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This popular family law casebook engages students by presenting core family law doctrine while exploring significant transformations in American families and cutting-edge policy debates. It highlights the important role of constitutional law--and other areas of state and federal law--in shaping family law. The book invites students to consider questions of family definition and governmental regulation of families in light of family law's purposes. It charts family law's evolving approach to adult-adult and parent-child (and other caretaker-dependent) relationships, emphasizing that contemporary families take a variety of forms. The Sixth Edition updates all chapters to reflect the latest family law developments, such as the legal treatment of nonmarital families (including plural relationships) and nonbiological parenting as well as recent Supreme Court decisions. It integrates material previously covered in separate chapters on ethical issues in family law practice and jurisdiction into the contexts in which they arise, such as divorce, child custody, and division of marital property. The Sixth Edition has new material highlighting the intersection of family law with race, gender, class, immigration, sexual orientation, and gender identity. As with previous editions, the casebook contains ample problems for students to apply doctrine to realistic factual contexts and highlights practical dynamics of family law practice. The 6th edition: Thoroughly examines the impact of recent Supreme Court cases on family law, including Dobbs v. Jackson Women's Health Organization (and provides teachers with shorter and longer versions of that case), and Golan v. Saada Includes attention to the role of race and racism in laws that shape and regulate the family, with case law addressing marriage, divorce, and inheritance rights of formerly enslaved persons and a post-Loving v. Virginia case challenging the continued requirement that couples disclose race on a marriage license Provides a restructured chapter on the legal consequences of marriage, spousal roles within marriage, and the gender revolution within family law and related fields Includes new developments on marriage requirements, including state minimum age laws and common-law marriage rules, and addresses First Amendment challenges, post-Masterpiece Cakeshop, to civil marriage equality and state antidiscrimination laws Includes new coverage of the intersection of immigration and family law Addresses changes in legal approaches to nonmarital families, including multi-adult domestic partnerships and the Uniform Cohabitants' Economic Remedies Act Provides updated treatment of custody and parenting time issues, including parenting gender-expansive children Provides a restructured chapter on intimate partner violence (IPV), including updates on various factors impacting IPV and shifting gun control statutes and caselaw affecting civil protection orders Provides new consideration of child support issues, including joint custody and subsequent families Provides revised problems in anticipation of the NextGen Bar Exam
Whenever a marriage breaks down, the emotional toll on both parties is tremendous. But what people are usually unprepared for is the wide range of financial matters that need to be thought about when it comes to divide the couple’s assets. How to Get the Most Out of Your Divorce Financially is an invaluable source of information for anyone going through the overwhelming divorce process. The book explains, in simple language: details of the law dealing with the sharing of assets how to justify a higher value for your spouse’s assets, and a lower value for your own how to reduce the costs that you will incur in the process how to choose a lawyer or mediator how to identify little-known assets how to make sure that you get your share of your spouse’s Canada Pension Plan payments And many more aspects of divorce that are often overlooked.
Navigate the challenges of co-parenting with practical advice and legal tips. So you did it. You separated. And now the kids that you always planned to raise together are being raised apart. Most people don’t start a family expecting not to see their children every day, and yet roughly half of us end up in that scenario. From there, it’s a Choose-Your-Own-Adventure — and there are many choices you can make. Your Place or Mine? is a detailed resource for separating parents. It will help you navigate the legal system, including negotiating a settlement, mediation, and litigation, and explains the nuances of different paths to dispute resolution. It also provides specific advice about what to include in a compassionate separation agreement, such as specifying how far parents can live from each other, where transitions take place, how to handle kids’ belongings, communication, future disputes, and introducing your child to a new partner. Schwartz introduces you to several families (including her own) with separated parents, as well as adults who were raised by co-parents, and offers their insights. She also provides accessible advice from psychologists on kids’ mental health, as well as tips from family law lawyers, who share anecdotes about the world of co-parenting.
Should England adopt shari'a law? Does Islam threaten British ideals? Lawyers, theologians and sociologists provide here a constructive, forward-looking dialogue.
Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
This edited collection brings together a selection of papers originally presented at the Legal Services Research Centre's tenth anniversary international research conference. The papers, drawn from three continents, provide an insight into how people experience the law, the extent of impact of legal problems, the reasons people sometimes take no action to resolve problems, methods of service delivery, the integration of legal and health services and forms of funding legal services.