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Abstract:
This article examines the state and federal laws that govern the rights of former spouses and third-party creditors in cases [. . .] where debts incurred during marriage are allocated at the time of divorce to a spouse who subsequently declares bankruptcy. The legal relationships established among the parties in these circumstances, under all of the relevant federal and state doctrines, are complex. This article examines and attempts to solve the recurring analytical problems that have arisen in cases where the spouse to whom marital debts were allocated at the time of divorce subsequently declares bankruptcy.

divorce, bankruptcy, marital debts, allocation of marital debts, marital creditors

Abstract:
As a general rule, the legal system intends the parent-child status to be permanent. Whatever the realities of the relationship between a biological or adoptive parent and his or her child as it unfolds over the years, in the eyes of the law, the connection is important and lasts until the death of either party. This Article focuses on the phenomenon of parents seeking to terminate the relationship status earlier, most often before their children reach adulthood. As described at length herein, two legal doctrines govern in this area: the termination of parental rights statutes enacted in every jurisdiction and the abrogation of adoption doctrine. The Article takes the position that the second of these doctrines, which sets out unique standards for the annulment or abrogation of adoption decrees, should be abolished.

adoption, adoption annulment, adoption abrogation, termination of parental rights

Abstract:
Concerns about the institution of marriage have worked to slow the development of a legal status for unmarried, opposite sex couples in the United States. Many forces have shaped the development of law in this field. First, historically, in our Anglo-American tradition, non-marrital cohabitation was viewed as immoral and socially unacceptable. This viewpoint found expression, for example, in widely enacted state criminal cohabitation statutes.

The first Part of this Article focuses on the criminal regulation of unmarried cohabitation, highlighting its present day ramifications for unmarried couples. Notably, state lawmakers have repealed the criminal cohabitation statutes in all but a handful of states, and the constitutional validity of the remaining regulations is highly questionable. In the modern context, the matter of family status recognition for cohabiting couples, discussed next in Part II, is the more significant issue. Still, the criminal regulation of unmarried cohabitation, and the perception of immorality and unacceptability embodied therein, remains the backdrop against which the matter of family status recognition must be understood.

Part II of this article begins by summarizing the current state of the law regarding status recognition for opposite sex cohabitants. Briefly stated, cohabitating couples receive limited recognition under Marvin v. Marvin contractual doctrines, domestic partnership laws, and occasional statutes and judicial opinions assigning a specific right or duty to the cohabiting relationship. The remainder of Part II explores reasons for the widespread failure to recognize and regulate unmarried cohabitants, reflected in this summary of current law.

The issue of recognition for unmarried cohabitation by opposite sex couples as a legal family status is an important one. The publication of the Principles of the Law and Family Dissolution by the American Law Institute in 2002 has reignited discussion about the appropriate treatment of unmarried couples in the family law system. Furthermore, the current debate in the United States about legal recognition for same sex partners has inevitably focused additional attention upon the general category of unmarried cohabitants. This Article identifies and analyzes the likely points of discussion in the unfolding debates about legal recognition and regulation for marriage-eligible cohabitants.

unmarried couples, legal status, unmarried cohabitants, status recognition, family law system, marriage-eligible cohabitants

Abstract:
The "third parties" who inspired this symposium are categories of adults who form de facto family ties with children to whom they do not stand in the relationship of legal parent. In the eyes of the law, the status of parenthood is generally restricted to biological and adoptive parents. Within this frame of reference, stepparents constitute a major category of "third parties" who develop relationships with their stepchildren but are not regarded as legal parents.

In spite of the long history of stepfamily issues in the legal arena, and the increased demand for regulation in recent decades, little progress has been made in establishing a clear or consistent legal definition of the stepparent status. The state of the law in this area and the reasons for the slow development of a legal status for stepparents are discussed at length in Parts III through VI of this article. Prior to that discussion, Part II presents demographic information about stepfamilies in the United States, derived from the 2000 census, and explores the meaning of the term "stepparent" in the census survey and in the law.

stepparents, third parties, stepparent status, stepparent-child relationships, stepparent adoption, support, custody, visitation

Abstract:
This chapter appears in a volume that treats the processes of divorce and relationship dissolution from the perspective of various disciplines. The focus in this chapter is on the legal aspects of dissolving a marriage or other adult relationship. The decision of spouses to terminate their marriage relationship marks a time of dramatic transition for the members of their family. The legal system, which generally respects the privacy of intact families, becomes involved with the various aspects of the family in the context of a marriage dissolution. Thus, the rules of law in each state govern the grounds for divorce, the economic rights of the spouses, and important child-related issues in the divorce context. In formulating these rules, state lawmakers must balance the sometimes conflicting interests of individual family members, the family as a unit, and the larger society. Given the importance of the interests at stake, the many and ongoing changes in modern family life, and public awareness of the laws in this field, the relevant rules of law are much discussed and often revised. The related topic of dissolution of unmarried, cohabiting relationships presents a different picture. Outside the limited but growing number of local and state domestic partnership laws, unmarried cohabitation is not a status recognized by the legal system. The courts generally become involved in the unwinding of a nonformalized cohabiting relationship only if the partners raise economic claims based on the existence of a contract or issues involving the welfare of their children. In this field, lawmakers must formulate rules that involve an appropriate degree of state involvement in the affairs of the family and most appropriate forms of regulation.

divorce, alimony, spousal maintenance, equitable distribution, custody, premarital contracts

Abstract:
This chapter appears in an interdisciplinary volume that describes the relationships of unmarried couples. The focus in this chapter is on some of the financial rights and responsibilities imposed by state laws upon unmarried partners. It explores the current state of the law regarding several important financial issues that arise between members of the nontraditional family headed by an unmarried cohabiting heterosexual couple: the child support obligations of the unmarried partners to their children, the economic rights of the partners when they dissolve their relationship, and the rights of the surviving partner and children following the death of one partner. As to each topic discussed, the current rules are analyzed in terms of the various policy goals of the state that operate in the field of family law.

unmarried couples, cohabitation, economic rights, inheritance