Family Law

Are Laws Barring Polygamy Destined to Fall? Law Prof Defends Marriage of Two

Critics are attacking laws barring polygamy as an assault on religious liberty, a throwback to another time when contraception was banned and homophobia prevailed. Emory University law professor John Witte Jr. isn’t among them. He defends anti-polygamy laws in a Guest Voices column for the Washington Post. “I argue that…

Nov 14, 2012 11:30 AM CST

Judge Says Victimized Wife Doesn’t Have to Pay $25K Legal Bill for Ex-Spouse Imprisoned In Sex Case

Crystal Harris expected to help others by fighting for a new California law that prevents courts from ordering victims of spousal abuse to pay support to the other spouse after they are divorced. But it turns out she also helped herself. Already obligated to pay a $47,000 bill to the…

Nov 13, 2012 7:57 PM CST

Law Firm Recruits Lawyers to Provide a la Carte Divorce Services in Cafe Setting

A Georgia law firm is opening a storefront office in Atlanta to offer a la carte divorce services to walk-in clients who will pay $75 an hour for the help. The firm, to be called the Justice Café, will provide free coffee and sell sandwiches from a restaurant next door,…

Nov 9, 2012 12:00 PM CST

Supreme Court to Consider Gay-Marriage Cert Petitions Before Thanksgiving

The U.S. Supreme Court will consider several cert petitions involving gay marriage at a private conference Nov. 20, including a key case in which Justice Elena Kagan could recuse herself. The justices will consider around 10 petitions, and “it is close to certain that the court will agree to hear…

Nov 9, 2012 11:30 AM CST

Voters Approve Same-Sex Marriage in Two States

Voters in Maine and Maryland have approved same-sex marriage, the first time that such measures have succeeded through a ballot initiative. The states join six others and Washington, D.C., that allow same-sex marriage as a result of court decisions or legislative action, report the New York Times, the Washington Post…

Nov 7, 2012 12:29 PM CST

Does Judge Decide or Do Parents Decide Whether Mentally Disabled Woman, 32, Gets An Abortion?

The Nevada Supreme Court has been asked to determine whether a judge or the adoptive parents of a 32-year-old mentally disabled woman who became pregnant while living in a group home should be the decision-maker concerning whether or not she has an abortion. The woman’s parents and guardians, William and…

Nov 6, 2012 4:15 PM CST

Pass the Subpoena, Please: Intrafamily Squabbling Could Put a Damper on Holiday Feast Gobbling

Sometimes there’s a lot of baggage when families get together—and not the kind with handles. And it’s not easy, or particularly pleasant, when families have squared off against each other in a court of law. But in its never-ending quest for awkward Thanksgiving gatherings, the American family has made some…

Nov 1, 2012 5:50 AM CDT

What Do DOMA Decisions Mean for Employment Law?

As courts strike down laws that ban same-sex marriage, lawyers wonder if employers will change benefits to be more inclusive for lesbian and gay employees, reports Corporate Counsel. The article cites the recent U.S. Court of Appeals for the Second Circuit opinion (PDF) that nixed the Defense of Marriage Act.…

Oct 23, 2012 3:06 PM CDT

Texas Lawyer Believes She Was Intended Target in Attempted Firebombing

A divorce lawyer in Hurst, Texas, believes she was the intended target of a would-be firebomber who threw incendiary devices into an office building over the weekend. Lawyer Ginger Weatherspoon says police found two unexploded devices in her office and at least one other device that caused a small fire…

Oct 23, 2012 2:16 PM CDT

Liberty Law Dean Says Gay Mom’s Racketeering Suit Against School Is Frivolous

Updated: A lesbian woman who won a court battle for custody of her daughter has filed a civil racketeering suit that accuses Liberty University School of Law of conspiring in the girl’s disappearance. The federal suit filed by Janet Jenkins in Burlington, Vt., alleges a conspiracy to kidnap the girl…

Oct 22, 2012 1:24 PM CDT

2nd Circuit Rules for Surviving Gay Spouse, Says DOMA Violates Equal Protection Clause

A New York-based appeals court has ruled on behalf of a lesbian seeking an estate tax deduction after the death of her spouse in a constitutional challenge to the Defense of Marriage Act. The 2-1 opinion (PDF) by the 2nd U.S. Circuit Court of Appeals struck down a section of…

Oct 18, 2012 4:27 PM CDT

Divorce Client’s Ex-Spouse Charged with Harassing Lawyer, Allegedly Sent Email re Unrelated Shooting

A Connecticut man was criminally charged last week after allegedly sending a threatening email to a Waterbury matrimonial lawyer who survived being shot four times by a client’s estranged husband in 2005 outside a state courthouse in Middletown. The shooter, who was a retired state trooper, shot and killed his…

Oct 15, 2012 4:30 PM CDT

Family Court Judge Who Hit Teen Daughter with Belt in Viral YouTube Video Might Go Back on Bench

A Texas family court judge who made international headlines last year and was suspended, with pay, after his now-adult daughter posted on YouTube a video she secretly took of her father whipping her with a belt in 2004, when she was a teenager, could be headed back to the bench.…

Oct 3, 2012 9:33 PM CDT

Adoptive Mom, a Lawyer, Is ‘More Responsible’ Parent, Gets Custody of Girl, 6, Instead of Bio-Mom Ex

After a bitter court battle, a New York lawyer who adopted her former domestic partner’s biological daughter has been awarded custody of the girl, who is now 6. The case is believed to be the state’s first such ruling involving a same-sex couple. A custody trial was held in March,…

Oct 2, 2012 6:39 PM CDT

Has the Time Come for Renewable Marriage Contracts?

Several lawmakers in Mexico City proposed the idea last year: Permit couples to enter into renewable marriage contracts for terms as short as two years. The idea never became law, but it led a New York Times columnist to consider (and then reject) the idea of 20-year marriage contracts. “The…

Oct 2, 2012 11:20 AM CDT