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Court decisions create divorce case laws, from both state and federal courts. Additional sources of applicable law include 1) State Constitutions, 2) Family Codes, 3) State General Statutes, 4) Trial Court Verdicts, 5) Appellate Court Decisions, 6) Supreme Court Decisions, 7) Rules of Civil Evidence, 8) Rules of Civil Procedure, 9) Agency Regulations, and 10) Local Court Rules. All applicable laws are subject to amendment, repeal, and supplementation. Even the U.S. Constitution affects each individual seeking dissolution in local state courts.

The U.S. Constitution definition of marriage (and implicitly divorce and child support laws) are now under revision. The proposed amendment sharply divided members in both houses of Congress. The controversy was not whether the amendment will influence public opinion in either direction. Criticism is two fold. First, the amendment strips power from state legislatures, state courts, and federal courts in an attempt to weaken separation of powers guaranteed by the U.S. Constitution. Secondly, the motive for Congressional attention focused on the definition of marriage is highly questionable during a time when global terrorism, conflict in Iraq, and conflict in Afghanistan are represented as eminent threats to national security. Currently, while the marriage debate continues catching headlines, a bipartisan coalition of state Attorney Generals filed suits against the federal government for the failure to fund national security measures.

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