Quick Divorce - Motions
Parties may agree to alter default terms provided by statute so long as court approval is granted. Lawyers
should be able to predict, with fair accuracy, if the court will approve. Usually, a quick divorce motion is all
that is required after agreement of the parties. Both state and federal rules apply in
divorce cases although all maters must be filed in state courts. The primary sources of family law are: 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.
The definition of marriage is in a state of uncertainty (and by implication, divorce and child support laws).
An amendment to the U.S. Constitution is probable. The proposed amendment ignited colorful debates in both
houses of Congress. The controversy is not whether the amendment will influence public opinion either direction.
Criticism is more deeply rooted. First, the amendment strips power from state legislatures, state judiciary, and federal
judiciary in an attempt to dilute separation of powers guaranteed by the U.S. Constitution. Secondly, the motive
for Congressional attention upon on the definition of marriage is highly suspect 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 dominating headlines, a bipartisan coalition of state AGs filed suit against the
administration for willful failure to fund national security measures. The federal government promised to
reimburse states for immediate implementation of these measures, yet now denies compensation.
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