Questions and Answers of Family Law

Why did courts gradually come to accept these agreements?
In what ways are premarital contracts treated differently from ordinary contracts?
Why are they treated differently?
What will a court look to in determining procedural fairness?
What will a court look to in determining substantive fairness?
How are the two concepts interrelated?
What direction are courts moving in with respect to reviewing premarital contracts? What considerations underlie this shift?
What kinds of provisions do couples typically include in a prenuptial agreement?
What is the general approach that courts take with respect to each type of provision?
What are postnuptial contracts? How do they different from premarital agreements?
In the event of a dispute over the enforcement of a premarital contract, do you think the agreement should be treated like an ordinary contract or do you think a court should review it for
If you were planning to get married, would you want to enter into a premarital contract? Why or why not? Are there any factors that would influence your decision? For example, what if you were
Do you think premarital agreements denigrate the meaning of marriage by making it more like a commercial transaction?
Do you think postmarital contracts avoid some of the problems associated with premarital contracts? Do they present other potential difficulties?
This cause is before the court on rehearing, the wife having appealed from those portions of the decree awarding a divorce to the husband and the sum of $\$ 600$ per month as alimony to the wife
At issue in this appeal is the validity of a prenuptial agreement executed between the appellant, Catherine E. Walsh Simeone, and the appellee, Frederick A. Simeone. At the time of their marriage, in
This appeal involves a dissolution of marriage action in which the defendant, Bruce L. Bedrick, seeks to enforce a postnuptial agreement. Today we are presented for the first time with the issue of
Why was a husband in ancient Rome permitted to beat his wife?
What did English common law and early U.S. law say about wife abuse?
What was the attitude of the Puritans toward domestic violence?
What did the temperance reformers see as the cause of wife abuse? How did they propose to solve the problem?
How did women's rights activists view the problem? How did their proposed solutions differ from those of the temperance reformers'?
What was the post-Civil War approach to combating domestic violence?
In brief, what is a civil order of protection?
What kinds of relationships would qualify for a protective order in an inclusive state?
What kinds of qualifications might a statute place on someone who is in a dating relationship? What problems might these qualifications pose?
What approaches have states traditionally taken with respect to same sex couples?
What kinds of abusive behavior are covered by most abuse prevention laws?
In what ways might an abuse protection order provide for the safety of a pet?
What kinds of relief are generally available under an abuse prevention law?
Why are gun relinquishment orders important to the safety of victims? What protections are provided by federal law?
What kinds of obligations do police officers have toward victims of domestic violence under an abuse prevention law?
Explain the two-step process for obtaining a protective order.
How are protective orders enforced?
What has been the traditional attitude of the criminal justice system toward domestic abuse cases?
How has this changed? What new approaches have been adopted?
Why are mandatory arrest and prosecution policies controversial?
What is stalking?
What is cyberstalking?
What are the nature and function of specialized domestic violence courts?
What are some of the key provisions of VAWA?
Many people wonder why battered women do not simply walk away from a relationship after the first incident of abuse. Why do you think this might not be an easy step for someone to take?
What do you see as the explanation for the prevalence of domestic violence? Do you think it is an expression of anger or stress, or do you believe it says something about power relationships between
Do you think someone who is in a dating relationship should be allowed to seek protection under abuse prevention laws?
Do you think that mandatory arrest and prosecution policies make sense? Why or why not?
The defendant appeals from an abuse prevention order issued against her pursuant to G.L.c. 209A by a District Court judge based on events that occurred in a residential program under the auspices of
Alan Thomas Huch ("Huch"), appeals the trial court's order granting the appellee, Susan Sareena Marrs' ("Marrs") petition for an injunction against repeat violence. We affirm. In 1988, Huch met Marrs
Appellant Brian Claver appeals the two-year order of protection entered against him on April 26, 2007, which directed him to refrain from contact with appellee Misty Wilbur's minor daughter, S.W.,
What were the Catholic Church's views on marriage?
What remedies were available from the ecclesiastical courts for an unhappy marriage?
How did the Protestant view of marriage differ from the Catholic Church's? What impact did this have on divorce law?
In what way was England different from the other Protestant countries?
How did the Puritans view divorce?
Explain the relevance of guilt and innocence in a fault-based divorce system.
What are the key fault grounds? What are the requirements for each one?
What views do courts hold on the question of whether adultery can be defined to include extramarital same-sex relationships?
What are the key divorce defenses? What is the essence of each one?
What criticism did the no-fault reformers level at fault-based divorce?
What is the difference between a pure no-fault system and a dual system?
Explain the no-fault ground of marital breakdown.
What kind of judicial inquiry is usually conducted in these hearings? How does this differ from the vision of some reformers?
Explain the no-fault ground of living separate and apart.
What concerns have been raised about the availability of no-fault divorce? What reform measures have been proposed?
What concerns have supporters of no-fault divorce raised about present efforts to reform/eliminate no-fault divorce?
What is covenant marriage? What do supporters hope to accomplish?
What are some of the major criticisms of covenant marriage?
What is an annulment, and how does it differ from a divorce?
What is the difference between a void marriage and one that is voidable?
What is a legal separation? How does an action for separate maintenance differ from a legal separation?
Many people believe that no-fault divorce makes divorce too easy and has caused people to lose respect for the institution of marriage. Do you think this is true? Why or why not? If so, what do you
With no-fault divorce, a spouse usually can obtain a divorce because he or she no longer loves the other spouse. Should this be permitted over the objection of a spouse who claims to still be madly
Apart from the needs of children, do you think the state has a legitimate interest in encouraging marital permanency through its divorce laws? If so, how should the state's interest be balanced with
The record supports the following facts. The petitioner filed for divorce from the respondent on grounds of irreconcilable differences. He subsequently moved to amend the petition to assert the fault
April and Andy were married on May 16, 1998. They had two children. Noah Andrew was born on July 19, 1999. Emma Katherine was born on July 30, 2000 . . .In the spring of 2003, April and Andy
What were the rights of fathers at common law?
When and why did mothers become the preferred custodial parent?
What is the best interest standard?
What factors is a judge likely to consider when determining best interest?
What criticisms are commonly made about the best interest standard?
What are the pros and cons of basing a custody decision on the stated preference of a child?
What impact does witnessing spousal abuse have on children? For what other reasons do courts take intra-spousal violence into account when deciding custody?
What did the Supreme Court say in Palmore about the role of race in custody disputes?
Post-Palmore, can race and culture ever be taken into account when deciding custody? Explain.
Explain the difference between the nexus and the per se harm approaches to resolving custody disputes where parental lifestyle is an issue. Why doesn't the "nexus" standard always ensure that a
How do courts approach custody cases in which one parent is involved in a heterosexual relationship? A same-sex relationship?
How do courts generally approach the issue of religion when it is raised as a positive factor? As a negative factor?
How do courts generally approach cases in which a parent seeking custody has AIDS or is HIV-positive?
Explain the primary caretaker presumption. How does it respond to the concerns about the best interest standard?
Explain the ALI approximation rule. How does it respond to the concerns about the best interest standard?
What is the difference between physical and legal custody? Between sole and joint custody?
What concerns have been raised about joint custody? Under what circumstances is it most likely to be successful?
What is the legal status of a noncustodial parent?
Why will courts generally grant visitation rights to a parent who might not be an appropriate custodial parent?
What are the general approaches to structuring visitation?
What kinds of restrictions might a court impose on a visiting parent?
Discuss the intended functions of parenting plans and parent education programs.
What role might a parenting coordinator play in a divorce case?
What are the two basic approaches that states take with respect to postdivorce relocation disputes?
How have courts taken the possibility of "virtual visitation" into account when faced with relocation decisions?
What concerns are raised by virtual visitation orders in cases where there has been a history of domestic violence?

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