Author Updates

Family Law: Examples & Explanations

Each of these files contains supplementary Examples & Explanations written by Professors Oliphant and Ver Steegh. If you would like to purchase Family Law: Examples & Explanations, Second Edition, please click the Aspen Publishers link below the search bar in the upper left-hand corner of the screen.

Author Updates

Chapter 2, Section 4: Capacity – Age Restrictions
This update in PDF Format contains four new Examples with Explanations problems. The material is intended to broaden a student's understanding of "capacity" and age restrictions on marrying.
Chapter 2, Section 11: Common Law Marriage Defined
This update in PDF format contains four new Examples and Explanations problems that are intended to further one's understanding of the elements of a common law marriage.
Chapter 2, Section 13: Common Law Conflicts of Law
This updated Examples and Explanations problem in PDF format considers the application of the Rule of Lex Loci.
Chapter 2, Section 17: Putative Marriage Doctrine – UMDA
This is a new but very short Example and Explanation problem in PDF format.
Chapter 2, Section 38. State Decisions Regarding Same-Sex Marriage
This is an update in PDF format that provides a summary of recent decisions in Iowa and Maryland regarding whether same-sex couples may marry.
Chapter 2, Section 40 (new) Recognition of Default Divorce Actions
This PDF file contains material releveant to an understanding of how states treat a default divorce action. One should consider reading this material in conjunction with the material in Chapter 24, Section 7, on the divisible divorce.
Chapter 4, Section 12: Adultery (grounds for divorce)
This is an update in PDF format on the law as it relates to adultery with one new Example and Illustration.
Chapter 4, Section 14: Mental Cruelty versus Extreme Mental Cruelty
This PDF formatted update contains additional material regarding the distinction between a claim of mental cruelty and extreme mental cruelty. There is one new Example and Explanation problem.
Chapter 4, Section 16: Constructive Desertion
This PDF format update contains added information regarding the basis for a constructive desertion claim under the common law. It has one new Example and Explanation problem.
Chapter 4, Section 31: Emergence of Modern "No-Fault" Divorce
This additional Example and Explanation in PDF format involves the issues surrounding the typical statutory waiting period found in most no-fault jurisdictions, which is challenged when the parties live sporadically together prior to seeking a divorce.
Chapter 4, Section 32.1 (New) May same-sex couples married in one state use another state's divorce laws?
This section contains background material relating to the legal question of whether one state may recognize the marriage of a same-sex couple in another state when they ask the forum jurisdiction to grant them a divorce. It also contains a new Example and Explanation related to the material.
Chapter 7: Section 17: UCCJEA Emergency Jurisdiction
This update n PDF format contains additional material regarding the UCCJEA and the exercise by a family court of emergency jurisdiction. It contains one Example and Explanation.
Chapter 14, Section 22 (New Section) Religious Marriage Contracts (Dowry)
This is a new section in PDF format and contains a discussion of the law surrounding religious contracts. Specifically, it considers provisions in Islamic marriage contracts that provide for a sum of money to be paid should the couple divorce. The agreement is sometimes reached only hours before the marriage with the families of the parties participating in the amount of money to be paid should the marriage fail. There is one Example and Explanation with this new section.
Chapter 17, Section 16: Sexual Orientation (to adopt)
This updates in PDF format recent caselaw and legislation dealing with the question of whether same-sex couples may adopt.
Chapter 18, Section 9: Known Donors and Unmarried Recipients -- Constitutional Issues
This update, in PDF format, reviews recent constitutional issues related to Artificial Insemination statutes that have been raised in variious jurisdictions.
Chapter 23, Section 18: Collaborative Law
This is an update in PDF format that contains the August 2007 ABA Ethics Committee Opinion #07-447. This opinion supports the use of the collaborative law approach to resolving family law disputes when certain conditions are met.
Chapter 23, Section 19: (New) Section contains links to new ABA
The PDF update contains material and links to the ABA Standards of Practice for Lawyers Representing Victims of Domestic Violence victims.