1. Family Law Marriage, Prenuptial Agreements, and Divorce

2. MarriageMarriage Marriage has been recognized as a fundamental right. It is both a contract and a civil status. Marriage - Marriage - a (1) : the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage {Added March, 2009}Restrictions?

3. Marriage Restrictions Ban on Interracial Marriages (struck down in Lovings v Virginia) Equal Protection: White Purity is a legitimate government interest? Non-discriminatory because it effects both white and black people. Due Process: No fundamental right?

4. Marriage Restrictions Poverty License Fee - Most states uphold this so long as the fee is not exorbitant. Child Support Standing - Required to be current on your child support payments? (Struck down by Zablocki v Redhail)

5. Marriage Restrictions Incarceration (Prison) - Only with permission of the Warden? (Struck down by Turner v Safley) Kinship - Marriage to a family member is incest. Incest is illegal. Age - Must be “X” years old. (Contract Law) Competency - Must make a knowing contract admission. (Contract Law)

6. Marriage Restrictions Same Sex Marriage What are our competing jurisdictions? 50 States - Iowa, New York, California, etc... Federal Government - Defense of Marriage Act (DOMA)

7. Same Sex Marriage 1962 - Illinois decriminalizes homosexuality. First state to do so. 1973 - American Psychiatric Association removes homosexuality from its list of mental disorders. 1982 - Wisconsin outlaws discrimination based on sexual orientation. First state to do so. 1993 - “Don’t ask don’t tell.” Compromise.

8. Same Sex Marriage 2000 - Vermont (Civil Union), Stops short of using the word “Marriage.” Why? 2003 - Lawrence v Texas - SCOTUS strikes down anti-sodomy laws. 2004-2006 - Massachusetts, Connecticut, New Jersey (Civil Union) 2008 - New York (reciprocal), California, Connecticut (Marriage)

9. Same Sex Marriage 2009 - Iowa, New Hampshire (Marriage) 2010 - District of Columbia (Marriage) 2011 - New York (Marriage)

10. Same Sex Marriage 1996 - Defense of Marriage Act (DOMA) Definition of Marriage Waiver of “Full Faith and Credit” Clause Passed by Dual Majority of a bi-partisan Congress and signed by President Bill Clinton. Obama Administration’s take on DOMA

11. DivorceDivorce No- Fault Divorce is a rule in every jurisdiction No- Fault Divorce is a rule in every jurisdiction Irreconcilable differences Why look at “Fault” at all? Damages Speedy Divorce

12. Divorce - Fault AdulteryCrueltyDesertionNeglectAddiction Conviction / Imprisonment

13. Prenuptial Agreement Why get a prenuptial agreement? Community Property (California) - 50/50 split regardless of fault Common Law - Who acquired it? Equitable Distribution - What is fair?