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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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