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Marriage and Divorce Resource Guide
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Marriage and Divorce
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

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Divorce and Dissolution of Marriage

Mandatory Divorce Mediation Requirement. Utah State Courts.  In Utah, when an answer is filed in response to a divorce complaint, all remaining contested issues are referred to mandatory mediation.  This site discusses the mandatory divorce mediation program and includes a list of mediators.

Marriage and Divorce Statistics. National Center for Health Statistics, U.S. Department of Health and Human Services.  Included here are marriage and divorce statistics from 1990 to 2005, including detailed marriage and divorce tables by state.

Family Law in the 50 States. Family Law Quarterly, The American Bar Association (January 2008).  The Family Law Quarterly publishes family law charts from the 50 states annually.  See Chart 1 for alimony/spousal support factors, Chart 4 for grounds for divorce and residency requirements, and Chart 5 for property division in the states as of January 2008.

Alimony Benchbook, 6th ed.. Tennessee Bar Association, Family Law Section (December 2007).  Some of the issues covered in this benchbook include modification of alimony, termination of alimony, dischargability of alimony and debt repayment pursuant to bankruptcy petition, enforcement of alimony, and several sample provisions.

R. LaFountain, R. Schauffler, S. Strickland, W. Raftery & C. Bromage. Examining the Work of State Courts, Divorce Caseload Trends, 1996-2005. Examining the Work of State Courts, 2006: A National Perspective from the Court Statistics Project. Williamsburg, VA: National Center for State Courts (2007).  See document page 15 for the divorce caseload trend for 1996-2005.

Compendium of Family Court Practices. Florida Office of the State Courts Administrator, Office of Court Improvement (2006).  See page 21 for a discussion of innovative practices and improvements in dissolution of marriage case processing in various Florida Circuit Courts.

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Same-Sex Marriage

Defense of Marriage Act by State. Alliance Defense Fund.  This resource includes an interactive map of the states and shows the status of the Defense of Marriage Act (DOMA) in the states.  The map depicts states with and without DOMA legislation, states with constitutional provisions prohibiting same-sex marriage, and states that have legalized same-sex marriage.

National Conference of State Legislatures. Provides links to a Defense of Marriage Act map, domestic partnership/civil union map, and a same-sex marriage timeline.

The Williams Institute, UCLA School of Law. The Charles R. Williams Project on Sexual Orientation Law and Public Policy is a think tank dedicated to the field of sexual orientation law and public policy. The Project supports legal scholarship, legal research, policy analysis, and education regarding sexual orientation discrimination and other legal issues that affect lesbian and gay people. The Williams Project originated with the recognition that issues central to sexual orientation law have profound implications for the development of the law and public policy in general. Drawing on the intellectual and material resources of UCLA, the Williams Project provides a national center for the interdisciplinary exploration of these issues by scholars, judges, practitioners, advocates, and students.

Demary, Michele. "Legislative-Judicial Relations on Contested Issues: Taxes and Same-Sex Marriage." Judicature 89, no. 4: 202 (January 2006).  This article investigates the judicial-legislative relationships in Massachusetts and New Hampshire following judicial opinions on same-sex marriage and taxation.  (KF200 J8)

American Psychology Association Briefing Sheet on Same-Sex Families and Relationships.  (June 2004).  This briefing paper is designed to inform the public policy debate on same-sex marriage with knowledge gained from psychological research. Much can be learned from the extensive empirical literature on sexual orientation, lesbian and gay couples and their children, and the effects of prejudice and discrimination.

Cramer, Amelia C. "Civil Marriage & Same-Sex Couples: The Freedom to Marry Must Not Be Denied." Arizona Attorney: 14 (March 2004).  This article categorizes the 1,049 federal rights and responsibilities and hundreds of state rights and responsibilities that are given to heterosexual married couples and denied to same-sex couples.  The underlying theme is that so long as there is a government-sponsored institution of civil marriage, equal protection demands that all persons be entitled to participate in this institution equally.

Bonauto, Mary L. "Civil Marriage as a Locus of Civil Rights Struggles." Human Rights 30, no. 3: 3 (Summer 2003).  This article, found in the American Bar Association Human Rights publication, explores one commonality among a number of civil rights struggles - for women, African Americans, and now gay and lesbian Americans - the access to and treatment within civil marriage.

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Date Last Modified: 10/17/2008
Creation Date: 2005

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