Law School Family Law Lecture 2 (of 3) (Part 2): Divorce and Separation
This lecture comprehensively surveys the legal aspects of divorce and separation, beginning with the historical shift from fault-based to predominantly no-fault grounds for dissolving a marriage. It examines the various forms of spousal support, including rehabilitative and permanent alimony, and how property is divided using either community property or equitable distribution principles. The lecture further details the calculation and modification of child support obligations, often guided by state-specific income-sharing models. Finally, it addresses the Uniform Interstate Family Support Act's role in ensuring consistent enforcement of support orders across state lines and the circumstances under which existing support orders can be altered due to significant life changes.
Key Concepts and Topics:
- Grounds for Divorce and Separation: Fault-based divorce (historical and current relevance)
- No-fault divorce (irretrievably broken, irreconcilable differences)
- Legal separation (purposes, legal implications, conversion to divorce)
- The Divorce Process: Filing of petition/complaint
- Temporary orders (spousal and child support)
- Uncontested vs. contested divorce
- Settlement agreements and court review
- Mediation and alternative dispute resolution
- Trial on contested issues
- Final decree of dissolution/divorce
- Spousal Support (Alimony):Historical context and modern trends
- Types of alimony: permanent/durational, rehabilitative, transitional/bridge-the-gap, reimbursement
- Factors considered in awarding spousal support (length of marriage, age, health, standard of living, contributions, financial resources)
- Role of fault in spousal support awards
- Modifiability and non-modifiability of spousal support
- Impact of prenuptial agreements on spousal support
- Property Division: Community property (definition, equal division, separate property, commingling, transmutation)
- Equitable distribution (definition, fair division based on factors, marital vs. separate property, contributions, commingling, transmutation)
- Treatment of specific assets (e.g., pensions, retirement accounts)
- Dissipation of marital assets
- Child Support: Duty of both parents to support children
- Calculation guidelines (income shares model, percentage of obligor's income model)
- Factors included in calculations (income, number of children, custody arrangements)
- Adjustments for shared custody or high-income earners
- Consideration of special needs, daycare, and health insurance expenses
- Non-modifiability by parental agreement (child's best interest)
- Uniform Interstate Family Support Act (UIFSA): Purpose of ensuring consistent enforcement and modification across states
- Continuing, exclusive jurisdiction of the initial issuing state
- Registration and enforcement of orders in other states
- Rules for modification when parties move
- Modification of Support Orders: Requirement of a substantial change in circumstances (income, custody, needs)
- Modifiability of spousal vs. child support
- Imputation of income for intentionally underemployed parents