FAMILY LAW-JA - Family Law 2 I The Nature of Marriage and...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Family Law .......................................................................................................................... 2 I. The Nature of Marriage and Family ............................................................................. 2 A. Historical Background ............................................................................................ 2 B. Contract and/or Status ............................................................................................. 5 C. Government Regulation of Marriage and Other Intimate Relationships ................ 6 D. Void Voidable Distinction .................................................................................... 10 E. Promises, Gifts, License and Ceremony ................................................................ 11 F. Common Law Marriage ......................................................................................... 13 G. Contemporary Tendencies .................................................................................... 15 H. Rights and Duties in the Family ............................................................................ 18 I. Crimes Between Spouses ........................................................................................ 21 II. Marriage Dissolution and its Financial Consequences ............................................. 26 A. Divorce Common Law – Divorce could only be granted by decree of the legislature, then revisions were made allowing for divorce based on adultery, and some other states had mutual agreement divorce. § 170 NYDRL: An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds: Fault Grounds: (1) Cruel and inhumane treatment – Such that it endangers the physical or mental well being so that cohabitation is unsafe or improper. (2) Abandonment for a period of one or more years (3) The confinement of in prison for three or more years (4) Adultery No Fault Grounds: (5) Husband and Wife have lived apart pursuant to a decree or judgment of separation for more a period of one or more years. [prop. bill 6 months] (6) The parties have lived a part pursuant to a written agreement for a period of one or more years and the written agreement has been filed with the office of the county clerk where one of the parties reside. ......................................................................... 26 B. Separation .............................................................................................................. 29 C. Jurisdiction ............................................................................................................ 30 D. Permanent and Rehabilitative Alimony ................................................................ 33 E. Equitable Distribution .......................................................................................... 35 III. Parent Child and the State ........................................................................................ 43 A. Establishing Parentage .......................................................................................... 43 B. Parental Rights and Responsibilities ..................................................................... 48 C. Custody .................................................................................................................. 49 D. Termination of Parental Rights ............................................................................. 53 1
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Family Law Professor Coughlin By: Jeffrey J. Amato I. The Nature of Marriage and Family A. Historical Background 1. Roman Law Patria Potestas – The man had complete power (even life and death) over everyone else in the family (extended) unit, usually the eldest male, only person recognized by law. Roman Ethics and virtue mitigated the vast power of the patria potestas. He was to be the model citizen by treating those in the family with respect and dignity. Marriages were arranged without choice or previous meeting. Love in the marriage developed over time into a strong bond. This concept continued into modern era, but had a substantial change with the coming of Christianity Marriage Manus (hand) – The wife was placed in the hand of the husband. Marriage took place in three ways: Spelt – Wheat was exchanged between the two patria potestas, indicating that manus had developed. Purchase – Patria potestas would buy a wife for his son. Today this has developed into dowery. Uses – Common law marriage, no ceremony, but rather the man and the women cohabitated together for one 2
Image of page 2
year. The twelve tablets made a provision voiding uses if the women went back to her patria potestas for three nights during the year before uses vested.
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern