Also known as:family-law · family laws · domestic relations · matrimonial law
Written by attorneys — see sources below.
The body of law governing marriage, divorce, adoption, child custody and support, paternity, and other domestic relations matters.
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How its tested
Common Examples
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Contingent Fee Barred in Divorce
Francisco Frost hires a lawyer to handle his divorce from Fiona Foster. The lawyer proposes a fee equal to twenty percent of any alimony awarded. The arrangement violates professional conduct rules because the fee is contingent on the amount of support obtained in a domestic relations matter.
Arbitration of Custody Dispute
Francois Fortier and Farah Fox disagree over legal custody of their child after separation. They submit the dispute to an arbitrator under a family law arbitration agreement. The arbitrator resolves the child-related dispute concerning custody and parenting time.
Freya Freeman and Fatou Fall enter an arbitration agreement to resolve their contested child support obligations. The agreement subjects the family law dispute arising under state domestic relations law to private arbitration.
State Authority Over Marriage
A state enacts a statute defining marriage and child custody rules. Federal legislation attempting to regulate the same domestic relations issues is challenged as exceeding congressional power because family law remains an area of traditional state sovereignty.
United States v. Lopez514 U.S. 549 (1995)
In March 1992, Alfonso Lopez, Jr., a twelfth-grade student at Edison High School in San Antonio, Texas, arrived at school carrying a concealed .38-caliber handgun and five bullets. Acting on an anonymous tip, school authorities confronted Lopez, who admitted possessing the weapon. Local police arrested him and charged him under Texas law with firearm possession on school premises.
The following day, state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him on one count of knowing possession of a firearm at a school zone. Lopez moved to dismiss the indictment, arguing that the statute exceeded Congress's power to legislate control over public schools.
The district court denied the motion, concluding that the statute was a constitutional exercise of Congress's power to regulate activities affecting commerce because the business of schools affects interstate commerce. After a bench trial, the court found Lopez guilty and sentenced him to six months' imprisonment and two years of supervised release.
Lopez appealed to the Court of Appeals for the Fifth Circuit, which reversed the conviction, holding that the statute was beyond Congress's power under the Commerce Clause. The Supreme Court granted certiorari to review the case.
After a divorce decree awards life insurance proceeds to an ex-spouse, a state statute automatically revokes the designation. The plan administrator refuses to honor the state rule, claiming ERISA preempts the family law provision.
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Donna Rae Egelhoff was married to David A. Egelhoff. Mr. Egelhoff was employed by the Boeing Company, which provided him with a life insurance policy and a pension plan. Both plans were governed by ERISA, and Mr. Egelhoff designated his wife as the beneficiary under both.
In April 1994, the Egelhoffs divorced. Just over two months later, Mr. Egelhoff died intestate following an automobile accident. At that time, Mrs. Egelhoff remained the listed beneficiary under both the life insurance policy and the pension plan. The life insurance proceeds, totaling $46,000, were paid to her.
Respondents Samantha and David Egelhoff, Mr. Egelhoff's children by a previous marriage, are his statutory heirs under state law. They sued petitioner in Washington state court to recover the life insurance proceeds. In a separate action, respondents also sued to recover the pension plan benefits.
The trial courts, concluding that both the insurance policy and the pension plan "should be administered in accordance" with ERISA, granted summary judgment to petitioner in both cases. The Washington Court of Appeals consolidated the cases and reversed. Applying the statute, it held that respondents were entitled to the proceeds of both the insurance policy and the pension plan. The Supreme Court of Washington affirmed.
Courts have disagreed about whether statutes like that of Washington are pre-empted by ERISA. The Supreme Court granted certiorari to resolve the conflict.
A state seeks to adjudicate a minor delinquent in a proceeding that could result in commitment to a state facility. The court applies the beyond-a-reasonable-doubt standard because the proceeding carries consequences comparable to adult criminal sanctions.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
During a 1967 adjudicatory hearing conducted pursuant to section 742 of the New York Family Court Act, a judge in New York Family Court found that the twelve-year-old appellant had entered a locker and stolen one hundred twelve dollars from a woman's pocketbook. The petition which charged appellant with delinquency alleged that his act, if done by an adult, would constitute the crime or crimes of larceny. The judge acknowledged that the proof might not establish guilt beyond a reasonable doubt but relied on section 744(b) of the New York Family Court Act, which provides that any determination at the conclusion of an adjudicatory hearing that a juvenile did an act or acts must be based on a preponderance of the evidence.
After a subsequent dispositional hearing, appellant was ordered placed in a training school for an initial period of eighteen months, subject to annual extensions of his commitment until his eighteenth birthday, six years in appellant's case. The Appellate Division of the New York Supreme Court, First Judicial Department, affirmed without opinion. The New York Court of Appeals then affirmed by a four-to-three vote, expressly sustaining the constitutionality of section 744(b). The Supreme Court noted probable jurisdiction.
What areas of domestic relations does family law cover?
Family law covers marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, and juvenile delinquency.
Why are contingent fees prohibited in domestic relations matters?
Model Rule 1.5(d)(1) bars any fee in a domestic relations matter contingent on securing a divorce or on the amount of alimony, support, or property settlement because such arrangements risk distorting lawyer advice on sensitive personal decisions.
Supporting sources
What constitutes a child-related dispute under the Uniform Family Law Arbitration Act?
A child-related dispute includes contested issues of legal or physical custody, parenting time, visitation, or financial support regarding a child.
Supporting sources
What is a family law dispute under the Uniform Family Law Arbitration Act?
A family law dispute is any contested issue arising under the family or domestic relations law of the state.
Supporting sources
514 U.S. 549 (1995)
…reasoning, Congress could regulate any activity that it found was related to the economic productivity of individual citizens: family law (including marriage, divorce, and child custody), for example. Under the theories that the Government presents in support of § 922(q), it is difficult to perceive any limitation on federal…