Experiences of Family Law Attorneys With Current Issues in Divorce Practice*

摘要: Experiences of Family Law Attorneys With Current Issues in Divorce Practice* A survey was administered at a state bar convention to 72 family law attorneys who reported on their experiences representing total 3,860 clients. Results showed that lawyers believed (a) most losers relocation cases do not or would ultimately move; (b) the Court Masters system seems be helpful families; (c) lawyers' actions often raise emotional level dispute; and (d) divorce custody is biased against fathers. Key Words: attorneys, divorce, family, law, relocation. There strong impetus United States view relationships as an entirely private matter, something members work out largely by themselves without outside intervention unless they seek it. On other hand, many aspects relations are governed legal restrictions, policies, procedures. Because seen have valid interest certain matters, respects it restricts how may act toward one another. Such restrictions especially obvious instance dissolution divorce. (like marriage) familial event, must sanctioned courts valid. For part, based U.S. Constitution interpretations thereof courts, laws concerning families apply level, opposed lower levels jurisdiction, such county, higher federal level. Nonetheless, government has immense influence state-level policy because enormous financial incentives. example, child support each greatly affected opportunity receive Federal Child Support Enforcement funding, but only if hones its complement "guidelines." As result, virtually all states similar use "presumptive guidelines." Moreover, always adjudicated enforced county via superior courts. Therefore practices procedures likely effect countywide. Despite these qualifications, major difference occurs statewide there substantial variations across matters addressed this study. Thus, statutes, constrain two divorcing parties. States' constraints maximal when contested parties been able resolve themselves, submit issues court decide adjudicate. However, surprising incidence happening actually small. Braver O'Connell (1998) report 5% more than 300 examined required judicial rendering decisions, whereas Maccoby Mnookin (1992) figure 1.5% 1,100 cases. It might appear law's constraint remaining cases, which agree various settle decision made legally terminate marriage. In case full agreement between "private ordering" (Mnookin, 1985) dictates settlement affairs, merely bring paperwork judge (generally with no questions asked) typically "rubber stamps" making them binding. (In "agreed-upon" settlements, judge, commissioner, hearing officer, even clerk stamps agreements seal court.) settled backdrop formal setting considerable family. What Erlanger, Chambliss, Melli (1987) term informal processes bargaining negotiation occur "in shadow law" (Mnookin & Kornhauser, 1979. …