Saturday, May 11, 2013

Wedding Planning with Divorced Parents

From the New York Times:

For some couples, deciding where to seat narcoleptic Uncle Reginald is the least of their wedding planning worries. Those with divorced parents are assured of having quite a few more hours of anxiety as they engage in additional negotiations with them.

“There are all kinds of minefields, from where does everyone sit to the receiving line,” said the etiquette expert Peggy Post, a director of the Emily Post Institute. “It’s particularly tricky when estranged parents do not want to be in the vicinity of each other.”

Read more here.

MR

May 11, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Friday, May 10, 2013

Same-Sex in Delaware

From Jurist:

Delaware Governor Jack Markell signed a same-sex marriage bill into law on Tuesday, making Delaware the eleventh US state to legalize same-sex marriage, and the second to do so in the past week.

Read more here.

MR

Hat Tip: Angelique Devaux

May 10, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Thursday, May 9, 2013

Persad: "What Marriage Law Can Learn from Citizenship Law (and Vice Versa)"

Govind Persad (University of Pennsylvania) posted "What Marriage Law Can Learn from Citizenship Law (and Vice Versa)," 22 Law & Sexuality (2013), on SSRN.  Here is the abstract:

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 

1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples—have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. 

2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? 

3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I will consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy.

MR

May 9, 2013 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 8, 2013

Fault vs. No-Fault Divorce

From Huffington Post:

"He slept with his secretary." "Except for spending all of my money, she never did a thing for the kids or our marriage." "I'm taking everything, including the kitchen sink!" Emotional reactions like these are extremely common during a divorce. However, they have no place in the divorce proceedings where the need to prove fault has been eliminated, and the conduct of the other party is not a factor considered by the court when granting a divorce, dividing property or entering support orders.

Read more here.

MR

May 8, 2013 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Tuesday, May 7, 2013

Divorce in China

From Time:

Long queues of happy couples waiting to get married might be a common sight in Las Vegas. But lines of happily married couples waiting to get divorced? Only in China.

In major cities across the country last month, thousands of couples rushed to their local divorce registry office to dissolve their marriages in order to benefit from fast-expiring tax breaks on property investments for unmarried individuals. Local media reported long waits at registries in Beijing, Shanghai, Guangzhou and elsewhere as savvy investors sought to buy or sell a second home before the government introduced strict new regulations that would force married homeowners to pay hefty taxes on the sale of second properties.

Read more here.

MR

May 7, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Monday, May 6, 2013

Kids' College After Divorce

From US News:

When Mary Thate and her now ex-husband divorced, she had no idea where her children would go to college. As a couple, they had put aside money for their three children's college education. Early on in the divorce process, they decided to stay in touch and save individually for the collegiate needs of their children.

Saving for college after a divorce is a process of communication. However, the communication is easier if a framework is set up during the divorce settlement, says Mike Fitzgerald, chairman of the College Savings Plans Network.

Read more here.

MR

May 6, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)