Essay on "Family Law"

Quoted Instructions for "Family Law" Assignment:

Below are five (5) essay questions. Please answer three (3) of them to the best of your ability with help of your text and reliable and scholarly outside sources.

Your answer to each essay question should be between 250-300 words and should contain citations to references in APA format. It is suggested you write or print out the essay questions for handy reference as you develop your responses.

Be sure to submit your essay exam in one WORD document and place it in the appropriate assignment dropbox no later than the Sunday evening following the end of Module 4.

For additional information on how your work will be graded, see the Writing Grading Rubric

1.What was once the norm of marriage and family as a structure based upon a union for life between a man and a woman with strict and stable roles and responsibilities is receding. Some legislatures are proposing or passing laws to stop this trend. For example, a proposed federal law requiring each state to have numerical performance goals (numbers they must reach in terms of increased marriages or decreased divorces) for encouraging the *****formation and maintenance of healthy 2-parent married families***** among welfare recipients and limiting federal welfare funds to states who fail to meet these goals. Such a policy would lead to state policies to punish unmarried welfare recipients (e.g. give them less money) or encourage marriage among welfare recipients. Discuss this proposal in terms of the history and evolution of marriage, the nature of marriage contracts and the constitutionality of marriage restrictions.

2.Strictly fault-based divorce has given way to no-fault divorce or some variation thereof, in the vast majority of states. Yet, even in no-fault divorce, states require couples to jump through many hoops to obtain a divorce decree. Many times, these obstacles are intended to lead to reconciliation, for example the requirement that the court finds *****irreconcilable differences***** in order to grant a divorce. Do you think that this makes sense or should the court permit people who no longer wish to be married to obtain a divorce? In answering this question, draw on your knowledge regarding the basis for fault-based divorce, the nature of the marriage contract, and the evolution of divorce to modern day standards.

3.Consider the advantages and disadvantages of presumptions in custody decisionmaking. For example, the historical maternal presumption put fathers at a disadvantage because a father had to prove a mother*****s unfitness before he could gain custody. How do the current presumptions advantage or disadvantage the mother? The father? Assess how the presumptions relate to the *****best interests***** standard.

4.The relationship between child support and visitation is a matter of public debate. How, if at all, should one be used to impact the other? In other words, should a non-custodial parent who has child support obligations and visitation rights but fails to meet his/her support obligations then lose or have limited visitation rights as a result? Be sure you discuss in your answer the legal standards applied in most jurisdictions with regard to child support and visitation as well as the existing child support enforcement mechanisms.

5.In dividing property and assets upon divorce, most states using equitable distribution first determine which property is *****marital***** and which is *****separate***** and then proceed to equitably distribute the marital property. One section of the Uniform Marriage and Divorce Act (UMDA) provides an alternative where all property of the spouses are considered assets of the married couple eligible for equitable distribution., regardless of when, how or where acquired. Which method do you think is better and why? In answering this question, be sure to reflect your understanding of the differences between marital and separate property and the nature and process of equitable distribution.