Family Law

Court in another state recognizes pre-Obergefell common-law marriage between gay partners

A Pennsylvania state appellate court on Monday recognized the common-law marriage of a same-sex couple, reversing a trial judge’s finding that at the time in question, it was “legally impossible” for two men to form such a union. Michael Hunter, who filed the petition, lost his partner Stephen Carter in…

Apr 18, 2017 5:25 PM CDT

‘Loving’ movie gives new significance to landmark court case

Loving v. Virginia was argued before the U.S. Supreme Court 50 years ago today. And the Hollywood film Loving has revived the story for the masses at a time when issues that surround equality and state’s rights are dominating the political discourse.

Apr 1, 2017 3:30 AM CDT

Despite kinks in program, nonlawyers successfully providing some legal services in Washington state

Limited license legal technicians in the state of Washington are succeeding at helping clients who can’t afford a lawyer while staying within their limits as practitioners, a new study has found. Conducted by the American Bar Foundation and the National Center for State Courts with support from the Public Welfare…

Mar 29, 2017 4:45 PM CDT

Lawyer is among four killed in shootings at Wisconsin law office and bank

A Wisconsin lawyer was among four people killed Thursday in a series of shootings that allegedly started as a domestic incident.

Mar 24, 2017 7:58 AM CDT

Family court judge rules Obergefell applies retroactively, and women had a common-law marriage

A same-sex couple who split up after about 30 years together had a common-law marriage, a South Carolina family law court judge recently ruled. It might be the first time in a family law court trial that a judge determined Obergefell v. Hodges, the 2015 U.S. Supreme Court opinion that…

Mar 20, 2017 3:30 PM CDT

California DA launches special unit to address plague of perjury

In 1998, Luther Jones was convicted in California of molesting his former girlfriend’s daughter and sentenced to 27 years in prison. But the girl, who was 12 when she testified about the alleged sex abuse, recanted in 2016.

Mar 1, 2017 3:45 AM CST

Washington’s top court rules against Christian florist who wouldn’t provide flowers for gay wedding

A Christian florist did not have a First Amendment right to refuse to provide flowers for a gay wedding, the Washington Supreme Court has ruled. The court on Thursday affirmed a fine and citation imposed against Barronelle Stutzman, owner of Arlene’s Flowers, for her violation of state laws barring discrimination…

Feb 17, 2017 10:05 AM CST

US laws have allowed children as young as 12 to get married

Laws in the United States still allow youths under age 18 to get married, and some of those who marry are as young as 12. Though most states set 18 as the minimum, exceptions allow minors to marry in some circumstances, such as with approval of parents or judges, or…

Feb 14, 2017 7:00 AM CST

Oklahoma lawyer and the woman he represented in a divorce are shot and killed

A lawyer in Norman, Oklahoma, and his divorce client were shot and killed, apparently by the woman’s estranged husband, authorities said on Wednesday. The victims are lawyer Bryan Young, 47, and his client, Cayann Patterson, 49, report the Norman Transcript and the Oklahoman. Young was an associate at Ward Glass…

Feb 9, 2017 8:00 AM CST

Alaska law tells divorce judges to consider well-being of pets

An Alaska law that took effect this month requires divorce court judges to consider the well-being of pets when making decisions about which spouse gets to keep the animals. The law (PDF), which amended Alaska’s divorce statutes, “is making waves in the world of animal law,” the Washington Post reports.…

Jan 31, 2017 10:26 AM CST

Court upholds $10K sanction for lawyer’s alleged ‘maelstrom of misconduct’ in his divorce

A New York appeals court has upheld a $10,000 sanction for a former Mintz Levin associate for bad faith conduct in handling his own divorce. The appeals court said the judge who sanctioned Anthony Zappin in September 2015 had explained his reasoning in a detailed decision that was “amply supported…

Jan 19, 2017 7:00 AM CST

Suspended DA calls press conference to deny he committed perjury

A newly elected district attorney in Alabama called a press conference on Tuesday to deny that he committed perjury in a divorce case. Charles Todd Henderson was barred from taking office in Jefferson County because of his perjury indictment on Friday, AL.com reports. He was accused of making a false…

Jan 18, 2017 11:01 AM CST

SCOTUS turns down Indian Child Welfare Act challenge brought by foster parents of Choctaw girl

The U.S. Supreme Court declined on Monday to hear a foster family’s challenge to the adoption of their former foster daughter under the Indian Child Welfare Act. Rusty and Summer Page of Santa Clarita, California, had asked the Supreme Court to reconsider a Los Angeles juvenile court’s ruling that there…

Jan 11, 2017 3:30 PM CST

Letters: The Rules on Rules

Regarding “Parenthetical Habits,” November, brilliant—I’m still laughing. The Bluebook’s (like all) “rules” are “made to be broken,” not just because they’re often silly and misguided pronouncements by the students proliferating them but because they are rules. As I’ve taught my students for years, break any rule you wish, any time…

Jan 1, 2017 3:55 AM CST

Man can sue for return of engagement ring, Virginia Supreme Court rules

A $26,000 engagement ring was a conditional gift and a man who broke off his engagement is entitled to its return, the Virginia Supreme Court has ruled. The court said in a Dec. 15 decision (PDF) that the lawsuit by Ethan Dockendorf was not barred by the state’s heart balm…

Dec 20, 2016 2:14 PM CST