SHOULD PREMARITAL COUNSELING BE MANDATORY AS A REQUISITE TO OBTAINING A MARRIAGE LICENSE?

Despite the fundamental importance of marriage in forming the foundation of family and society, divorce in the United States has become a common occurrence with disruptive consequences immediately affecting the children, the family, and society at large. The state therefore has a strong and legitimate interest in strengthening marriage by mandating premarital counseling for all couples contemplating marriage. Premarital counseling is a program that offers the necessary guidance to assist couples in evaluating their readiness to enter marriage, and allows couples to enter marriage with greater understanding and certainty. As a result, mandatory premarital counseling will promote stability in the marital and family relationship and help to reduce marital discord.     

Trends in Non-Muslim Divorces in Singapore

This article examines the trends and patterns in the way thesecular divorce law has been utilized by couples in Singaporeseeking to end their marriage. Social and demographic featuresof the divorcing couples, as well as the ‘fact’relied on in support of their divorce petitions, are studiedand compared to earlier analyses. It is found that while somepatterns observed by earlier researchers have remained intact,others have changed. This article suggests explanations forthese observed patterns and contributes to the discussion onwhether and how the divorce law can be improved in Singaporeand elsewhere.     

HUNTER‐GATHERER COLLABORATIVE PRACTICE

This article describes the development of a practice group based on a hunter‐gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to middle‐ and lower‐income families. The practice group professional disciplines include law, mental health divorce coaching, co‐parent coaching, financial analysis, and case administration. These professionals have collectively associated their individual practices to address challenges facing their collaborative practices. With common purpose, the practice group builds skills, generates client base, nurtures trust, and lays a common knowledge base. Collaborative divorce teams formed from its members serve divorcing families with efficient, cost‐conscious, interest‐based negotiation processes that protect children and help parties productively move on with their lives.     

The Impact of Marital Aggression on Women's Psychological and Marital Functioning in a Newlywed Sample

The impact of husband-to-wife physical aggression on changes in wives' personal and marital well-being was examined in a representative sample of newlywed couples. The sample consisted of couples who completed baseline (time of marriage) and first anniversary assessments as part of the Buffalo Newlywed Study (n = 543). After controlling for sociodemographic variables, initial relationship satisfaction, and verbal aggression, wives who experienced physical aggression from their husbands during the first year of marriage reported increased stress and lower marital satisfaction at the first anniversary. Further, they were more likely to report separation from husbands due to marital problems during the first year of marriage. Experiences of partner physical aggression during the premarital period were associated with greater frequency of heavy drinking episodes among wives, although they were not associated with changes in average daily volume of ethanol consumed. Results suggest that among a community sample, experiences of husband-to-wife physical aggression have negative consequences for both women's psychological well-being and marital functioning.     

HELPING CHILDREN SUCCEED AFTER DIVORCE

In an effort to prevent some of the well-documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long-term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

EXPLAINING THE ASSOCIATION BETWEEN INCARCERATION AND DIVORCE

Recent studies have suggested that incarceration dramatically increases the odds of divorce, but we know little about the mechanisms that explain the association. This study uses prospective longitudinal data from a subset of married young adults in the National Longitudinal Study of Adolescent Health (N = 1,919) to examine whether incarceration is associated with divorce indirectly via low marital love, economic strain, relationship violence, and extramarital sex. The findings confirmed that incarcerations occurring during, but not before, a marriage were associated with an increased hazard of divorce. Incarcerations occurring during marriage also were associated with less marital love, more relationship violence, more economic strain, and greater odds of extramarital sex. Above‐average levels of economic strain were visible among respondents observed preincarceration, but only respondents observed postincarceration showed less marital love, more relationship violence, and higher odds of extramarital sex than did respondents who were not incarcerated during marriage. These relationship problems explained approximately 40 percent of the association between incarceration and marital dissolution. These findings are consistent with theoretical predictions that a spouse's incarceration alters the rewards and costs of the marriage and the relative attractiveness of alternative partners.     

MAKING IT WORK

With the prevalence of divorce in our country, there is a serious need of services for divorcing families to be readily available and offered in a manner to increase the use of the services. Early intervention with the divorcing family is critical to help alleviate levels of parental conflict and decrease potential litigation. This article is an evaluation of the first year of court-mandated parenting psychoeducational workshops. The results demonstrate the positive effects of the workshops for most divorcing parents in terms of levels of ongoing conflict between parents, children's adjustment as observed by the parents, parents' adjustment, and parents' ability to settle the legal issues of the divorce and keep the children out of the middle of the conflict.     

FAMILY MEDIATION AND NEVER-MARRIED PARENTS

Parents who were never married to each other are increasingly court-ordered to mediate disputes over their children. The author reviewed 441 cases of divorcing and never-married parents to compare their experiences with family mediation. Client situations, adjustments in mediator behavior, and outcomes of mediation such as mediation did occur and agreements reached were compared. Factors external to mediation had a different impact on never-married parents than on divorcing parents. The review indicated never-married parents had a higher no-show rate than that of divorcing parents, yet when never-married parents did appear for court-ordered mediation, they reached agreements at the same rate as divorcing parents. Surprisingly, the never-married parents with a history of violence were more likely to appear for appointments and reach agreements. Overall, with modifications in mediator assumptions and behavior, divorce/family mediation appears to be useful to never-married parents.     

Violent marriages: Gender differences in levels of current violence and past abuse

Military couples mandated for marital violence treatment (n=199) self-reported pretreatment levels of marital violence. This sample is unique in that data from both partners in severely violent marriages were available. Spouses were interviewed conjointly about past and current marital violence, childhood victimization, type of parental violence witnessed, and subjective impressions of childhood emotional and/or physical abuse. Results suggest that in the majority of these couples both husbands and wives reported engaging in acts of current marital violence (83%). However, significant gender differences were found such that husbands were more likely to use severely violent tactics, less likely to receive a marital violence injury, and less likely to report being afraid during the last incident of marital violence than wives. Surprisingly, wives were more likely than husbands to blame themselves for the first incidence of violence in the marriage. Husbands and wives did not differ in the prevalence of witnessing parental aggression, but wives were more likely than husbands to report being beaten as children and to perceive themselves as abused. For both genders, victimization from mother predicted marital perpetration, whereas victimization from father predicted marital victimization.     

Physical,Psychological, and Sexual Intimate Partner Aggression Among Newlywed Couples: Longitudinal Prediction of Marital Satisfaction

This study examined associations between physical, psychological, and sexual intimate partner aggression (IPA) perpetration during the first year of marriage (T1) and victim marital satisfaction one (T2) and two (T3) years later among a sample of 202 newlywed couples. Prevalence rates of all forms of IPA were consistent with those documented in prior research. Higher levels of all types of IPA generally were associated with lower victim marital satisfaction at all time points, when controlling for initial levels of satisfaction. Couples who reported severe bidirectional psychological IPA demonstrated lower husband and wife marital satisfaction at T2 and lower husband satisfaction at T3 than couples who reported husband-only, wife-only, or no psychological IPA. Analyses examining the relative predictive abilities of all forms of IPA perpetration showed that psychological IPA was the most consistent unique contributor of victim marital satisfaction. Study findings highlight the importance of psychological IPA, in addition to physical IPA, in examinations of correlates of marital satisfaction.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

EARLY INTERVENTION MEDIATION

Early Intervention Mediation was a fifteen-month research project conducted at the Court of Domestic Relations of Hamilton County, Ohio. The project's intent was to test the efficacy of the early introduction of mediation to resolve parenting issues. The project involved ordering half of all divorcing parents, who were unable to agree on custody arrangements for their children, to attend mediation within six weeks after filing for divorce. The other half of divorcing parents were a control group who followed existing court procedures. At the conclusion of the project, results were compared between the two groups. In 61% of divorce cases ordered to mediation, parenting issues were fully resolved. Families were spared damaging and costly litigation, and the court reduced judicial hours.     

Who's Your Daddy?: The Marital Presumption of Legitimacy in the Modern World and its Application to Same‐Sex Couples

Recently, the definition of marriage has been significantly altered. No longer do we find ourselves exclusively in the midst of “traditional marriage” between one man and one woman. Instead, everywhere we experience different kinds of marriages and diverse, nontraditional families. The United States has finally caught up to many advanced democracies in universally recognizing same‐sex marriage through the Supreme Court's decision in Obergefell v. Hodges. However, the next question remains unanswered: what about families of same‐sex couples? This Note explores the nature of same‐sex couples, their families, and in particular, their children. It addresses the issue of the marital presumption of legitimacy and encourages its application to all legally recognized married couples regardless of sexual orientation and biology. Even though prior to Obergefell some states were unwilling to apply the presumption, since the implementation of marriage equality, the next logical step would be to utilize the presumption to ensure that all parents, regardless of gender, are recognized and families are preserved.     

The Role of Western Religious Values in Peacemaking for Divorcing Families

Peace (wholeness and integrity) is to be sought as the highest goal in the divorce process, affecting not only the divorcing couple but their family and community as well. The value of “community” found in the three major Western religious traditions suggests that more than just the immediate family should be involved in crafting divorce settlements and that the involvement of clergy may aid in the divorce process, especially in providing rich religious metaphors and exempla to promote peaceful negotiations. Other religious values such as “humanity in the divine image,” “love,” and “the fullness of time” can be useful in working with the divorcing couple to allow their stories to be told, provide time to sort out their complex emotions, and help reduce the impulse to see the other solely as an enemy to be eliminated in battle. “Sin and atonement” can serve an important role in restorative justice, while “the delayed arrival of the divine kingdom” provides a reasonable way to assess what determines success, both for the divorcing couple and for divorce professionals.

Key Points for the Family Court Community:
• Religious values found in Judaism, Christianity, and Islam can be consciously utilized to help divorcing couples separate more peacefully.
• Providing opportunities for each spouse to be fully heard and seen is a crucial component in helping to bring more peace into the divorce process.

     

论中国民法典婚姻家庭编的立法理念与制度新规

《民法典》婚姻家庭编的编纂,根据加强国家对婚姻家庭的保护、倡导重视家庭文明建设、尊重婚姻家庭当事人的意思自治、注重夫妻婚姻家庭地位的平等、注重儿童最大利益原则的贯彻、注意保护婚姻家庭弱者的权益等立法理念,新增或修改补充了24项制度或规则,主要包括:在"一般规定"章中,新增婚姻家庭受国家保护原则,增设婚姻家庭文明建设的倡导性规定,确立最有利于被收养人原则,界定亲属的种类、近亲属和家庭成员的范围;在"结婚"章中,减少禁止结婚和无效婚姻的法定事由,修改补充可撤销婚姻制度,新增重大疾病的如实告知义务、婚姻无效或被撤销无过错方的损害赔偿请求权;在"家庭关系"章中,新增夫妻家事代理权及其限制规则、夫妻共同债务认定规则、婚内析产规则、亲子关系的确认与否认之诉规则;在"离婚"章中,新增离婚冷静期、婚姻关系解除的时间,补充诉讼离婚准予离婚的法定事由、离婚时处理子女抚养问题规则、离婚夫妻共同财产分割原则,修改离婚经济补偿、离婚经济帮助的适用条件,增加离婚损害赔偿法定事由的兜底条款;在"收养"章中,放宽被收养人的年龄和收养子女的人数限制,修改收养人的条件,增加收养评估规则等。     

EFFECTS OF SKILL-BASED VERSUS INFORMATION-BASED DIVORCE EDUCATION PROGRAMS ON DOMESTIC VIOLENCE AND PARENTAL COMMUNICATION

This study used a pre- and postevaluation with a control group to compare the effectiveness of two divorce education programs: skill-based Children in the Middle (CIM) and informationbased Children First in Divorce (CFD). Each treatment group consisted of approximately 125 divorcing parents mandated to attend divorce education in Florida. The control group consisted of 64 divorcing parents not mandated to attend divorce education in Alabama for lack of a program. Treatment and control parents lived in comparable cities with comparable demographics. Results indicate that CIM, not CFD, improved parental communication. Both CIM and CFD reduced child exposure to parental conflict. Neither program had effects on domestic violence, actual parental conflict, or child behavior problems. Across all groups, parents with greater divorce knowledge and communication skills experienced more reciprocal discussions with the other parent, less parental conflict, less domestic violence, and they exposed children to less conflict.     

THE COLLABORATIVE DIVORCE PROJECT: A Court-Based Intervention for Separating Parents with Young Children

The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation/divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.     

Matrimonial Breakdown and the Legal Process: The Limitations of No-Fault Divorce

This paper sets out the factors underlying the policy of no-fault divorce, and questions the attainability of its aims. From the writer's empirical research into the operation of English divorce law, it is argued that legal reforms are not of themselves enough to change the attitudes of divorcing parties to the breakdown of their marriage. Reform should take into account the dynamics of the process of breakdown, in particular, the likelihood that the parties will have different attitudes to the breakdown of the relationship.     

GOING TO COURT AS A LAST RESORT: ESTABLISHING A DUTY FOR ATTORNEYS IN DIVORCE PROCEEDINGS TO DISCUSS ALTERNATIVE DISPUTE RESOLUTION WITH THEIR CLIENTS

This Note advocates for the creation of a uniform ethical requirement that all attorneys in divorce proceedings involving children inform their clients about alternative dispute resolution (ADR), particularly mediation and collaborative law. By emphasizing cooperation and negotiation among the divorcing parents, both mediation and collaborative law offer these would-be litigants the opportunity to move forward with their parental duties long after the divorce is finalized. Using the ABA Model Rules of Professional Conduct as a template, this ethical requirement will ensure that clients are fully informed of the availability of ADR and of the chance to forgo potentially unnecessary litigation. Ultimately, the implementation of an ethical requirement holds the potential to minimize the impact of divorce on children by facilitating the process of moving forward for the family as a whole.