Family Law Prof Blog

Dangerous Divorces

From Time:

Of the almost 700,000 divorces in the United States each year, 70% of them are initiated by women. In 2021, one of us (Rebecca) became one of those women when she sought a divorce in her home state of North Carolina. But she was surprised to learn that before she could even file, she needed to wait a full year first, as North Carolina is one of a handful of states that mandates a separation period before couples are allowed to file for divorce. Although she was sure of her decision, Rebecca couldn’t do anything but count down the days on the required clock—and stay legally married.

As a former state policy advisor and an investigative journalist, we teamed up to better understand the requirements that can prevent people from leaving unhappy marriages. Together, we researched state-by-state divorce policies and interviewed leaders in advocacy and law in an effort to make information more accessible in what is an intentionally complicated system. What we found was striking: Divorce in the U.S. is governed by an arbitrary constellation of policies that impede the freedom to end a marriage and have a disproportionately harmful impact on women. And as confusing and inconvenient as these laws were for Rebecca, the impact they can have on women in financially unstable or violent relationships is nothing short of devastating. Policies that make people wait to get divorced are paternalistic at best, and dangerous at worst.

Read more here.

Divorce Announcement

From the satirical McSweeneys:

With a heavy heart, I must announce something profoundly personal and painfully private to my 900,000 followers.

Over the past few weeks, many of you have been asking: “Where is John?” “Why isn’t John in any of your pics anymore?” and “Where did you get that gorgeous floral crop top?”

Well, John and I are getting a divorce. And the top is from Bougie Barn. (Use promo code DIVORCE to get 30 percent off your next purchase.) #BougieBarnPartner.

Our decision to split was not made lightly. John and I spent hours wondering how this would affect our beautiful children and my future content. We asked ourselves tough and critical questions to ensure ending our relationship felt right, like: “How will we co-parent?” and “Should our divorce reveal be a YouTube video, a TikTok, or a hurried Notes app screenshot?”

I know what you’re thinking: “You guys seemed so happy.” Well, that’s because I Facetune smiles on John’s face.

John has always been an integral part of my life and my social media feed, but the time has come for me to choose ME. (Be the first to get your hands on I CHOOSE ME merch via the link in my bio.)

Read more here.

Call for Papers--Roundtable on Nonmarriage and the Law

Roundtable on Nonmarriage and the Law

Rutgers Law School - Newark

September 28-29, 2023

Call for Papers

Abstract Submission Deadline: June 5, 2023

Rutgers Law School - Newark will host the Fifth Nonmarriage and the Law Roundtable, a conference exploring interdisciplinary issues surrounding relationships and statuses outside of monogamous marriage, on September 28-29, 2023.

Over 19 million adults are nonmarital cohabitants. Other adults are “living apart together”—in committed relationships but living under separate roofs—or are in nonmarital relationships marked by some measure of intimacy or dependency.  An increasing number of people are forming their own “families by choice” or are single by choice. Legal and law reform responses to these situations vary, and scholars from multiple disciplines are studying different approaches to these developments.

This Roundtable will bring together scholars in law; sociology; economics; social work; women, gender & sexuality studies; critical race theory; and related fields. Papers might address topics including the following:
● Economic rights of nonmarital partners and single individuals, whether at separation or death
● Implications of legal regulation across different demographic categories, including race, gender, class, and sexual orientation
● The design of regulatory responses to families-of-choice and single people
● The relationship between marriage and nonmarital statuses
● Constitutional issues relating to nonmarriage
● Nonmarriage, parenthood, and childrearing
● The demography and sociology of nonmarital relationships, including the impact of the COVID pandemic
● The international and comparative law of nonmarriage
● The pedagogy of teaching about nonmarriage.

The Roundtable will consist of approximately 4-5 panels over the course of one day, with dinner on the evening of the 28th, and the Roundtable to take place on the 29th.  Participants will attend the full day and will be asked to read approximately 6-8 papers.  The event will conclude with a dinner.

To apply, please submit an abstract of no more than 500 words, as well as a CV, using this form by June 5, 2023.

Submissions will be vetted by the organizing committee. Selection will be based on the originality of the abstract as well as its capacity to engage with the other papers in a collaborative dialogue. We are working with journals to arrange publication opportunities.  If you are interested in publishing a paper (5,000-15,000 words) as part of this process, please indicate your interest when you submit your abstract. Participants will be notified by the beginning of July 2023. Drafts for distribution at the Roundtable of no more than 7,500 words will be due on September 15, 2023.

Rutgers Law School may be able to allocate limited funds to help cover reasonable travel costs and accommodation for selected participants. If you need financial assistance to attend, please specify in the form your city of departure and estimated travel costs.

We look forward to your submissions and participation. Questions can be directed to the
[email protected] address or the organizing committee members.

Anibal Rosario Lebrón
Assistant Professor of Law
Rutgers Law School - Newark
[email protected]

Albertina Antognini
James E. Rogers Professor of Law
University of Arizona
James E. Rogers College of Law
[email protected]

Naomi Cahn
Justice Anthony M. Kennedy Distinguished Professor of Law
Nancy L. Buc ’69 Research Professor in Democracy and Equity
University of Virginia School of Law
[email protected]

Kaiponanea Matsumura
Professor of Law
Loyola Law School, Los Angeles
[email protected]

Amanda Miller
Professor of Sociology
University of Indianapolis
[email protected]