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PREFACE
ACKNOWLEDGMENTS
TABLE OF CASES
Chapter 1. Families and Family Law in Contemporary America
Problem 1-1
1. The American Family Today
Notes and Questions
2. The Purposes of Family Law
Linda C. McClain, The Functions of Family Law
Notes and Questions
3. Families and Constitutional Law..
4. An Introduction to Family Law Practice
Chapter 2. Entering Marriage
1. Substantive Requirements for Entry into Marriage.
2. Bigamy Laws and Plural Marriage
3. Incestuous Marriage
4. Minimum Age at Marriage
5. Consent to Marriage
6. Annulment
7. Marriage Formalities
8. Common-Law Marriage
9. The Putative Spouse Doctrine
Chapter 3. Family Roles, Rights, and Obligations
1. Changing Views on the Legal Status of Wives and Women
2. Property Consequences of Marriage
3. Marital Roles and Support Obligations
4. Other Rights and Consequences of Marriage
5. Federal Laws Shaping Marriage and the Family
Chapter 4. Nonmarital Partners
1. Intent (Contract-Based Claims)
2. Status-Based Property Rights
3. Other Incidents of Nonmarital Cohabitation
4. Domestic Partnerships, Civil Unions, and Other Legal Statuses
Chapter 5. Establishing Parenthood
1. Marriage and Biology
2. Beyond Marriage and Biology
Chapter 6. Adoption
1. Historical Background and the Contemporary Landscape
2. The Adoption Process
3. Issues in Contemporary Adoption Law and Policy
4. The Aftermath of Adoption
Chapter 7. Intimate Partner Violence and Family Torts
1. Intimate Partner Violence
2. Tort Law
Chapter 8. Divorce
1. Introduction
Notes and Questions
2. Divorce in Historical Context
3. Contemporary Grounds for Divorce
4. Fault-Based Divorce
5. No-Fault Divorce
6. Questioning No-Fault Divorce
7. Legal Separation
8. Ethical Issues in Divorce
9. Divorce Jurisdiction
Chapter 9. Division of Marital Property at Dissolution
1. Property Regimes Governing Dissolution
2. Characterization and Treatment of Separate Assets
3. The Contributions of Homemakers
4. The New Property and Its Common Forms
5. Valuation, Distribution, and Enforcement.
6. What Distribution Is Equitable?
7. Debts and Bankruptcy
8. Have We Achieved Equity?
Chapter 10. Spousal Support
1. Overview
2. Justifications for Spousal Support
3. How Should Courts Award Spousal Support?
4. Modification and Termination of Alimony
5. Tax Consequences of Alimony
6. Personal Jurisdiction Requirement for Spousal Support and
Property Distribution
Chapter 11. Child Support
1. Introduction
2. The Nature of the Child Support Obligation
3. The Adoption of Child Support Guidelines
4. Calculating Support Under the Guidelines
5. Modification of Child Support Orders
6. Child Support Enforcement
Chapter 12. Child Custody
1. Introduction
2. Constitutional Considerations
3. Evolution of Standards Governing Child Custody
4. Factors in Determining Best Interests
5. Shared Parenting
Chapter 13. Visitation and Post-Dissolution Custody Disputes
1. Disputes About Major Childrearing Decisions
2. Visitation
3. Modification of Custody or Visitation Orders
4. Child Custody Jurisdiction
5. Parents Who Kidnap Their Own Children
Chapter 14. Alternative Dispute Resolution
1. Negotiation
2. Mediation
3. Arbitration
4. Collaborative Family Law
Chapter 15. Private Ordering in Marriage and Divorce:
Premarital, Postnuptial, and Separation Agreements
1. Marriage?Contract or Status?
2. Premarital Agreements
3. Postnuptial Agreements
4. Separation Agreements
Index

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