Family Law Prof Blog

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

Thursday, May 11, 2017

Couples Divorcing Over Political Disagreements

From Fox Business:

It’s not just Republicans and Democrats bickering it out lately. According to a new study and divorce attorneys, couples are also feuding over politics — especially President Trump — with many of them breaking up and even heading to divorce court.

New data from Wakefield Research, an Arlington, Virginia-based polling firm, one in 10 couples (married or unmarried) ended their relationships over political disagreements, with millennials parting ways at a particularly high rate of 22%.

Read more here.

May 11, 2017 | Permalink | Comments (1)

Wednesday, May 10, 2017

Age Differences in Marriage & Gender

From the Washington Post:

Emmanuel Macron, the front-runner in Sunday’s French presidential election, shares something with President Trump: a 24-year age gap with his wife. The difference is that Macron’s wife is the older one.

That cliche-busting fact — a candidate young enough to be his wife’s son, rather than old enough to be her father — is a little social “revenge” that delights many French women, including Martine Bergossi.

“Why can’t we marry younger men? I date them all the time,” said Bergossi, the stylish owner of Alternatives, a secondhand-couture shop in Paris, who prefers to leave her exact age to the imagination.

“It’s normal to see men with younger women,” she said. “So it’s rather great to see the opposite.”

Read more here.

May 10, 2017 | Permalink | Comments (1)

Tuesday, May 9, 2017

Married Without Licence Filed

From BNA:

Husband Who Wasn't Gets Lesson in Frivolity
A priest and a rabbi marry a couple in California, but they never file the marriage license. There's no punchline, just a frivolous suit filed in Chicago, resulting in a frivolous appeal, the Seventh Circuit held (Arnold v. Villarreal, 2017 BL 113897, 7th Cir., No. 14-3204, 4/6/17).

Read the case here.

May 9, 2017 | Permalink | Comments (0)

Monday, May 8, 2017

Child Marriage

From CBS News:

It's a moment of "unprecedented attention" for child marriage around the world. Those words come from a 2016 Human Rights Watch report, which estimated that one in three girls in the developing world marries before the age of 18. The topic has slowly moved to the front burner of the global development agenda, and the United Nations has set a goal of eliminating child marriage by the year 2030. 

But as the issue of child marriage gains visibility around the world, many Americans remain unaware of the problem in their own backyards, activist Fraidy Reiss told CBS News. 

"We cannot solve the child marriage problem globally if we don't first solve it here in the United States," said Reiss, the founder and executive director of the organization Unchained at Last.

Read more here.

May 8, 2017 | Permalink | Comments (1)

Sunday, May 7, 2017

Under NY Law, Insurance Companies Now Required To Cover Fertility Treatments For All Women

From CBS New York:

Under New York law, insurance companies are now responsible to provide coverage for fertility treatment to all women regardless of sexual orientation or marital status, Gov. Andrew M. Cuomo announced Wednesday.

Prior to the announcement, coverage only included women trying to conceive naturally.

“In New York, we firmly believe that everyone, no matter who they are, deserves the right to control their own bodies and make their own reproductive health decisions,” Cuomo said. “All women who wish to have a child are entitled to insurance coverage for fertility treatment regardless of their sexual orientation or marital status, just as all women have the right to reproductive choice and to decide if and when to start a family, and New York will always stand up to protect and preserve those rights.”

Read more here

May 7, 2017 in Alternative Reproduction | Permalink | Comments (0)

Saturday, May 6, 2017

Judge Shreds Wisconsin Law on Unborn Child Abuse

From Courthouse News Service:

Siding with a woman who spent weeks in jail after she was accused of abusing her unborn child, a federal judge struck down a Wisconsin law that purports to address pregnant women with “habitual lack of self-control.”

Passed in 1997,  Act 292 allowed the state to treat fetuses as children in need of protection or state services if their mothers demonstrate problems with drug or alcohol abuse.

Finding the law unconstitutionally vague on April 27, U.S. District Judge James Peterson rejected Wisconsin’s claims that the statute is merely written in plain English, eschewing “technical words and phrases.”

“The state’s dictionary-definition approach is a festival of circularity, in which the statutory terms are simply replaced with synonyms that add no real meaning,” the 40-page opinion states.

Read more here.

May 6, 2017 in Child Abuse | Permalink | Comments (0)

Friday, May 5, 2017

Warnings issued as firearms permit bill signed into law

From Chicago Tribune:

A controversial new law that allows domestic violence victims to carry a gun without a permit will create greater risk for police and provide a false sense of security for victims, detractors say.

House Bill 1071 passed the Senate 38-12, after the House voted 74-26 in favor of it. Gov. Eric Holcomb signed the bill into law last week.

The bill would enable domestic violence victims to carry a handgun, if they have an active protective order against their alleged abuser, without a permit for 60 days.

Sen. Aaron Freeman, R-Indianapolis, who sponsored the bill, said this legislation will lend victims an extra measure of protection.

Read more here.

May 5, 2017 in Domestic Violence | Permalink | Comments (0)

Thursday, May 4, 2017

Louisiana Proposes Bill to Chop Divorce 'Cooling-Off' Period

From The Advocate:

Louisiana has sought for decades to stem the tide of the so-called divorce epidemic, from enacting the nation's first "covenant marriage" laws to requiring couples to undergo a lengthy "cooling-off" period before officially calling it quits.   

Even the most conservative lawmakers acknowledge that some marriages cannot — and perhaps should not — be saved. But they insist the state has a vested interest in limiting the prevalence of divorce, particularly when children are involved, given the host of societal ills associated with broken homes.

"Many people think it's not the government's business whether you're married or not," said Michelle Ghetti, a professor at the Southern University Law Center. "I would argue that, given the interest the government has in the economy, incarceration and education, it is most certainly the government's business, especially if we're paying taxes for it."

Read more here.

May 4, 2017 in Divorce (grounds) | Permalink | Comments (0)

Wednesday, May 3, 2017

Legal Fight Could Make Kentucky The Only State With No Abortion Clinic

From The New York Times:

As states across the nation enact increasingly aggressive restrictions on abortion, perhaps nowhere has the political climate shifted as much as here in Kentucky, where the E.M.W. Women's Surgical Center, a squat tan brick building on Market Street, is the state's sole abortion clinic.

Over the past year, Gov. Matt Bevin, a Republican who calls himself "unapologetically pro-life," has blocked a new Planned Parenthood clinic from performing abortions, shuttered E.M.W.'s satellite clinic in Lexington and threatened to close the existing one in Louisville. Backed by the American Civil Liberties Union, the clinic has sued the state; a trail is set for September. 

The governor's forceful moves have rattled reproductive rights advocates, made him a hero among abortion opponents and prompted both sides in the debate to ask a question: Could Kentucky become America's only state to lack a single abortion clinic?

Read more here

May 3, 2017 in Abortion | Permalink | Comments (0)

Tuesday, May 2, 2017

Amended gay marriage bill approved in Nevada Senate

From Las Vegas Journal-Review:

The Nevada Senate on Monday approved a proposed constitutional amendment recognizing same-sex marriage, a preemptive move to protect gay marriage should the U.S. Supreme Court overturn its previous ruling.

Assembly Joint Resolution 2 passed 19-2 after it was amended to include an exemption stipulating religious organizations and clergy could not be forced to solemnize gay marriages.

Republican Sens. Joe Hardy of Boulder City and Don Gustavson of Sparks voted no.

It now goes back to the Assembly to concur with the Senate’s amendment. It was approved earlier in the Assembly 27-14, with Republican Lisa Krasner of Reno in support. The resolution would have to be approved by the Legislature again in 2019 before it is sent to voters for ratification in 2020.

Read more here

May 2, 2017 in Marriage (impediments) | Permalink | Comments (0)

Monday, May 1, 2017

Kentucky Judge Won't Hear Gay Adoption Cases

From The Washington Post:

Two years after a Kentucky county clerk stirred national attention for refusing to issue marriage licenses to same-sex couples, a family court judge in the same state announced he will no longer hear adoption cases involving gay parents, calling his stance on the issue “a matter of conscience.”

Judge W. Mitchell Nance, who sits in Barren and Metcalfe counties in Kentucky, issued an order Thursday saying he believes that allowing a “practicing homosexual” to adopt would “under no circumstance” promote the best interest of the child, he wrote in the order obtained by The Washington Post.

The judge disqualified himself from any adoption cases involving gay couples, citing judicial ethics codes requiring that judges recuse themselves whenever they have a “personal bias or prejudice” concerning a case. Nance’s “conscientious objection” to the concept of gay parents adopting children constitutes such a bias, he argued.

Read more here.

May 1, 2017 in Adoption | Permalink | Comments (0)