Principles of the Law,

Family Dissolution: Analysis and Recommendations

This work provides a unique review and analysis of divorce and related family-law issues throughout the United States, and describes approaches to problem areas such as child custody, child and spousal support, marital agreements, and unmarried domestic partners.

Chief Reporter:
Ira Mark Ellman, Arizona State University School of Law, Tempe, AZ
Reporters:
Katharine T. Bartlett, Duke University School of Law, Durham, NC
Grace Ganz Blumberg, University of California, Los Angeles School of Law, Los Angeles, CA

Summary of Contents

Chapter 1. Introduction
Topic 1. Summary Overview of Chapters 2-7
Topic 2. Whether Marital Misconduct Should be Considered in Property Allocations and Awards of Compensatory Payments
Topic 3. General Provisions

Chapter 2. The Allocation of Custodial and Decision-Making Responsibility for Children
Topic 1. Scope, Objectives, Definitions, and Parties
Topic 2. Parenting Plan
Topic 3. Factfinding
Topic 4. Modification of Parenting Plan
Topic 5. Allocations of Responsibility to Individuals Other Than Legal Parents
Topic 6. Enforcement of Parenting Plans

Chapter 3. Child Support
Topic 1. Scope and Objectives of the Principles Governing Child Support
Topic 2. Establishing the Amount of a Child-Support Award
Topic 3. Review and Modification of Child Support
Topic 4. Duration of the Child-Support Obligation

Chapter 4. Division of Property Upon Dissolution
Topic 1. Introductory Provisions
Topic 2. Definition and Characterization of Property
Topic 3. Allocation of Property on Dissolution of Marriage

Chapter 5. Compensatory Spousal Payments
Topic 1. Introductory Provisions
Topic 2. Entitlements Based on the Parties’ Disparate Financial Capacity
Topic 3. Entitlements Not Based on the Parties’ Disparate Financial Capacity

Chapter 6. Domestic Partners
Topic 1. Scope and Objectives
Topic 2. Whether Persons are Domestic Partners
Topic 3. Consequences of a Determination that Persons are Domestic Partners

Chapter 7. Agreements
Topic 1. Introductory Provisions
Topic 2. Requirements for an Enforceable Agreement
Topic 3. Rules Concerning Particular Terms
Topic 4. Separation Agreements

Appendix I: Model Provisions Adopting Chapter 3

Appendix II: Model Provisions Adopting Chapter 5

Table of Cases
Table of Statutes

Index

Family Dissolution: Analysis and Recommendations

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