Questions and Answers of Family Law

Describe the partnership view of marriage that underlies the community property approach to the division of marital assets.
Prior to the passage of equitable distribution laws, how did common law states divide property? What was the special equity rule?
When and why did common law states shift to an equitable distribution model?
What is a dual property state? What is an all-property state?
What is the key difference between community property and common law equitable distribution states?
What steps are involved in the division of property?
How has the definition of property changed over time?
What is the difference between tangible and intangible property?
How does the law characterize family pets (a.k.a. "companion animals")? What implications does this have for divorce cases? What new approach have some suggested the law should take?
What is the difference between a vested and an unvested pension?
Why do some states exclude unvested pensions from their definition of property?
Explain why some jurisdictions include professional goodwill in their definition of property and others exclude it.
Why is classification a critical step in dual property and community property states but not in all-property states?
How is marital property generally defined?
What is generally included within the definition of separate property?
Why is it important to determine when property is acquired?
What is the inception of title rule? The source of funds rule?
How might property acquired in contemplation of marriage be classified? Why? What about property acquired during premarital cohabitation? Why?
What cut-off dates are commonly used for determining when property will no longer be considered marital?
What is a gift? When might a gift be classified as marital rather than separate?
What is the difference between passive and active appreciation? Why is this difference important with respect to the appreciation of separate property?
What happens to the classification of separate property that is exchanged for other property during the marriage?
Explain the concept of tracing.
How are personal injury awards classified?
What is transmutation? Explain the four different ways by which property can transmute.
Why is valuation important?
What is meant by the term "fair market value"?
At what point in the process is property usually valued?
What is the difference between an equal and an equitable distribution standard?
How do courts decide what is equitable? What factors are generally considered important?
What are basic ways a distribution can be effectuated?
Describe the dispositional options for the marital residence.
What are the two different approaches to distribution of a pension? What are the relative advantages and disadvantages of each approach?
What is a QDRO?
What are the basic tax consequences of a property distribution?
Do you think it is appropriate to treat marriage as a partnership? Is this fair to both spouses? Does it imply an equality that may not exist in all marriages? How might this be problematic?
Let's assume that Mr. Jones worked hard at a small company to provide for his family. He never particularly enjoyed his work but took his financial obligations to his family seriously. His wife, Ms.
Some commentators have argued that what is equal or equitable should be determined, at least in part, by looking at future results. Viewed from this perspective, a division that appears equal or fair
Assume that for most of an eight-year marriage the husband has been very depressed. As a result, he has bounced from job to job with frequent periods of unemployment and has contributed little by way
In the divorce context, do you think the law should treat pets as personal property and distribute them like other assets, or would it be preferable if they were regarded more like children and
Wife appeals from a judgment of dissolution of the parties' 27-year marriage. We conclude that the trial court erred in finding that husband had rebutted the presumption of equal contribution as to
Michael Schmitz and Christina Schmitz married in Juneau in January 1999. The couple's child, Johnathon, was born in March 1999. While Christina and Michael were married, Christina was Johnathon's
Broadly defined, what is jurisdiction?
What is subject matter jurisdiction?
Explain the concept of personal jurisdiction. What are the ways in which a court can obtain personal jurisdiction over a defendant?
What is a long-arm statute?
What is the jurisdictional basis for dissolving a marriage?
What criticisms have been raised about this approach?
What step might a spouse in a same-sex marriage have to take in order to file a divorce if he or she lives in a state that does not recognize the marriage?
Explain the jurisdictional role of UIFSA in support cases.
What is meant by the term "divisible divorce"?
Explain the jurisdictional concepts that are relevant to the distribution of property.
Traditionally, what has been the basis for the exercise of jurisdiction over a child custody dispute? What problems did this create?
What are the four jurisdictional bases under the UCCJEA and PKPA? Why were these laws enacted?
Explain the concept of continuing, exclusive modification jurisdiction under PKPA. When is that jurisdiction lost?
Under what circumstances do the UCCJA and the UCCJEA encourage states to decline jurisdiction?
Under PKPA, when must a state enforce the decree of another state?
Under PKPA, when can a state modify the decree of another state?
Under PKPA, at what point does the continuing jurisdiction of the decree state terminate?
What would be the result if a new state modified a decree where the decree state had continuing jurisdiction?
What is the Hague Convention on the Civil Aspects of International Child Abduction?
Pursuant to the Convention, on what grounds can a parent try and justify the removal of a child from his or her place of "habitual residence"?
PKPA's continuing jurisdiction rule has been criticized as favoring stability over the needs of children because it can vest exclusive jurisdiction in a state that has lost any meaningful
Do you think the emergency jurisdiction provision of the UCCJEA might encourage parents to flee with children in the absence of a genuine emergency situation in order to try and gain an advantage in
The Mississippi Department of Human Services ("DHS"), on behalf of Diana Goodin-McKay ("McKay"), sought to enforce an Arizona child support order against John T. Goodin ("Goodin") in the Chancery
The issue is whether the order of the trial court was an exercise of its in rem or in persona jurisdiction. The order, entered in the context of the parties' divorce action, directed the parties to
The court held a hearing on Hamm's motion to dismiss in March 2015. Seekins was the only witness. Shortly thereafter, the court entered a written judgment in which it found that Seekins now resides
What was the status of married women under common law?
What were a husband's legal responsibilities under common law?
How was marriage seen in the community property states?
What prompted the passage of the Married Women's Property Acts?
What reforms did the Acts accomplish? What aspects of the common law marital relationship did they leave untouched?
When and how was the transition to gender-neutral marriage laws accomplished?
What did the Supreme Court decide in the case of Loving v. Virginia? Why is this case so important?
Describe the historic trajectory of the fight for marriage equality for same-sex couples, including a description of DOMA.
What did the Court say about marriage equality in the case of Goodridge v. Department of Public Health?
What was the basis of the Supreme Court's ruling in Obergefell v. Hodges?
What kinds of marriage restriction laws are in effect today?
What types of arguments support these restrictions?
What steps must a couple follow to create a formal marriage? What purposes are served by these requirements?
What is the effect of a technical failure to comply with these requirements?
What is a common law marriage?
What elements are necessary to establish a valid common law marriage?
Why did courts traditionally deny relief to cohabiting couples upon dissolution of their relationship?
What was the result of the Marvin decision?
What is an implied-in-fact agreement, and under what circumstances might one arise in the cohabitation context?
What is the ALI approach to resolving dissolution disputes between cohabitants? Explain how this approach differs from the approach that most states use in resolving these disputes.
What is a domestic partnership?
What is the range of benefits that might be offered under a domestic partner or civil union law? Why can states offer more benefits than municipalities?
What is the "relational interest" approach? In what kinds of cases might this approach be used?
Since the United States Supreme Court's decision in Zablocki, some commentators have suggested that all restrictions on an individual's right to marry are unconstitutional. Do you think states should
The dissenting Justices in Obergefell claimed that the plaintiffs were not seeking to "exercise the right to marry," but were instead seeking to exercise a novel and nonexistent right to enter into
What does the concept of "family" mean to you? Is marriage a central aspect of your definition? Why or why not?
This case presents a constitutional question never addressed by this Court: whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of
Justice KENNEDY delivered the opinion of the Court.The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful
Plaintiff avers that in October of 1964 she and defendant "entered into an oral agreement" that while "the parties lived together they would combine their efforts and earnings and would share equally
In this dispute over occupancy rights to a rent-controlled apartment, the central question to be resolved on this request for preliminary injunctive relief . . . is whether appellant has demonstrated
What is a premarital contract?
Why would someone enter into one?
Why were premarital contracts made in contemplation of divorce once considered void as against public policy?

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