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Divorced from reality : rethinking family dispute resolution

Author: Jane C Murphy; Jana B Singer
Publisher: New York : New York University Press, [2015]
Series: Families, law, and society series.
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which  Read more...
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Document Type: Book
All Authors / Contributors: Jane C Murphy; Jana B Singer
ISBN: 9780814708934 0814708935
OCLC Number: 899215634
Description: viii, 219 pages ; 24 cm.
Contents: Historical overview --
The critique of the adversary system and the new paradigm as a response --
Expanded courts with diminished legal norms --
The new vision meets the new family --
From gladiators and umpires to problem-solvers and managers --
The influence of comparative and international family law --
Creating a twenty-first-century family dispute resolution system --
Notes.
Series Title: Families, law, and society series.
Responsibility: Jane C. Murphy and Jana B. Singer.

Abstract:

"Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.

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"This is an important book about a "velvet revolution" in the resolution of family law disputes over last thirty years that has taken place without much public attention. Singer and Murphy Read more...

 
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