Family Law The Essentials 3rd Edition by William Statsky – Ebook PDF Instant Download/Delivery: 1285420594 , 978-1285420592
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ISBN 10: 1285420594
ISBN 13: 978-1285420592
Author: William Statsky
FAMILY LAW: THE ESSENTIALS, Third Edition, provides a concise, accurate introduction to key legal concepts and practical paralegal skills, along with excerpts from real-world cases, forms and checklists you can apply on the job, and tips and techniques for professional success. The Third Edition includes new and updated material on current trends and topics in this dynamic field, including legal ethics, technology, domestic violence, fertility and reproductive science, stem cell research, adoption, domestic partnerships, same-sex marriage, and changing definitions of family. Supported by a full range of available learning supplements, this trusted guide is an ideal resource for formal courses or self-study, and a reliable reference for practicing paralegals.
Family Law The Essentials 3rd Table of contents:
Chapter 1. Introduction to Family Law and Practice
Family Law in the Twenty-First Century
Equality of the Sexes: The Struggle Continues
Increased Federalization of Family Law
Contract Dimension of Family Law
Science and Law
Deregulation of Sexuality
The New Terminology of Family Law
Scope of Family Law
Overview of Constitutional Law
Introduction
Challenging State Government Action as a Violation of the Fourteenth Amendment
Challenging Federal Government Action as a Violation of the Fifth Amendment
Challenging State Government Action as a Violation of the State Constitution
Practicing Family Law in the age of Electronic Exhibitionism
Paralegal Roles in Family Law Cases
Other Family Law Roles
Freelancers in Family Law
Government Paralegal
Court Appointed Special Advocate (CASA)
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 2. Premarital, Postnuptial, and Cohabitation Agreements
Kinds of Agreements
Premarital Agreements
Introduction
What Can and Cannot Be Included
Valid Contract
Financial Disclosure
Fairness and Unconscionability
Independent Counsel
Do Not Sign the Agreement!
Drafting Guidelines
Same Sex Partners
Example of a Premarital Agreement
Postnuptial Agreements
Cohabitation Agreements
Consideration
Marvin v. Marvin
Express Contract
Implied in Fact Contract
Implied in Law Contract (Quasi Contract)
Constructive Trust
Partnership
Joint Venture
Example of a Cohabitation Agreement
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 3. Traditional Marriage and Alternatives
Legal Issues Prior to Marriage
Breach of Promise to Marry
Inducing a Breach of Promise to Marry
Fraud
Intentional Infliction of Emotional Distress
Gifts
Restraint of Marriage
Introduction to Marriage
Am I Married? How the Marriage Issue Is Raised
Ceremonial and Common Law Marriages
Ceremonial Marriage
Technical/Procedural Requirements
Violating Technical/Procedural Requirements
Surnames
Proxy Marriage
Posthumous Marriage
Same-Sex Marriage (SSM)
Marriage Alternatives: Civil Unions and Domestic Partnerships
Defense of Marriage Act (DOMA): Section 2
SSM and the Constitution: General Principles
Recognition of SSM under State Constitutions
Is There a Rational Basis to Ban SSM?
Recognition of SSM under the U.S. Constitution
Transsexuals
Adult Adoption
Covenant Marriage
Common Law Marriage
Introduction
Conflict of Laws
Impediment Removal
Putative Marriage
Marriage by Estoppel
De Facto Marriage
The Struggle to Find a Remedy
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 4. Annulment
Annulment, Divorce, and Legal Separation
Effective Date of the Annulment
The Void–Voidable Distinction
Grounds
Necessity of a Court Decision
Annulment Action after Death
Ratification
Conflict of Laws
Who can SUE?
Overview of Grounds for Annulment
Grounds Relating to the Capacity to Marry
Gender
Prior Existing Marriage (Bigamy)
Consanguinity and Affinity Limitations
Nonage
Physical Disability
Grounds Relating to the Intent to Marry
Sham Marriages
Mental Disability
Duress
Fraud
Violation of Technical/Procedural Requirements
Church Annulment
Conflict of Laws
Conflict of Laws Rule in Annulment Actions
Marriage Evasion Statutes
Consequences of an Annulment Decree
Legitimacy of Children
Custody and Child Support
Alimony and Property Division
Problems of Revival
Inheritance
Workers’ Compensation Benefits
Criminal Bigamy
Interspousal Immunity in Tort Actions
Marital Communications Privilege
Income Tax Status
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 5. Divorce Grounds and Procedure
No-Fault Grounds for Divorce
Living Apart
Incompatibility
Irreconcilable Differences
Fault Grounds for Divorce
Adultery
Cruelty
Desertion
Other Grounds
Defenses to the Fault Grounds
Legal Separation
Separate Maintenance
Introduction to Divorce Procedure
Domicile
Full Faith and Credit (FFC)
Divisible Divorce
Jurisdiction
Kinds of Jurisdiction
Person Attacking the Divorce Judgment
Direct Attack; Collateral Attack
Jurisdictional Analysis: Examples
Custody Jurisdiction
Venue
Summary Dissolution
Pretrial Matters
Notice and Opportunity to Be Heard
Representation
Guardian Ad Litem (GAL)
Pleadings
Default Judgment; Default Divorce
Pretrial Conferences
Waiting Period
Discovery
Inventory of Assets and Liabilities
Preliminary Orders
Trial
Alternative Dispute Resolution (ADR)
Arbitration
Mediation
Med-Arb
Private Judging
Neutral Evaluation
Collaborative Law
Divorce Judgment
Enforcement of Divorce Judgment
Civil Contempt
Execution
Garnishment
Attachment
Receivership
Constructive Trust
Religion and Divorce Procedure
Religious Divorces
Religious Traditions in Civil Court
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 6. Spousal Support, Property Division, and the Separation Agreement
Separation Agreements and Litigation
Effective Separation Agreements
Checklists for the Preparation of a Separation Agreement
Data on Individuals
Financial Checklists
Checklists for Individual Clauses
Preliminary Considerations
Public Policy and Collusion
Capacity to Contract
Mutual Disclosure, Fraud, and Duress
Unconscionability, Overreaching, and Living with a Bad Bargain
Separate Counsel
Consideration
Alimony Payments and Property Division: A Summary
Distinguishing Between Alimony and Property Division
Labels Used in the Agreement
Alimony
Introduction
Criteria for Awarding Alimony
Rehabilitative Alimony
Reimbursement Alimony
Opportunity Loss
Payor’s ability to Pay
Marital Fault
Negotiating Alimony
Modification of Alimony
Enforcing the Alimony Obligation
Effect of Bankruptcy
Necessaries and Spousal Refusal
Necessaries
Spousal Refusal
Property Division
Locating Property to Divide and Financial Infidelity
Separation Agreement
Real and Personal Property; Tangible and Intangible Property
Gifts, Bequests, Devises, and Intestate Succession
Time of Acquisition
Sole Ownership and Concurrent Ownership
Separate Property
Introduction to Common Law Property and Community Property
Cutoff Date
Transmutation
Property Division in Common Law States and Community Property Law States
Equitable Distribution Factors
Modification of Property Division
Marital Fault and Economic Fault
Appreciation
Commingling
Practical Considerations in Property Division
Pensions, Degrees/Licenses, Businesses, and Goodwill
Miscellaneous Property Division Problems
Other Matters to be Resolved
Debts
Taxes
Wills
Elective Share
Insurance
Legal Expenses
Nonmolestation
Mutual Mistake
Arbitration and Mediation
Reconciliation
Computer Help
Example of A Separation Agreement
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 7. Child Custody
Kinds of Custody
Separation Agreement
Reaching a Mutually Acceptable Custody Decision
Joint Physical Custody and Joint Legal Custody
Court Guidelines for Parents
Contested Custody
Parent Versus Parent
Court Discretion
Parenting Plan
Stability
Attitude on Visitation
Availability
Emotional Ties
Parental Alienation Syndrome
Career Choice
Wealth
Legal Preferences
Morality and Lifestyle: The Nexus Test
Domestic Violence
Religion
Race
Wishes of the Child
Expert Witnesses
Rape Conceived Children
Visitation (Parenting Time)
Introduction
Negotiating Visitation
Visitation Software
Relocation: The Move Away Case
Virtual Visitation
Third Party Visitation and the Troxel Case
Supervised Visitation
Cohabitation
Shared Custody and Coparenting
Enforcing the Right to Visitation
Biological Parent Versus Psychological Parent
Changing the Child’s Surname
Modification by the State that Issued the Order
Interstate Modification
Introduction
Uniform Child Custody Jurisdiction and Enforcement Act
Parental Kidnapping Prevention Act
Children Abroad
Embryos
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 8. Child Support
Who Must Pay?
Parents
Adoptive Parents
Grandparents
Stepparents
Coparents
Sperm Donors
For How Long?
Emancipation
College
Disability
Support before Birth?
Separation Agreement
How Much?
Child Support Guidelines
Three Pony Rule
Second Family
Imputed Income
Enforcement of Child Support Orders
IV-D Agency
Locating Missing Parents
New Hire Reporting
Paternity
Enforcement Options
Attorney Representation
Criminal Contempt and Criminal Nonsupport Cases
Civil Contempt
Domestic Violence (DV)
Jurisdiction
Jurisdiction over a Resident Parent
Jurisdiction over a Nonresident Parent
Modification of Child Support Orders
Changed Circumstances
Twenty Percent Rule
Second Family
Fraud
Arrearages
Child Support or Property Division?
Modifying Out-of-State Orders
Improper Enforcement
Necessaries
Bankruptcy
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 9. Tax Consequences of Separation and Divorce
The Role of Tax Law in the Bargaining Process
Alimony
Deductible Alimony: The Seven Tests
The Recapture Rule: Front Loading Payments to Disguise Property Division as Alimony
Property Division
Tax Consequences of a Property Division
Incident to a Divorce
Legal and Related Fees in Obtaining a Divorce
Innocent Spouse Relief
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 10. The Legal Rights of Women
The Status of Women at Common Law
Contracts and Conveyances
Married Women’s Property Acts
Equitable Distribution
Dower, Curtesy, and Elective Share
Surname Change
Credit
Employment
Bona Fide Occupational Qualification (BFOQ)
Interview Questions
Compensation
Pregnancy
Expressing Breast Milk
Family and Medical Leave
Sexual Harassment
Sexual Harassment and Governor Clinton
Enforcement
Sexuality and Reproductive Rights
Contraception
Sterilization
Abortion
Fetal Homicide
Violence Against Women
Mandatory Arrest; Mandatory Prosecution
Right of Confrontation
Primary Aggressor Law
Battered Woman Syndrome
Marital Rape
Pro Bono Assistance
Client Sensitivity
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 11. Illegitimacy and Paternity
Illegitimacy
Introduction
Nonmarital Children as a Quasi-Suspect Class
Inheritance
Interpretation of a Will
Support
Wrongful Death
Workers’ Compensation
Social Security
Immigration
Artificial Insemination (AI)
Husband and Wife Using AI
Others Using AI
Sperm Donors
Accidental Incest
Legitimation
Paternity
Introduction
Paternity Proceedings
Representation
Personal Jurisdiction over Putative Father
Lord Mansfield’s Rule
Presumption of Legitimacy
Presumption of Paternity
Conflicting Presumptions of Paternity
Evidence of Paternity
Third Parties Seeking to Prove Paternity
Paternity by Estoppel
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 12. The Legal Status of Children
Age of Majority and Emancipation
Operation of Law
Court Procedure
Emancipation and Minimum Age Requirements
Contracts
Property and Earnings
Domicile
Estates
Education
Compulsory Education
Corporal Punishment
Constitutional Rights
Suspension and Expulsion
Child Abuse and Neglect
Introduction
Definitions
Parens Patriae
Mandatory Reporting
Jurisdictional Stage and Dispositional Stage
Delinquency
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 13. Adoption
Introduction
Terminology
Second Parent Adoption
Statistics
Categories of Adoption
Adoption Abuse
Who May Be Adopted?
Who May Adopt?
Factors Considered
Gays and Lesbians
Adoption Procedure
Jurisdiction and Venue
Petition
Notice
Consent
Involuntary Termination of Parental Rights
Standing: Can Children Divorce Their Parents?
Interlocutory Decree
Challenges to the Adoption Decree
Baby Richard
Baby Jessica
Putative Father Registry
Interstate Compact on the Placement of Children
Consequences Of Adoption
Confidentiality
Equitable Adoption
Embryo “Adoption”?
Wrongful Adoption
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 14. The New Science of Motherhood
Infertility and Its Treatment
Infertility
In Vitro Fertilization (IVF)
Other ART Methods
The Status of Frozen Embryos
Disputes over Disposition of Embryos
The Octomom and the Scrambled Eggs Case
Posthumous Reproduction
Stem Cell Research
Surrogacy
Introduction
Surrogacy Contracts
Who Is the Legal Mother?
Summary.
Key Terms.
Review Questions.
Helpful Websites
Chapter 15. Torts and Family Law
Intrafamily Torts and Immunity
Sexual Torts
Tort Claims Brought within a Divorce Action
Prenatal Torts
Wrongful Life, Birth, and Pregnancy
Wrongful Adoption
Consortium, Services, and Earnings
Loss of Consortium (Spousal Consortium)
Parental Consortium and Filial Consortium
Loss of Services; Loss of Earnings
Heart-Balm Actions
Alienation of Affections
Criminal Conversation
Enticement of a Spouse
Abduction or Enticement of a Child (Tortious Interference with Custody; Tortious Interference with Parental Relationships)
Seduction
Vicarious Liability and Independent Liability
Vicarious Liability
Independent Liability
Intrafamily Crimes
Summary.
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