Family Law Commons^™

Recrimination And Comparative Rectitude

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Domestic Relations -- 1962 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

The case of Folk v. Folk' dealt with a long-continued domestic dispute in which the husband sought unsuccessfully to terminate a separate maintenance decree. The litigation had begun in 1954 as a divorce suit by the wife. Although her prayer for divorce had been denied, she had been allowed separate maintenance from her husband because of his mistreatment of her. The chancellor in that action had provided that the separate maintenance payments should continue unless the wife should unreasonably reject a sincere attempt at reconciliation by the husband. The court of appeals had stricken this portion of the decree but …

The Ninth Ground For Divorce In Virginia: Addendum, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.

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

The Present Validity Of Alabama "Consent" Divorces - Gherardi De Parata V. Gherardi De Parata, John Harris Gurley

Maryland Law Review

No abstract provided.

The Ninth Ground For Divorce In Virginia: Statutory Separation For Three Year, D. A. Hendler, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.

Habitual Drunkenness Affecting Family Relations, James J. Mcgarry

Cleveland State Law Review

Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.

Habitual Drunkenness Affecting Family Relations, James J. Mcgarry

Cleveland State Law Review

Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.

Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette

Cleveland State Law Review

In its enforcement, the lawyer, as an officer of the court, occupies a top position of responsibility. The opportunity to deter, and perhaps prevent, the ultimate dissolution of the family comes first to him, and carries with it, a challenge to his patience, tolerance and particularly to his concept of social service. When pursuit of divorce and consequent family disorganization appears unavoidable, counsel is accorded a further opportunity to minimize expenses, avoid scandal and bitterness, and to plan the future welfare of the minor children and the estranged spouses. In performing this task he seeks to evaluate how the court …

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

Articles by Maurer Faculty

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 -- 1960 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Domestic Relations--1960 Tennessee Survey

I. Adoption of Children

II. Persons in Loco Parentis

III. Divorce, Alimony and Counsel Fees

1. Venue

2. Jurisdiction

3. Cancellation of Decree

4. Alimony and Counsel Fees

(a) Discretion To Deny Alimony

(b) In Solido--In Futuro

(c) Duty To Pay Counsel Fees

(d) Court Alteration of Support Agreement

(e) Attachment of Property-Non-Residents

5. Jointly-owned Property

IV. Family Immunity in Tort

V. Tenancy by Tenancy by the Entireties

Conflict Of Laws--Interstate Status Of Divorce, H. S. S. Jr.

West Virginia Law Review

No abstract provided.

Tort Actions Between Husband And Wife, Catherine H. Hotes

Cleveland State Law Review

In the majority of states, the Married Women's Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity.

Annulments--Residents Requirements--Applicability Of Divorce Statures, T. J. W.

West Virginia Law Review

No abstract provided.

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.

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.

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.

Statutory Amendments--Grounds For Divorce, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were approved …

Wife Cannot Sue Husband At Law For Tort Against Her Property Interests - Fernandez V. Fernandez, J. Paul Rogers

Maryland Law Review

No abstract provided.

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.

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

Articles by Maurer Faculty

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.

Domestic Relations--Family Courts, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.