Family Law: A Study on Communication

Investing in the Future of Law and Society

Jason Eric A. Ancheta

Academy Capstone - 1st Period

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Overview

Family dispute is a universal issue that affects individuals throughout the world.

Although legal systems differ across different countries, conflicts dealing with divorce, adoption,

and property are pertinent to every modern legal system. Just because families across the world

share in dealing with issues like these does not make the conflict justified. The emotion and the

personal aspect of this practice makes it very demanding and can often discourage lawyers from

practicing in this area.

Based on research conducted under Fort Bend Lawyers Care in Fort Bend County, TX

across a period of eight months, this paper captures the main issues within family practice across

the United States of America. By focusing on a multidisciplinary approach, this study

emphasizes that family law is an integral part of the American judicial system and stresses the

importance of educating people about family laws social implications. By focusing on the

Marriage Relationship, Divorce, and Contemporary Developments within Family Law, this

publication provides readers with a thorough summary of family courts most important

developments.

Analyzing family practices origins, how it has changed, and where it is headed gives

readers a better understanding of how diverse Family Law Practice is within the United States.

While family issues are problems that impact people in every nation, family law cases from a

U.S. perspective are easier to appreciate and understand. The concepts discussed in the context

of the American judicial system can be applied globally based on the overarching ideas in this

field of law.
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The Marriage Relationship

Family Law is based on a concept known as the Marriage Relationship and draws from

statutes defining this partnership to set standards within the courts. In order to understand the

basis for why Family Law is integral to the judicial system, it is important to analyze the

foundation it is built upon. In this consideration, the legal interpretation of the Marriage

Relationship is best understood by focusing on its updates, mutual obligation, and property

rights.

Although marriage is common within American society, it is troubling to recognize that

many U.S. citizens know very little about it. Legally, it is crucial to determine whether a

marriage is valid and properly licensed. One consideration within the marriage relationship that

has evolved drastically within the past fifty years is the choice to marry or simply live together.

Although marriages recognized by the state were the standard in the past, it is common

knowledge that living together has become a preferable alternative for millennials. In fact, this

was the only option for homosexual couples for the longest time. However, the 2015 Supreme

Court ruling in Obergefell v. Hodges changed this policy. Because the U.S. legal system is

obligated to recognize homosexual marriages, now homosexual parents do not have to worry

about connecting to their child just because they were not the biological parents (Joslin). Within

this example, it is easy to see how the law requires interpretation to address changing issues

within society. Despite the fact that changes occur, maintaining the validity and licensing

associated with the Marriage Relationship preserves the practice of Family Law.
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Another consideration that carries a lot of weight within family practice is the idea of

mutual obligation. Legally, each spouse carries the same responsibility to uphold the Marriage

Relationship. This harks back to the vows declared at the wedding ceremony, and how these

vows will ultimately be upheld in the court should the occasion call for it. Because of this, it is

important to for couples considering marriage to do their research before declaring the wedding.

With this in mind, it is important to recognize that, Nothing can bring greater joy than a happy

relationship. Few things can bring greater misery than a relationship that goes wrong. Family

law, therefore, deals with hallowed ground, the most sensitive issues in peoples lives. It is not

surprising then it is highly controversial and raises issues of considerable significance

(Herring). It is also not surprising that many couples decide to ignore the option to enter a

Marriage Relationship. In Dale Carnegies How To Win Friends & Influence People, he writes

that dealing with controversial issues like these requires us to be more sympathetic when

listening to other opinions regarding topics like these and just commit to nobler motives

(Carnegie). Committing to someone emotionally and romantically is obviously different than

committing legal assets and obligations to another person. Under the courts recognition of a

couples matrimony, the situation demands that the law is upheld. Regardless of whether this

works in the couples best interests or not, the court will preserve the agreements made in that

marriage.

The third branch that people need to analyze to gain a better understanding of what the

Marriage Relationship is based on is the field of property rights. Under the definitions relevant

to the rights that spouses carry, property ownership changes. Once a couple proceeds with a

marriage, two individuals truly become one in the laws eye. Often times, determining whether
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certain assets owned by either spouse are community property (obtained by either spouse during

the marriage and divisible in the divorce) or separate property (owned by either spouse before

the marriage or obtained through gift or inheritance and not divisible upon divorce) is a crucial

part of the marriage relationship (ONeil). Still, a lot of couples are oblivious of these laws

before they get married. As a result, conflicts and divorces are the first time that many couples

become aware of their rights within the confines of the marriage. By gaining a better

understanding of the rights and other obligations that become present when analyzing the

Marriage Relationship as a whole, individuals not only learn more about Family Law.

Universally, they learn about matters that have a high probability of becoming relevant in the

future. Since many people decide to enter these marriage relationships, society should educate

younger generations about considerations like these to promote being informed.

Overall, family court is no soap opera. While it is true that emotions can run wild within

cases that family lawyers deal with, these are not the types that thespians use. If people are not

aware of how important the Marriage Relationship is, then these emotions have the potential to

disrupt peoples lives in drastic ways.

Divorce

Within family court, individuals may choose to go through a divorce. In this process, the

mutual obligation established by the Marriage Relationship is nullified. As a result, the couple is

no longer tied to each other legally. Once this decision is made, the separation process becomes

much more complicated. Divorce is necessary within family law because it resolves conflict by
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using legal codes that vary from state to state, protecting parties from harm, and prioritizing child

well-being as the highest value in these divorce cases.

Divorce uses varying legal codes across different states to settle family disputes. Because

divorce occurs under specific circumstances in certain regions of the United States, different

states approached the divorce process in distinct ways. Mrs. Ann Estin with the William and

Mary Bill of Rights Journal explains, from the earliest periods of American history, the colonies

took different approaches to questions of marriage and divorce. The New England colonies

treated divorce as a civil matter and began granting divorces during the seventeenth century. The

southern colonies followed the ecclesiastical law pattern and generally refused to permit divorce.

This diversity and experimentation continued in the years after independence and remains an

unusual feature of modern-day American divorce law. Recognizing these differences, each

state has its own set of precedents and statutes that have influenced different verdicts throughout

the years since Americas first family codes were established. Even though it may sound nice to

establish a national legal code addressing the divorce process, state legal codes are preferable

since they account for relatively local values when issuing verdicts.

Although each state operates under different legal codes, all U.S. legal codes agree on the

fundamental basis that divorce is an inherent necessity in society. Most family codes identify

divorce as a means to protect people from physical harm, as the law of spouse and child abuse

attempts to do, and from non-physical harms, especially economic wrongs and psychological

injuries (Schneider). Furthermore, this protection is necessary especially in the modern era as

society progresses in offering matters like gender equality. As 21st century family law moves

forward with these social changes, it is important to remember how divorces are different with
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every case. When analyzing domestic violence in relationships, a national study found that over

10 percent of U.S. couples acknowledged the use of some amount of violence during a spousal

conflict and that this violence was reduced by the distribution of bargaining power within

marriage (Stevenson). Because both parties in conflict were aware of the divorce option, it gave

them better chances at resolving conflicts without physical force. If these protections did not

exist within the modern era, domestic abuse would become another effect that the law would

sanction. Instead, the law stands to protect both parties in the relationship and does not give

allowances for abuse or injury of this caliber. The fifty states across the U.S. may deal with

divorce using different processes, but the factors that cause divorce are generally the same.

Fortunately, this means that no state sanctions violence.

In addition to protecting parties from harm, the necessity for legal action also prioritizes

the children involved with these divorces. In all family courts, the childs well-being is the

highest value once the divorce process begins. Mrs. Marsha Pruett with the Journal of Family

Psychology explains, When parents divorce in order to break the spousal connection, the

sharing of childrearing provides an opportunity and a responsibility to remain connected. The

court forces parents to list the specific privileges and responsibilities that each parent may

possess so that these parent rights are recognized before the state. Taking time to document

parental obligations is a complex process that often times escalates the conflict, especially when

it comes to matters regarding conservatorship and custody. Even though this tension may get

worse, Instinct in each of these first three functions of family law lies a relatively commonplace

idea: There are people (particularly children) the law is widely expected to protect, contracts it is

widely expected to facilitate, and disputes it is widely expected to arbitrate (Schneider). While
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the court cannot protect the child from the separation that occurs, it protects the child from any

legal repercussions that might occur after the verdict is established. The law will prioritize the

childs well-being over the divorces provisions if necessary, and will not compromise the

childs mental health, physical health, or emotional health in any manner. As a result, the law

continues to protect the child as well as the conflicting parties while the divorce continues.

Reviewing all the facts associated with divorce, it is important to note that couples that

live together outside the marriage contract are not subject to these regulations. Legally, the law

only binds married couples to these processes. Divorce is just the evolution of a marriage

relationship that ultimately failed and caused the parties to cancel its legal significance. At the

conclusion of the divorce, a couple may walk away from the process with their properties

divided equally and different custodianship of the child in question. The law may do its best to

make the matter as civil as possible, but it cannot protect its clients against the emotional

heartache and financial headaches in the divorces aftermath.

Modern Family Law

The Marriage Relationship established by the courts evolves as times change and society

progresses forward. As a result, the rules of family law do not remain the same but gradually

adapt to new circumstances. As this evolution plays out, the legal code begins establishing new

precedents and standards for determining certain verdicts. Modern family law is necessary

within this practice because it plays a specific role in the larger U.S. judiciary. This role allows

it to resolve conflict in a difficult field of practice. The changes in modern family law allow the

legal codes to encompass more comprehensive boundaries in the midst of evolving societal
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issues, hold more parameters in conjunction with family justice instead of the frequent domestic

disputes, and define family laws function in the larger context of the legal world.

Recognizing family laws larger role in the modern society is difficult at times. As

discussed in the Marriage Relationships definitions, our society has the ability to redefine

certain codes that have existed since the conception of family legal codes. Still, maintaining the

family codes integrity relies on how the courts present these changes when modifying the

individual sections of the codes definitions. Mrs. Jana Singer, an Associate Professor of Law at

the University of Maryland Law School, makes this easier to understand by using the specific

example of adoption stating, Traditionally, in agency adoptions, the birth parents play little or

no role in selecting adoptive parents and have no contact with the adoptive parents once they

have been selected by the agency. This is changing, however, largely in response to competition

from private placement adoption. As family law progresses, it must adapt to meet the demands

of the people that abide by its policies. Even if biological parents never had this active role in

determining adoption verdicts in the past, this is no longer the case. Professor Singer explains

further that comparing legal adoption with its alternatives is the turning point that allowed for

this change concluding that, Private-placement adoption differs from illegal baby-selling

primarily in that payments to the birth mother are limited to her pregnancy-related expenses, and

payments to the intermediary (if any) are restricted to the provision of professional services. The

line between such permissible and impermissible payments, however, is often difficult to draw.

State laws differ substantially on what qualifies as a compensable pregnancy-related expense on

the part of the birth mother. As the circumstances associated with issues like adoption start

changing, provisions in the legal codes allow the law to stay flexible and address matters like
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these while still preserving the integrity of the codes original purpose. Even if the law has

difficulty in implementing the perfect solution to solve for all the problems present in these

circumstances, the family code makes every effort to ensure that the adoptions occur under just

conditions. As a result, this gives the family court legitimacy despite the changing landscape

present in these family matters.

Another aspect of family law that has started to surface in its recent cases is the necessity

for multidisciplinary approaches within family law cases. When analyzing the recent changes

within family law, all modifications that allow the legal codes to stay flexible are centered

around family laws new perspectives when regarding the standard cases that are ordinary within

this field. One such development is apparent when examining the impacts of social science

research on family matters. A change in perspective gives family law more insight since,

knowledge gained from social sciences relevant to family issues can assist with developing this

expanded focus for decision-makers. In addition, competence in a variety of disciplines,

particularly for those engaged in family law, is critical for family law to achieve legal realism, or

to become more reflective of and responsive to social realities (Babb, "Perspective"). The

concept of legal realism is at the center of making family law relate to ordinary peoples lives.

By helping others understand the risks associated with any family court issue, it allows them to

stay informed not simply about family law, but also get familiarized with issues that may surface

in their own lives at some point. Maintaining a legal code that reflects the societys needs at a

given point in time is necessary to ensure proper justice for every individual. It is easy to see this

need for legal realism in the context of family finances. For example, One challenge courts face

that requires their increasing regulation in family dissolution cases is determining the economic
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consequences for family members. While enactment in all states of child support guidelines has

removed significantly the element of judicial discretion in establishing child support and

generally has resulted in higher and more consistent child support awards, the poor rate of

collection of child support from noncustodial parents represents a substantial deprivation to

children's lives, as well as an example of a serious failing of the current court system (Babb,

"Perspective"). Financial obligations in the context of a divorce are often areas of heated

dispute. Still, the law maintains a sense of pragmatism in the face of this tension by continuing

to provide for the childs needs despite the complexity of the situation. This allows the law to

not just adapt and solve issues, but also hold more parameters for family justice in the midst of

this conflict.

At the larger level, all of these provisions ultimately allow family law to maintain its role

in the larger US judiciary. Neglecting these roles is impossible for family courts because

although, Many courts call themselves "family courts" without fully considering the

implications of that term, while others consolidate their treatment of family legal matters without

specifically calling themselves family courts, the notion of a family court suggests a separate

court or a separate division of a state court of general jurisdiction that exercises comprehensive

subject matter jurisdiction over all legal issues related to children and families (Babb,

"Blueprint"). This being the case, family law is one of the most important fields to consider

within the American court system. Dealing with issues like these is already complicated with

legal codes in place, and would only become impossible without these parameters. The other

aspect of family law that separates it from other law practice is that, if the appeal court is

persuaded that a judge took into account all the relevant factors and produced a reasonable
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conclusion, it will uphold the judgement, even though the court itself might have reached a

different conclusion. In short, in family law, there is often not a clear right or wrong answer

(Herring). While this does not mean that a verdict at a lower level of court does not matter, it

simply means that interpretation within this court of law is especially subjective depending on a

given case. It is true that precedence still play a role in determining verdicts, but it is hardly

concrete when deciding on matters like that. This, however, is the reason why family law is

especially unique.

Global Context

Although this study of family law was conducted in the parameters of the United States

judicial system, family law is remarkable because its conceptual basis is one that transcends any

national borders. While the practice of family law may differ between different areas across the

world, every family legal code must deal with issues that pertain to the Marriage Relationship,

Divorce, and changing social norms. Every region has the task of creating a legal code that not

only solves these conflicts, but also reflects the different cultural traditions and ideologies of that

particular area. Because of this, it is important to acknowledge the need for awareness in relation

to family legal practice. Understanding how one countrys legal code reflects the priorities of its

demographic aides in revealing how other countries accommodate their own values. By

informing the general public about issues associated with family practice, studies like this one

raise awareness for an often overlooked part of modern society. Educating people about legal

processes does not have to rely on jargon or terminology, but instead it should focus on

informing people about issues that play influential roles in their relationships.
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Works Cited

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ecological and therapeutic perspective." Ind. LJ 72 (1996): 775.

Babb, Barbara A. "Fashioning an interdisciplinary framework for court reform in family law: A

blueprint to construct a unified family court." S. Cal. L. Rev. 71 (1997): 469.

Carnegie, Dale. How To Win Friends and Influence People. New York, Pocket Books, 1982.

Estin, Ann Laquer. "Family law federalism: Divorce and the constitution." Wm. & Mary Bill Rts.

J. 16 (2007): 381.

Herring, Jonathan. An Introduction to Family Law. Beginning Family Law, Routledge, Taylor

& Francis Group, 2015. Print. 24 August 2017.

Joslin, Courtney G. "Marriage Equality and its Relationship to Family Law." (2016).

O'Neil, Michelle. The Rules Are Different in Texas Family Law. Dallas Divorce Law Blog,

O'Neil Wysocki Family Law, 17 Sept. 2014. Web. 23 Aug. 2017.

Pruett, Marsha Kline, et al. "Family and legal indicators of child adjustment to divorce among

families with young children." Journal of Family Psychology 17.2 (2003): 169.

Schneider, Carl E. "The channeling function in family law." Hofstra L. Rev. 20 (1991): 495.

Singer, Jana B. "The privatization of family law." Wis. L. Rev.(1992): 1443.

Stevenson, Betsey, and Justin Wolfers. "Bargaining in the shadow of the law: Divorce laws and

family distress." The Quarterly Journal of Economics 121.1 (2006): 267-288.