Requirements for Marriage
Requirements for Marriage
Go to Divorcelawinfo.com’s Marriage Law Center, click on “Marriage License Laws,” and then click on your state. This will bring up the basic requirements of marriage in your state. Keep the information handy for this week’s Seminar.
Next, visit the following websites for links and resources focusing on marriage and family law:
Common Law Marriage
Marriage Age of Consent Law
Family Law
Finally, post your response to the following:
What are the requirements for marriage in your state?
When was the last time the marriage laws were changed? What were some of the changes?
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must be professional and civil at all times. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
DQ2 Topic 2: What three questions might you ask a prospective client wanting to know about marriage in light of your research in your state? Be sure to indicate what types of questions you might ask in order to share some of the research you have found.
PA250 Family Law
Unit 2 Discussion
Topic: Alimony
Research the laws of your state regarding alimony or maintenance awards. When is a spouse eligible for alimony? Does the court follow a certain test or use certain criteria? Explain your answer.
Jett and Harper are seriously considering having a premarital agreement. The Uniform Premarital Agreement Act (UPAA) indicates that the parties should be able to create and agree to a premarital agreement with a few restrictions. The courts frown upon placing either party into financial peril. Read the facts of this week’s assignment and determine whether an agreement giving everything to either Jett or Harper would be in compliance with the UPAA. Explain why or why not.
PA250 Family Law
Unit 3 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Marriage Rates
Many theorize why marriage rates are dropping, especially among millennials. One theory is that these individuals want a solid economic foundation before marrying. Further, “In contrast to the patterns of the past, when adults in all socio-economic groups married at roughly the same rate, marriage today is more prevalent among those with higher incomes and more education, according to the Pew research.” Please read the following article and provide a substantive opinion or example why you do or do not agree with the author.
PA250 Family Law
Unit 4 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Rules of Professional Conduct
Review Rule 1.7 Conflict of Interest: Current Clients from the ABA Model Rules of Professional Conduct.
Now, go to the Discussion Board and post your response to the following scenario:
As you will learn in this week’s assignment, the clients, Jett Obeejebos and Harper Awezon, are very frugal with their money. They want the law firm you are working for to review a prenuptial agreement they have drafted. The two have been squabbling more than usual over financial dealings, and they want your firm to represent both of them if one or the other breaches their prenuptial agreement. What ethical concerns are raised by this scenario?
PA250 Family Law
Unit 5 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Domestic Violence and Filing Fees for Protective Orders
Harper has been known to have a temper from time to time and has thrown things at Jett when frustrated. Recently she threw a Waterford crystal lamp at him. It bruised the left side of his face. He wants to know more about protective orders. Since he travels so much, he would like to know about your state’s laws in the event the couple moves there or he moves by himself.
Review information about protection orders.
For a sample of a state domestic violence statute, go to the Wisconsin State Law Library’s domestic abuse resources.
Conduct some research on the internet to find your state’s domestic violence statute. Then, go to the Discussion Board and cite your state’s domestic violence statute. Explain the requirements for obtaining a temporary restraining order or protective order under this statute.
Also, discuss the issue of filing fees for a protective order. Does your state require a filing fee? Is the elimination or reduction of filing fees important in domestic violence cases?
If you find a good website explaining domestic violence protection orders in your state, post the address of the website for the other students.
PA250 Family Law
Unit 6 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Custody and Support Arrangements: Is a Pet Like a Child?
Many people treat their pets like family members. In fact, the courts have now been asked to consider the best interests of animals, arguing that they are more like dependents than personal property. Because of the special relationship people have with their pets, the courts are having to decide custody, access, and visitation.
Compare and contrast a new law that was passed in California, AB2274, allowing the courts to take into consideration “the care of the pet animal” in cases of marital dissolution or legal separation to child support.
Do you think both are similar in terms of determining amounts needed for support as well as enforcement of support orders?
Do you think there are effective methods and procedures to combat nonpayment of child and/or pet support?
How effective are these methods? Please provide examples to support your position.
What impact does nonpayment of child and/or support have on a family, on both the custodial parent and child(ren)/pets?
Child Support Enforcement
The following articles at the Office of Child Support Enforcement website provide a good overview of the child support enforcement system
Child Support Handbook. Retrieved from https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_handbook_with_toc.pdf
How to Get Child Support. Retrieved from http://www.acf.hhs.gov/programs/css/resource/how-to-get-child-support.
Child Support Websites and General Contact Information. Retrieved from http://www.acf.hhs.gov/programs/css/resource/state-and-tribal-child-support-agency-contacts
Click on the “clickable image map” and choose your state to see a description of local child support enforcement programs.
PA250 Family Law
Unit 7 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Approaches to Settlement and the Use of Paralegals
As you know, Jett and Harper’s main concern is their beloved dog, Express. They have often referred to her as their baby. They both want the best for their Labrachon. Review the links below and discuss your opinion on the paralegal’s role in the divorce mediation/settlement process, as well as how the paralegal can be more effective in the entire divorce process, especially considering newer areas of legal decisions surrounding pet custody and support. Keep in mind that pets become attached to their owners, and courts often apply the best interest of the pet in cases involving custody and support of their furry family member.
Go to the website of Adam J. Berner, Esq. and read about divorce mediation and its benefits. Then, click on the “Collaborative Law” topic under the “Services” tab and read about the collaborative law process.
Also, read the article entitled “An Overview of Divorce Mediation, For Family Law Paralegals.”
Now go to the Discussion Board and respond to the following:
What are the advantages and disadvantages of mediation and collaborative law in divorce cases?
How can the paralegal maximize his or her role in the divorce mediation/settlement process, as well as be more effective in the entire divorce process?
PA250 Family Law
Unit 8 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Parental Kidnapping/Dognapping
A rather unusual situation is taking place with Jett and Harper. In this unit, Jett is filing for divorce from Harper. The couple have no children, but they do have a loving dog, Express. Harper has decided to take Express without Jett’s knowledge to a cabin an hour north of where the couple lives so she can think and regroup. Read the articles below and research dognapping cases that may help should the court need to decide if Harper does not return with Express. Compare how the courts view kidnapping cases against how they have begun to view dognapping cases.
Read the article “Daughters Stand by Father After His Sentencing” by Alexis Chiu. It tells the story of the Fagan parental kidnapping case that was headline news back in 1998 when Stephen Fagan was arrested for kidnapping his daughters and keeping them in Palm Beach, Florida, for almost 20 years. He took the children to Florida in violation of the custody orders when the children were only 2 and 5 years old, telling them that their mother had died in a car accident.
Also, read an editorial about this case, titled “The Father Was Always There for Them” by Ellen Goodman.
Now go to the discussion and respond to the following:
Do you agree with the editorial? Whether you agree or not, what about the editorial struck you?
If you had been the judge in this case, how would you have ruled?
Would you have given the same punishment? Lighter? Stiffer? Why?
PA250 Family Law
Unit 9 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Baby M
Go to Westlaw.
Once in Westlaw, click on the “Law” tab at the top left. Then, in the “Find” section under “Shortcuts” on the left-hand side of the page, enter the citation 537 A.2d 1227.
This will bring you to In the Matter of Baby M, the landmark case decided by the New Jersey Supreme Court in 1988, dealing with the enforceability of a surrogacy contract.
Read it to answer the questions below. You should also use it to prepare for the Unit 8 Seminar.
Also, for a little more background of the Baby M case at the earlier trial stage, read the Baby M, in Re summary at the Free Legal Dictionary.
After reading the Baby M case and the summary, post your responses to the following questions:
Explain what the New Jersey Supreme Court ruled as to the enforceability of the surrogacy contract, and sum up its reasons for its ruling. Do you agree with this ruling? Why or why not?
How did the New Jersey Supreme Court rule with regard to custody of Baby M? What was the court’s rationale? Do you agree with the custody ruling? Why or why not?
PA250 Family Law
Unit 10 Discussion
Discussion Overview
Discussions are an important component of your course work and will solidify your learning of the topics in each unit. Please refer to the Discussion Rubric under Grading Rubrics for grading information.
When posting to the Discussion Board:
Communications must always be professional and civil. All posting must be done in a collaborative environment.
The goal of discussion is a free exchange of ideas and viewpoints with the freedom to disagree with one another in a respectful and thoughtful way.
Reread messages and posts before sending them to ensure that your contributions are positive and diplomatic in tone and content.
Topic: Reflective Summary
As you complete your work in this course, reflect on the outcomes as well as your personal goals for the course. This is the time for you to determine what areas of legal studies interest you and why. This is not intended to be a mere recap of the course. The emphasis here is on what you have personally learned and how it has affected your professional goals. Discussing what you have learned during the term not only will help you better process the information but also will help you enhance each other’s learning experience. Please reflect on the previous units and post a brief essay that addresses the following questions:
What have you learned from your discussions and collaborations with your fellow students?
In what specific ways can you use the knowledge you have gained in this course in your chosen profession? What are your strengths and opportunities for growth in this area?
What questions or concerns do you have about what you have studied?
What areas of the subject would you like to continue to explore and why?
Course Reflection
Post your thoughts responding to the course reflection questions above. A thoughtful response will get you full points for this discussion.
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