Developments in Family Law: The 2005-2007 Term
Supreme Court Law Review, Vol. 38, p. 405, 2007
32 Pages Posted: 29 Jul 2008
Date Written: July 29, 2007
Abstract
In 2005-2007, the Supreme Court rendered four family law decisions, more than in any other two-year period in the past decade. Two of them dealt with child support and two with spousal support. In these four decisions, the Court sent some important signals and rhetorical messages to the profession and to litigants. However, in some respects the decisions were frustratingly vague, and unfortunately may result in more litigation, an especial concern in the family law context where financial pressures, especially on women, may result in unfavorable settlements rather than uncertain litigation, and litigation may further embitter the parties and worsen the lives of their children. There are also aspects of the decisions that seem out of touch with the practice of family law, and it is likely that in regard to these matters practitioners will have to struggle to neutralize their effect.
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