Family Law
Professor Glesner Fines
Fall 2007
Course Syllabus

Slideshows

Adoption

TPR

Visitation

Monday, August 20 Introduction

Complete the Active Listening Skills CALI Lesson

Wednesday, August 22 Definition of Family

• Read pages 13-25
• Prepare argument from portion of Petition against City of Black Jack Mo (PDF)

Monday, August 27 Control of Property During Marriage

• Review Read Glesner-Fines, Ownership of Property During Marriage in Missouri
• Read Text pp. 34-39, 44-51, 77-85, 63-67
• Note on Missouri law of Necessaries: Traditionally, the Missouri doctrine required the husband to pay for the necessary expenses of his wife.  Medical Services Ass'n v. Perry, 819 S.W.2d 82, 83 (Mo. App. 1991). The doctrine is now gender neutral and applies equally to require each spouse to pay for the necessaries of the other spouse. When such payment is refused, recovery for necessaries can be sought directly by the spouse, Hulse v. Warren, 777 S.W.2d 319 (Mo. App. 1989), or by the provider of the necessary services,  Medical Services Ass'n, 819 S.W.2d at 83. Where spouses have separate assets, the spouse receiving the necessaries is primarily responsible and liable to providers of the necessaries. The other spouse is secondarily liable and, thus, only incurs liability once all of the assets of the primarily liable spouse are exhausted. Hulse v. Warren, 777 S.W.2d 319 (Mo. App. 1989).

Wednesday, August 29 Contracts During Marriage

• Read pp. 98-112
• Study Mo. Rev. Stat. 452.330

Wednesday, September 5 Violence in the Family

• Study pp.113-118; 131-140
• Read Mo. Stat. §§ 565.074; 455.010; 455.050; 455.085;
• Prepare a petition for an order of protection (Download Court Forms in PDF format)

To read more about it, visit the websites of the National Coalition Against Domestic Violence or the ABA Commission on Domestic Violence

Monday September 10- Wednesday September 12

Substantive Restrictions on Marriage

• Study pp. 176-218
• Study Mo. Rev. Stat. § 451.040; 451.020; 451.090; 451.010, 451.022; 451.030
• Read Blair v. Blair, 147 S.W.3d 882 (W.D. Mo. App. 2004)

(I expect that you have probably read one or more of these cases in your Constitutional Law class. If your understanding of the basic doctrines of due process and equal protection needs some refreshing, I recommend reviewing Professor Doug Linder’s web pages on constitutional law or your own course outlines. To read more about the status of same-sex marriage issues, see the Pew Research Center )

Monday September 17 Common law marriage and cohabitation

• Study pp. 229-246, 246-60

REVIEW PROBLEM SET

Wednesday September 19 Divorce

• Study pp. 287-93, 306-08, 311- 23
• Study Mo. Rev. Stat. §§ 452.300, 452.305, 452.310, 452.315 452.320
• Prepare the petition for a dissolution in Jackson County, Missouri for a hypothetical law school couple who married during their first year and are divorcing during their third year. No children, no property, some debt for both, no maintenance claim for either. (All the other forms you need for a dissolution are available at the Jackson County Court website but you won’t find a petition there. Try writing one from scratch, just using the statutes.)

Monday September 24 Property Division

• Study pp. 398-412
• Study Mo. Rev. Stat. §452.330

Wednesday September 26 Characterization

• Study pp. 412-430
• Study the Following Missouri cases on Property Division

1. In Re Studyvin, 779 S.W.2d 338 (Mo. App. 1989)
2. Hoffman v. Hoffman, 676 S.W.2d 817 (Mo. 1984);
3. Meservy v. Meservy, 841 S.W.2d 240 (Mo. App. 1992);
4. Box v. Box (Mo. 1999)
5. Tullier v. Tullier (Mo. 1999)

Monday October 1 New Property

• Study pp. 459-500

Monday October 8 Alimony

• Study pp.430-459, 557-566
• Study Mo. Rev. Stat. 452.335; 452.370

Wednesday October 10

Practice Problem

Monday October 15 Parents

• Study 839-41, 850-67

Wednesday October 17 Paternity

• Study pp. 867-68, 868-77, 899-911
• Using Mo. Rev. Stat. § 210.818-852 and the statutes cited in the problem set, prepare answers to Paternity Problem set

Monday October 22 Adoption

• Study pp. 943-981
• Skim Mo. Rev. Stat. Chapter 453

(Slideshow from class)

Wednesday October 24Termination of Parental Rights

• Study Mo. Rev. Stat. §§ 210.110 and 211.447
• Review Mo Bar J Article on Termination of Parental Rights

To read more about it see the websites of the National Clearinghouse on Child Abuse and Neglect Information or the The Child Abuse Prevention Network

Monday Ocrober 29 Custody Standards & The Effects of Divorce on Children

• Study pp. 634-660
• Read MU Extension Service Paper on Children’ Understandings of Divorce

Wednesday October 31 – Monday November 5 Custody Factors

• Read Mo. Rev. Stat. §§ 452.375, 452.385,
• Study pp. 660-94

Wednesday November 7 Visitation/ Modification

• Read Mo. Rev. Stat. §§ 452.410, 452.385, 452.377; 452.400,
• Study pp. 695-723

Monday November 12 Child Support

• Study pp. 501-11, 524-33, 533-42
• Read Mo. Rev. Stat. § 452.340, 452.370,
• Mo. Supreme Court Rule 88.01

Wednesday, November 14 Modification

• Study pp. 549-56, 566-78

Monday November 26 Enforcement

• Study pp.578-602

Wednesday November 28 Taxes & Bankruptcy

• Study pp. 602-619