Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, January 14, 2012

Modern Common Law Marriage

From the Huffington Post:

When live-in lovers decide to call it quits, the parties' relationship is not always severed by a simple division of their furniture. If romantic partners have been cohabitating for a lengthy period of time and have commingled their assets and debts, their break-up in any jurisdiction may quickly give rise to disputes about the division of home equity, bank accounts and/or the payment of credit cards and other debts. However, when cohabitating parties end their relationship in a state which recognizes common law marriage, broken hearts are sometimes followed by a legal dispute which goes to the very heart of the matter. In divorce court, the parties' case begins with their conflicting responses to the critical question, "Are you married?"

Common law marriage is fully recognized in nine states and the District of Columbia. In seven additional states, common law marriage is only recognized for limited purposes or if the marriage arose prior to a certain date.

Read more here.


January 14, 2012 in Marriage (impediments) | Permalink | Comments (1) | TrackBack (0)

Friday, January 13, 2012

Wedding Dress Theft


TULSA - Up to $70,000 worth of merchandise is stolen from a bridal shop in South Tulsa. Police believe the job was professionally done.

Bridal Palace was broken into early Tuesday morning. Thieves cut out the glass on the back door to enter. Detectives believe it took up to three hours to complete the job. 

The theft leaves soon to be brides and their bridesmaids without anything to wear.


Read more here.


January 13, 2012 in Current Affairs | Permalink | Comments (3) | TrackBack (0)

Thursday, January 12, 2012

Divorce Bestsellers

The Huffington Post has a list of bestselling movies/books with a divorce featured in the plot.  Read it here.


January 12, 2012 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Wednesday, January 11, 2012

Indians Turning to Surrogacy Too?

Are Indians turning to surrogacy themselves after becoming an international fertility tourist destination?  From IBNLive:

New Delhi: Aamir Khan and Kiran Rao are among the first celebrities to talk about it openly, but how many Indians are turning to surrogacy? Or even know about the possibilities of IVF? It's a pressing issue given that 30 million couples in India struggle with infertility.


At this point, India doesn't have a law governing IVF or surrogacy but there is a draft bill in the works that aims to protect the rights of surrogates, and regulate the assisted reproduction industry in India estimated to be worth more than Rs 25,000 crore. That's even as a debate is raging worldwide.

Read more here.


January 11, 2012 in Alternative Reproduction | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 10, 2012

British "HP Divorces"

From the UK Financial Times:
People have long spread the pain of buying fridges, televisions and cars by paying in instalments. Now, many are bringing the same principle to the cost of divorce.

The number of cases ending in staggered payments rather than one-off settlements has risen by 50 per cent since 2008, when the financial crisis first began biting, according to Pannone, a Manchester-based law firm.

The practice has been dubbed “HP divorce” after the hire purchase agreements typically used to buy expensive consumer goods. Increased economic turbulence, job insecurity and the drying up of credit has fuelled growth in the phenomenon.

Read more here.


January 10, 2012 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Monday, January 9, 2012

Cahn's Review of Hartog's "Someday All This Will be Yours: A History of Inheritance and Old Age"

Over at Concurring Opinions, Naomi Cahn of George Washington University Law School recently reviewed Hendrik Hartog's "Someday All This Will be Yours: A History of Inheritance and Old Age" (Harvard University Press 2012).  Cahn wrote:

The book touches upon family law, trusts and estates, property, contract, commodification, and (of course) the role of legal history, and  it pulls these together  with wonderful complexity and intertwined themes.   It also should speak to many people on a personal level, whether they feel “’trapped’” into caring for elderly family members, well-compensated for providing this care, or simply honored to do so.

Read more here.



January 9, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Sunday, January 8, 2012

Levi: "Marriage Equality for Same-Sex Couples: Where We Are and Where We Are Going"

Jennifer Levi (Western New England Univ. School of Law) has posted "Marriage Equality for Same-Sex Couples: Where We Are and Where We Are Going" on SSRN. Here is the abstract:

The legal landscape for same-sex couples seeking to marry has shifted dramatically over the last five years. On October 10, 2008, the Connecticut Supreme Court became the third state high court to rule that its state constitution could not sustain a statutory framework that excludes same-sex couples from marrying, following the Massachusetts Supreme Judicial Court on November 18, 2003, and the California Supreme Court on May 15, 2008. Same-sex couples throughout the country have gotten married in Connecticut, Massachusetts, California, and in other countries throughout the world that provide full marriage equality, including in Canada. The Author discusses the developments in same-sex marriage in various jurisdictions.


January 8, 2012 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)