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Divorced from Reality

- Rethinking Family Dispute Resolution
Af: Jana B. Singer, Jane C. Murphy Engelsk Hardback

Divorced from Reality

- Rethinking Family Dispute Resolution
Af: Jana B. Singer, Jane C. Murphy Engelsk Hardback
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Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues.
At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution 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. The authors suggest that 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. To serve the families it is meant to help, the legal system must adapt and reshape itself.

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Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues.
At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution 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. The authors suggest that 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. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Produktdetaljer
Sprog: Engelsk
Sider: 240
ISBN-13: 9780814708934
Indbinding: Hardback
Udgave:
ISBN-10: 0814708935
Udg. Dato: 26 jun 2015
Længde: 0mm
Bredde: 152mm
Højde: 229mm
Forlag: New York University Press
Oplagsdato: 26 jun 2015
Forfatter(e) Jana B. Singer, Jane C. Murphy


Kategori Familieret: ægteskab, separation og skilsmisse


ISBN-13 9780814708934


Sprog Engelsk


Indbinding Hardback


Sider 240


Udgave


Længde 0mm


Bredde 152mm


Højde 229mm


Udg. Dato 26 jun 2015


Oplagsdato 26 jun 2015


Forlag New York University Press

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