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    Family Law Legal Research Blog

    Brett R. Turner

    Recent Posts

    FAMILY LAW: How Not to Use Out-of-State Authority When Writing an Appellate Brief

    Posted by Brett R. Turner on Thu, Jun 11, 2015 @ 15:06 PM

    The Lawletter Vol 40 No 4

    Brett Turner, Senior Attorney, National Legal Research Group

         A recent Utah Supreme Court decision sets forth a good example of how not to use out-of-state authority when writing an appellate brief on a question of first impression. Johnson v. Johnson, 2014 UT 21, 330 P.3d 704.

         In a divorce case, the court issued an order dividing the husband's military pension, but the wife never obtained the qualified order necessary to have the military pay a portion of the pension directly to her. Some years after the divorce, she petitioned for such an order. The husband argued that she had waited too long, and that her request was barred by laches. The trial court prospectively granted the wife's request, and the husband appealed.

         There was no Utah authority directly on point, so the husband cited two New York cases. The court was not unwilling to look outside Utah, but it criticized the manner in which the New York cases had been discussed, and ultimately dismissed the laches issue on grounds of insufficient briefing.

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    Topics: family law, Brett R. Turner, The Lawletter Vol 40, No 4, using out-of-state cases in appellate brief, appellate procedure, relate out-of-state law to general principles

    FAMILY LAW: Spousal Support in No-Guideline States

    Posted by Brett R. Turner on Thu, Mar 19, 2015 @ 08:03 AM

    Brett Turner, Senior Attorney, National Legal Research Group

         No field of family law is as diverse or controversial as that of support payments made by one spouse for the support of the other after a marriage has ended in divorce. The law in this area is so divided that the states cannot even agree on the name of the payment. Some states use the traditional name, "alimony." Other states follow the lead of the Uniform Marriage and Divorce Act and call the payment "maintenance." Still other states call the payment "spousal support."

         Disagreement over the label is matched by disagreement over the purpose of the payments. Most states recognize several different types of spousal support. Traditional support is awarded after a long-term marriage so that the less wealthy spouse does not suffer a drop in living standard. Rehabilitative support is awarded when it will help the less wealthy spouse to develop a higher earning capacity. It differs subtly from time-limited support, which is awarded when the marriage was not long enough to justify a traditional support award. Reimbursement support is awarded when one spouse made contributions during the marriage to the other's earning capacity, such as by supporting a spouse through graduate or professional school. Some states even recognize transitional support to bridge the gaps between other forms of support.

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    Topics: family law, spousal support, no-guidelines states

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