Quick Divorce - Settlements
Just because quick divorce settlements are preferred, complete settlements are far more effective. Errors
valuing accrued retirement benefits, tax credits for children, and liability under notes and executory contracts
may create costly errors. Valuation mistakes often prove costly years down the road.
Regarding Legal Requirements: A wide assortment of sources contribute to the body of "family law."
State and federal requirements must be satisfied, yet all cases maters must be filed in state courts. The most
important sources of family law regulation are: 1) Constitutions, 2) Family Law Codes, 3) State General Civil Statutes, 4) Trial Court
Decisions, 5) Appellate Cases, 6) Supreme Court Cases, 7) Evidentiary and Procedural Rules, 8)
Departmental
Regulations and Policy, and 9) Local Rules of Court. All laws, rules, and policies are subject to change.
Today, the definition of marriage itself is subject to dispute. An amendment to the U.S. Constitution is
likely. Any change will affect all divorce law and child support requirements. The proposed amendment also
ignited hot debate in the House and Senate. The dispute is not the wording of the amendment -- most people
easily conceding few, if any citizens will change behavior because of redefinition.
Criticism runs much deeper. First, the amendment grabs power from state legislatures, state courts, and federal
courts in a naked attempt to undermine separation of powers guaranteed by the U.S. Constitution, and
concentrates power in the Executive Branch. Secondly, the motive
for dedicating Congressional resources on redefinition is highly suspect during a period when
global terrorism, war in Iraq, and war in Afghanistan are represented as ultimate threats to our nation. While the marriage
controversy steals headlines as the election nears, a bipartisan coalition of state Attorney
Generals filed suits against the U.S. Government for refusing to honor federal guarantees of payment for
mandatory security measures provided by states.
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