A Review of the Year in Family Law: Erisa, Jurisdiction, and Third-Party Cases Multiply
Posted: 3 Aug 2017
Date Written: 2007
This year federal and state courts heard a large volume of cases involving the Employee Retirement Income Security Act (ERISA). The intricacies of federal pension law require lawyers to be more knowledgeable than simply being able to draft a Qualified Domestic Relations Order. In 2005, census data reveals that for the first time non-marital households outnumber marital households. Instead of using the traditional divorce codes to divide property and determine residential arrangements for children, family lawyers may have to prove a relationship that will support some type of property division or convince a judge to define a "parent" beyond just biological or legal parentage. Courts also balanced parental rights with grandparents, former spouses, cohabitants, and same-sex partners, who alleged de facto parenthood and entitlement to seek visitation with children. In addition, many cases involved jurisdictional conflicts between states and countries.
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