, David C. Baldus

Michigan Law Review

A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers

Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian

Villanova Law Review (1956 - )

No abstract provided.

Stages Of Divorce: A Psychological Perspective, Florence W. Kaslow

Villanova Law Review (1956 - )

No abstract provided.

The Role Of The Lawyer In Matrimonial Cases, Eric D. Turner

Villanova Law Review (1956 - )

No abstract provided.

Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller

Villanova Law Review (1956 - )

No abstract provided.

The New Pennsylvania Divorce Code, Lynne Z. Gold-Bikin, Jack A. Rounick

Villanova Law Review (1956 - )

No abstract provided.

Pennsylvania's Developing Child Custody Law, Emanuel A. Bertin, Vanessa Anthony Klein

Villanova Law Review (1956 - )

No abstract provided.

Marital Property Distribution: Legal And Emotional Considerations, Norman Perlberger

Villanova Law Review (1956 - )

No abstract provided.

The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review

Michigan Law Review

This Note examines the propriety of applying the sham doctrine to tax-motivated divorces. Section I outlines the evolution of the sham doctrine from its exposition in Gregory v. Helvering through its expression in two different tests for commercial transactions. Section II then studies the relationship between state divorce law and the marital status provisions of the Internal Revenue Code to demonstrate the clear congressional preference for incorporating state law by reference rather than creating an independent federal law of marriage. It also examines the history of the 1969 Tax Reform Act in a vain effort to discern a congressional desire …

Joint Custody, Carolyn S. Bratt

Law Faculty Scholarly Articles

Shared custody has traditionally been looked upon with disfavor by the courts. Similarly, some professionals in the field of child development oppose the concept of shared custody. There are, however, several advantages to shared custody. The legal system benefits, as judges escape the unenviable task of playing Solomon. The child benefits because both parents continue to have a voice in the child’s upbringing, and the child continues to enjoy the love, advice, and companionship of both parents. In addition, because both parents share the responsibility of child raising, neither is faced with the loss of self-esteem which results from being …

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher

Law Faculty Publications

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

However, unless the antenuptial agreement provisions fall squarely within this …

Divorce And Separation: Income Tax Consequences, Barbara B. Lewis

William & Mary Annual Tax Conference

No abstract provided.

Duty Of Continued Child Support Past The Age Of Majority, James M. Ammel

University of Arkansas at Little Rock Law Review

No abstract provided.

Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel

Florida State University Law Review

Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.

The Kentucky Divorce Statute: A Call For Reform, Richard D. Simms

Kentucky Law Journal

No abstract provided.

Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman

Kentucky Law Journal

No abstract provided.

Child Support, Life Insurance, And The Uniform Marriage And Divorce Act, David A. Bratt

Kentucky Law Journal

No abstract provided.

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Comparative Reflections Of The "New Matrimonial Jurisprudence" Of The Roman Catholic Church, Charles Donahue Jr.

Michigan Law Review

A recent review of some developments in the law of the Roman Catholic Church concerning the annulment of marriages suggested to me that these developments might be of interest to an audience wider than that composed of those professionally or religiously concerned with the activities of the Church's tribunals. In particular, these developments may reveal something about the problem of incorporating the findings of modern psychology and psychiatry into a legal system, about the ways courts behave when confronted with social change, and perhaps even about the problematic relationship between law and morality. What follows, then, is a series of …

Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson

Washington Law Review

On November 30, 1973, Raymond A. Ways, a member of the United States Navy on active military duty, filed a petition for dissolution of marriage in a Washington superior court. Ways had been stationed in Washington aboard the USS Enterprise (then undergoing repairs at the Puget Sound Naval Shipyard, Bremerton, Washington) since October 1973, but neither he nor his wife had ever been domiciled in Washington. Ways filed his petition in reliance upon R.C.W. § 26.09.030, a statute allowing members of the armed forces stationed in Washington to petition for dissolution of marriage in the state. On February 2, 1974, …

Marital Agreements In Contemplation Of Divorce, Barbara Klarman

University of Michigan Journal of Law Reform

Romantic notions that marriage is forever are beginning to give way to the more realistic assessments that marriages indeed may not last. The pressure has been mounting for ways to provide economic planning to parties in the relatively likely event that their marriages terminate in divorce. The purpose of this article is to focus on one method of obtaining such planning: the marital agreement setting forth the support and property distribution which the parties would follow in the event of divorce. This article will review the law regarding marital agreements in contemplation of divorce as it exists in the United …

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Faculty Scholarship

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …

The Effect Of The New Age Of Majority On Preexisting Child Support Settlements, Nicholas C. Dipiazza

Fordham Urban Law Journal

Since the enactment of the twenty-sixth amendment to the United States Constitution, most states passed legislation lowering the age of majority from twenty-one to eighteen. A crucial question arising from these statutes is whether they affect or should affect child support settlements which provide for support to the child until he or she reaches the age of majority. This note discusses the key question whether children have a continuing right to support until age twenty-one under settlements resulting from divorce decrees and agreements made prior to the enactment of the new age of majority laws. The note analyzes the conflicts …

The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling

Law Faculty Scholarly Articles

In 1977, eight of the United States use community property systems instead of the common law systems used in the other 42 states. Because the community property system is totally alien to common law states which do not recognize community interests in property, when domiciliaries of a community property state migrate to a common law state problems develop over the definition of property rights. Two questions usually arise: do the spouses’ rights and interests in the community property change if they move to a common law state? And if not, how are these rights and interests protected? The first question …

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

Florida State University Law Review

No abstract provided.

Federal Taxation In Separation And Divorce, Edward S. Graves

William & Mary Annual Tax Conference

No abstract provided.

Sosna V. Iowa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …

Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller

University of Michigan Journal of Law Reform

Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …

Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler

Michigan Law Review

A Book Review of Marriage Stability, Divorce, and the Law by Max Rheinstein