Family Law Commons^™

Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley

Akron Law Review

THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …

Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin

Akron Law Review

WITH THE decision of Wolfe v. Wolfe 1 the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action

Divorce And Alimony; Separation Agreements; Jurisdiction Of Court To Modify; Impairment Of Contract; Statutory Provisions; Wolfe V. Wolfe, John J. Lavin

Akron Law Review

WITH THE decision of Wolfe v. Wolfe the Ohio Supreme Court joins the majority of American jurisdictions' which hold that where a court has the general power to modify a decree for alimony or support the exercise of that power is not affected by the fact that the decree is based on an agreement entered into by the parties to the action.

The Plight Of The Interstate Child In American Courts, Leona Mary Hudak

Akron Law Review

FOR EVERY THREE MARRIAGES solemnized in the United States each year, one divorce is granted. In some states the statistics approach one for every two. Yet, it is not these almost overwhelming statistics which are the most pernicious aspects of the broken American marriage, but rather the tragic aftermath revolving about custody-visitation when children are involved. Therein lies an opprobrious indictment of the American juridical-legal-legislative system.' For with the official rescission of the nuptial contract begin the devious, sometimes vengeful and often heart-rending machinations and maneuvers of "noncustodian v. custodian" hearing and rehearing,' on the courtroom stages of 52 jurisdictions-all …

Does The Russian Adoption Ban Violate International Law?, Christina Champenois

Brigham Young University International Law & Management Review

No abstract provided.

Child Custody Jurisdiction In Ohio - Implementing The Uniform Child Custody Jurisdiction Act, Evelyn Leonard Kosicki

Akron Law Review

Reflecting upon the drafters' purposes, this comment will discuss the judicial and legislative ambiguity in Ohio which necessitated legislative change. It will also compare Ohio's child custody litigation prior to the enactment of the U.C.C.J.A. with the results that are likely to be obtained in today's child custody litigation. In addition, it will examine the statutory procedures which now govern child custody litigation and areas of concern which remain to be challenged.

Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore

Akron Law Review

In Orr v. Orr the United States Supreme Court held unconstitutional the Alabama alimony statutes which provided that husbands, but not wives, may be required to pay alimony upon divorce. The Court's principal reason for so holding was the statutes' violation of the Equal Protection Clause of the fourteenth amendment on the basis of sex discrimination.

Domestic Relations: Legal Responses To Wife Beating: Theory And Practice In Ohio, Nancy Grim

Akron Law Review

Legislation, like Ohio's Domestic Violence Act, has been heralded by battered women's advocates. Much discussion about the limitations of traditional remedies and institutional obstacles preceded the passage of such statutes; but it takes more than words in a statute to effect change. Statutory language can be interpreted in various ways and must withstand constitutional scrutiny. Every aspect of institutional involvement can promote or hinder the purposes of the Act. This comment examines Ohio's Domestic Violence Act in light of actual practice and interpretations. It is hoped that an analysis of the legal operation of the Act as well as extra-legal …

Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank

Akron Law Review

Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.

Family Law Symposium Introduction, Marvin M. Moore

Akron Law Review

Each of the following three articles provides a comprehensive examination of a serious problem besetting the family unit, and each considers the merits of a recently-enacted or proposed reform designed to respond to the particular problem. The timeliness of the articles is disclosed by the fact that the reforms being evaluated have all attained enactment or serious consideration subsequent to 1980.

Divorce Mediation: A New Solution To Old Problems, Victoria E. Solomon

Akron Law Review

The American Bar has traditionally operated as if the practice of law was a profession unto itself, totally unrelated to other disciplines. Fortunately, there is today a growing recognition that the law can be neither developed nor applied in a vacuum. In order to best serve the needs of one's clients and of the legal system as a whole it is necessary to draw upon knowledge evolved in other fields such as economics, history, sociology and psychology. Divorce, for example, is a phenomenon with not only legal but also broad sociological and psychological implications which must be considered in any …

A Survey Of State Law Authorizing Stepparent Adoptions Without The Noncustodial Parent's Consent, Larry K. Laskiewicz

Akron Law Review

The increase of divorce and remarriage in American society has radically changed the concept of family. A typical family may no longer be composed of two parents and their biological off-springs living in the same household. The trend is toward a stepfamily composed of a parent, a biological child, a spouse, and the spouse's child. This paper essentially concerns the ability of a stepparent (in most cases, a stepfather), married to a custodial natural parent, to adopt a minor child from a previous marriage without the consent of the noncustodial natural parent.

Should A Professional Degree Be Considered A Marital Asset Upon Divorce?, Marvin M. Moore

Akron Law Review

Although all four responses have their advocates, it appears that treating the degree as marital property is the most popular response among legal writers and the alimony response is the one most frequently utilized by the courts. It is the position of this writer that the fairest and most practical solution is the restitutional response: to treat the husband's professional degree as a form of marital property and to award the wife restitution for her contributions to its acquisition.

Interspousal Immunity In Ohio After Prem V. Cox, Jean M. Floasin

Akron Law Review

AT FIRST BLUSH, the January 5, 1983 Ohio Supreme Court decision in Prem v. Cox, may lead opponents of the interspousal immunity doctrine to believe that the doctrine has been abrogated in Ohio. But such an analysis might be too optimistic. Prem involved a wrongful death action brought by the deceased wife's estate against her husband and the driver of a second vehicle. The decedent's husband was driving the automobile in which the decedent was a passenger when it collided with another vehicle. The husband's motion for summary judgment based on the doctrine of interspousal immunity was granted by …

Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative, William Green

Akron Law Review

This article will examine the Supreme Court's modification of Roe v. Wade to permit third party participation in a minor's abortion decision-making: how it originated, what direction it has taken and at whose initiative, and what issues remain. This article will argue that the Court's difficulty in resolving this issue resulted from the justices' disagreement over what recognition, if any, should be given to the minor-related interests that states have asserted to support third party involvement. This article will also argue that the Court's eventual ability to reach agreement was due primarily to the policy leadership of Justice Powell. Part …

Parents' Support Obligations To Their Adult Children, Marvin M. Moore

Akron Law Review

The average parent is likely to assume that his legal obligations to his children terminate upon the child's attainment of majority. This was, in fact, the common law rule, and it is true in a few states today. However, most jurisdictions, through statute or court decision, have made parents responsible for the maintenance of their physically or mentally incapacitated adult children, and a number of states have authorized courts to order divorced parents to help defray their post-majority childrens' high school and/or college expenses. The purpose of this article is to examine and evaluate the states' support laws insofar as …

Breaking The Seal: Ohio's Revised Adoption Law, Francis Y. Ake

Akron Law Review

This Comment will review the revised statutory scheme of adoption law in Ohio which permits access to identifying and non-identifying information about birth parents, and will analyze the rights and interests affected by these changes. The analysis will also include an overview of recent studies which may have influenced these changes as public awareness of the sealed record controversy has grown.

Ohio's "Sacred Seal Of Secrecy": The Rules Of Spousal Incompetency And Martial Privilege In Criminal Cases, Wilson R. Huhn

Akron Law Review

In the remainder of this essay the rules of spousal incompetency and marital privilege are compared and contrasted, the history of the rules in Ohio is traced, the underlying justifications for the rules are discussed, and a pitch is made for repeal of both rules, substituting the single rule of spousal immunity described above.

A Professional Degree Is Not Marital Property Upon Divorce: Stevens V. Stevens, Katherine Scheid

Akron Law Review

This Note first analyzes the Stevens court's opinion and concludes that it fails to give sufficient direction on how to determine the amount of the alimony award in order to sufficiently compensate the supporting spouse. Second, this Note explores the ways in which courts in other jurisdictions have attempted to compensate the supporting spouse. Finally, this Note proposes two alternative methods of valuing the supporting spouse's contribution. One method applies if the court, as in Stevens v. Stevens, holds that contribution toward a technical degree is not divisible marital property but should be considered when awarding alimony. The second …

Death Of The Family: What's Become Of The Parents And The Children, Ronald C. Griffin

Akron Law Review

If something isn't done quickly, America will become the first nation in history in which elderly people enjoy more security than children.

To that end I recommend that family obligations be analyzed in contractual terms. If the law encompasses what courts do with specific conduct, contract law can moderate parental behavior through vehicles such as family counselling. It can sort out family duties and supply legal rationales for resolving family disputes in a constructive way. This article begins with a background discussion - history, literature and insights - then addresses the law and legal analysis.