List of Exhibits | p. xi |
Preface | p. xxvii |
Acknowledgments | p. xxix |
Marriage | p. 1 |
Marriage: Regulating the Relationship | p. 1 |
Common Law Origins | p. 1 |
The Civil Law Tradition | p. 3 |
The Married Women's Property Acts | p. 3 |
The Move to Legal Equality | p. 5 |
Entrance Into Marriage: Choosing a Spouse | p. 7 |
Marriage as a Fundamental Right | p. 7 |
Restrictions upon Entry into Marriage | p. 8 |
Marriage Formalities | p. 18 |
Procedural Requirements | p. 18 |
Consequences of Failure to Comply with Technical Requirements | p. 20 |
Common Law Marriage | p. 21 |
Formation Requirements and Consequences | p. 21 |
Interstate Recognition | p. 22 |
Saving Devices | p. 23 |
Chapter Summary | p. 23 |
Key Terms | p. 24 |
Review Questions | p. 24 |
Discussion Questions | p. 25 |
Assignments | p. 26 |
Cases for Analysis | p. 26 |
Endnotes | p. 37 |
Premarital Agreements | p. 39 |
The Traditional Approach | p. 39 |
The Growing Acceptance of Premarital Agreements | p. 41 |
Legal Requirements | p. 42 |
Threshold Considerations | p. 42 |
The Fairness Requirement | p. 42 |
Sample Agreement with Explanatory Notes and Drafting Considerations | p. 50 |
Chapter Summary | p. 56 |
Key Terms | p. 57 |
Review Questions | p. 57 |
Discussion Questions | p. 58 |
Assignments | p. 58 |
Cases for Analysis | p. 59 |
Endnotes | p. 68 |
Legal Recognition of Nonmarital Families | p. 69 |
The Rights of Cohabiting Couples | p. 72 |
The Traditional Response: Beyond the Pale of the Law | p. 72 |
The Marvin Decision | p. 73 |
Comment on the Availability of Other Documents to Establish Rights Between Unmarried Partners | p. 78 |
Sample Cohabitation Agreement with Explanatory Text | p. 78 |
Domestic Partnership Initiatives | p. 84 |
Qualifications and Registration Requirements | p. 84 |
Eligibility for Benefits | p. 85 |
Beyond Tangible Benefits: Conferring a Status | p. 87 |
Looking at the Debate | p. 88 |
The Functional Family Approach | p. 89 |
The Braschi Case | p. 89 |
The Significance of the Decision | p. 90 |
Adult Adoption | p. 91 |
Chapter Summary | p. 92 |
Key Terms | p. 93 |
Review Questions | p. 93 |
Discussion Questions | p. 94 |
Assignments | p. 95 |
Cases for Analysis | p. 96 |
Endnotes | p. 109 |
Domestic Violence | p. 111 |
The Traditional Approach | p. 111 |
Early Reform Impulses | p. 113 |
The Present Legal Approach to Domestic Violence | p. 114 |
Obtaining Civil Orders of Protection Under Abuse Prevention Laws | p. 115 |
Qualifying Relationships | p. 116 |
Covered Conduct | p. 119 |
Available Remedies | p. 120 |
Court Procedure: Obtaining Protective Orders | p. 124 |
Enforcement | p. 128 |
The Federal Response to Domestic Violence: The Violence Against Women Act (VAWA) | p. 133 |
Working with Victims of Domestic Violence | p. 134 |
Chapter Summary | p. 135 |
Key Terms | p. 136 |
Review Questions | p. 136 |
Discussion Questions | p. 138 |
Assignments | p. 138 |
Cases for Analysis | p. 139 |
Endnotes | p. 146 |
The Law of Divorce, Annulment, and Legal Separation | p. 149 |
Historical Overview | p. 149 |
Religious Underpinnings | p. 150 |
The American Experience | p. 151 |
Fault Divorce: Common Grounds and Defenses | p. 153 |
Divorce Grounds | p. 153 |
Defenses | p. 155 |
No-Fault Divorce | p. 157 |
The Underpinnings of Reform | p. 157 |
No-Fault Laws | p. 158 |
The Divorce "Counter Revolution" | p. 160 |
The Law of Annulment | p. 164 |
Distinguished from Divorce | p. 164 |
Grounds | p. 165 |
Consequences of an Annulment Decree | p. 166 |
Legal Separation | p. 168 |
Chapter Summary | p. 169 |
Key Terms | p. 170 |
Review Questions | p. 171 |
Discussion Questions | p. 172 |
Assignments | p. 172 |
Cases for Analysis | p. 173 |
Endnotes | p. 180 |
Child Custody | p. 183 |
Evolving Legal Standards | p. 183 |
Paternal Preference | p. 183 |
The Shift to Maternal Custody | p. 184 |
The Modern Best Interest Test | p. 185 |
The Primary Caretaker Presumption | p. 197 |
Allocation of Custodial Rights and Responsibilities | p. 199 |
Physical and Legal Custody Distinguished | p. 200 |
Sole and Joint Custody Distinguished | p. 200 |
Taking a Closer Look at Custodial Arrangements | p. 201 |
Parenting Plans and Education | p. 202 |
The Joint Custody Controversy | p. 203 |
The Noncustodial Parent | p. 205 |
The Legal Status of a Noncustodial Parent | p. 205 |
Visitation Rights | p. 206 |
Interview Checklist | p. 206 |
Post-Divorce Custody and Visitation Disputes | p. 210 |
Disputes About Custody | p. 211 |
Disputes About Visitation | p. 211 |
Relocation Disputes | p. 212 |
Determining Custodial and Visitation Rights of "Nonparents" | p. 213 |
Grandparents | p. 214 |
Stepparents | p. 216 |
Co-Parents | p. 218 |
Chapter Summary | p. 220 |
Key Terms | p. 221 |
Review Questions | p. 221 |
Discussion Questions | p. 223 |
Assignments | p. 224 |
Cases for Analysis | p. 225 |
Endnotes | p. 246 |
Child Support | p. 249 |
Historical Overview | p. 250 |
The Administrative Framework for the Establishment and Enforcement of Child Support Orders | p. 251 |
The Federal Office of Child Support Enforcement | p. 251 |
At the State Level: The IV-D Agency | p. 251 |
Eligibility for IV-D Services | p. 251 |
Locating Absent Parents | p. 252 |
Child Support Guidelines | p. 253 |
Enforcing the Support Obligation | p. 270 |
Data Collection and Sharing | p. 271 |
Interstate Cases | p. 274 |
The Uniform Interstate Family Support Act (UIFSA) and the Full Faith and Credit for Child Support Orders Act (FFCCSOA) | p. 275 |
Enforcement Under State Law Procedures | p. 276 |
Criminal Nonsupport | p. 276 |
Contempt | p. 277 |
Modification and Adjustment of Support Awards | p. 277 |
Modification Based on Changed Circumstances | p. 278 |
The Review and Adjustment Procedure | p. 279 |
Duration of the Parental Support Obligation | p. 279 |
Termination of Support Prior to Majority | p. 280 |
Extension of Support Beyond Majority | p. 281 |
Tax Implications | p. 282 |
Characterization of Child Support Payments | p. 282 |
The Dependency Exemption and Child Tax Credit | p. 283 |
Chapter Summary | p. 284 |
Key Terms | p. 285 |
Review Questions | p. 285 |
Discussion Questions | p. 287 |
Assignments | p. 288 |
Cases for Analysis | p. 290 |
Endnotes | p. 296 |
Spousal Support | p. 299 |
Historical Overview | p. 299 |
English Roots: Alimony and Fault | p. 299 |
Alimony on the Eve of the No-Fault Reform Era | p. 300 |
Impact of No-Fault Reform | p. 301 |
Property Division as the Primary Distributive Event | p. 301 |
Shifting the Focus from Moral to Economic Considerations | p. 301 |
Degendering the Support Obligation | p. 302 |
Shifting from an Assumption of Female Economic Dependence to an Assumption of Economic Self-Sufficiency | p. 302 |
Critique of the "Clean Break" Approach | p. 302 |
Support Determinations | p. 304 |
Factors to Be Considered | p. 304 |
Interview Checklist | p. 306 |
Support Models | p. 307 |
The Professional Degree Cases | p. 309 |
The Availability of Medical Insurance | p. 313 |
Post-Divorce Modification and Termination of Support | p. 313 |
The General Concept | p. 313 |
Modifiability of Specific Types of Support | p. 314 |
Specific Situations | p. 315 |
Agreement of the Parties to Prohibit Modification | p. 317 |
Enforcement of Support Awards | p. 317 |
Bankruptcy and the Support Obligation | p. 318 |
Tax Consequences | p. 319 |
The Basic Rule of Includibility/Deductibility | p. 319 |
Chapter Summary | p. 321 |
Key Terms | p. 322 |
Review Questions | p. 322 |
Discussion Questions | p. 324 |
Assignments | p. 324 |
Cases for Analysis | p. 326 |
Endnotes | p. 334 |
Division of Marital Property | p. 337 |
Overview of the Two Marital Property Systems | p. 337 |
The Community Property Approach | p. 337 |
The Common Law Approach | p. 339 |
The Property Distribution Process | p. 341 |
Defining Property | p. 342 |
Classification of Property | p. 345 |
Valuation | p. 351 |
Distribution | p. 353 |
Tax Consequences | p. 358 |
Chapter Summary | p. 359 |
Key Terms | p. 359 |
Review Questions | p. 360 |
Discussion Questions | p. 362 |
Assignments | p. 363 |
Cases for Analysis | p. 365 |
Endnotes | p. 373 |
Jurisdiction | p. 375 |
Overview of Subject Matter and Personal Jurisdiction | p. 375 |
Subject Matter Jurisdiction | p. 375 |
Personal Jurisdiction | p. 376 |
Jurisdiction and the Divorce Action | p. 377 |
Does the Court Have Jurisdiction to Dissolve the Marriage? | p. 377 |
Does the Court Have Jurisdiction to Award Support? | p. 378 |
Does the Court Have Jurisdiction to Divide Property? | p. 379 |
Does the Court Have Jurisdiction to Determine Custody? | p. 380 |
Chapter Summary | p. 384 |
Key Terms | p. 385 |
Review Questions | p. 386 |
Discussion Questions | p. 387 |
Assignments | p. 387 |
Cases for Analysis | p. 388 |
Endnotes | p. 397 |
The Divorce Process | p. 399 |
The Initial Client Interview | p. 399 |
The Emotional Context | p. 400 |
Conducting the Client Interview | p. 400 |
The Divorce Action: Initial Steps and Discovery | p. 410 |
The Initial Steps | p. 410 |
Discovery | p. 427 |
The Middle Phase: Moving Toward Resolution or Trial | p. 448 |
Motions for Temporary Relief | p. 449 |
Approaches to Dispute Resolution | p. 457 |
Reaching a Resolution: The Separation Agreement | p. 463 |
The Divorce Hearing | p. 479 |
The Uncontested Case | p. 481 |
The Contested Case | p. 482 |
Post-Divorce Proceedings | p. 484 |
Post-Trial Motions | p. 484 |
Appeals | p. 485 |
The Complaint for Modification | p. 487 |
The Complaint for Contempt | p. 490 |
Chapter Summary | p. 490 |
Key Terms | p. 493 |
Review Questions | p. 494 |
Discussion Questions | p. 497 |
Assignments | p. 498 |
Endnotes | p. 501 |
Children of Unmarried Parents | p. 503 |
The Emerging Legal Status of Children of Unmarried Parents | p. 503 |
Common Law Status: A Child of No One | p. 503 |
Early American Reform Efforts | p. 504 |
Constitutional Developments | p. 505 |
Establishing Paternity | p. 512 |
Paternity and Legitimation Distinguished | p. 512 |
The Adjudication of Paternity | p. 512 |
Following the Determination of Paternity | p. 518 |
Voluntary Acknowledgment of Paternity | p. 518 |
Paternity Claims Involving Sperm Donors | p. 521 |
Sperm Donation and the Married Couple | p. 521 |
Sperm Donation and the Unmarried Woman | p. 522 |
Chapter Summary | p. 523 |
Key Terms | p. 524 |
Review Questions | p. 524 |
Discussion Questions | p. 524 |
Assignments | p. 526 |
Cases for Analysis | p. 527 |
Endnotes | p. 537 |
Child Abuse and Neglect | p. 541 |
Historical Overview | p. 542 |
The Colonial Period | p. 542 |
The Emergence of the Privatized Family | p. 543 |
Child Rescue: Preventing Curelty to Children | p. 543 |
The Child Protective System | p. 545 |
Defining Abuse and Neglect | p. 546 |
The Reporting of Suspected Abuse or Neglect | p. 550 |
Screening and Investigation | p. 551 |
Substantiated Cases: Federal Law and the "Reasonable Efforts" Requirement | p. 552 |
Removal of a Child | p. 554 |
Chapter Summary | p. 556 |
Key Terms | p. 557 |
Review Questions | p. 557 |
Discussion Questions | p. 559 |
Assignments | p. 560 |
Cases for Analysis | p. 561 |
Endnotes | p. 572 |
Adoption | p. 575 |
Historical Overview | p. 575 |
The Distinction Between Agency and Independent Adoptions | p. 577 |
Agency Adoptions | p. 577 |
Independent Adoptions | p. 578 |
The Adoption Process | p. 579 |
Adoption Based on Parental Consent or Relinquishment | p. 579 |
Adoption Based on the Involuntary Termination of Parental Rights | p. 582 |
The Adoption Placement | p. 583 |
The Adoption | p. 586 |
The Changing Nature of Adoption: Open Adoption and Access to Adoption Records | p. 587 |
Open Adoption | p. 588 |
Access to Adoption Records | p. 588 |
Adoption in Specific Situations | p. 589 |
Stepparent Adoptions | p. 590 |
Same-Sex Couples and Second-Parent Adoptions | p. 591 |
Adoption and Unwed Fathers | p. 592 |
Transracial Adoption | p. 596 |
Adoption Abrogation and the Tort of Wrongful Adoption | p. 598 |
Chapter Summary | p. 599 |
Key Terms | p. 600 |
Review Questions | p. 601 |
Discussion Questions | p. 603 |
Assignments | p. 604 |
Cases for Analysis | p. 605 |
Endnotes | p. 613 |
Glossary | p. 617 |
Index | p. 637 |
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