Divorced from Reality: Rethinking Family Dispute Resolution

Divorced from Reality: Rethinking Family Dispute Resolution (Families, Law, and Society Book 5)

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 â€œadversaryâ€ 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 â€œproblem-solvingâ€ model in which courts attempt to resolve both legal and non-legal issues.Â
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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 childrenâ€™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.Â Â
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InÂ 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 todayâ€™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 partiesâ€”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.
Country USA
Manufacturer NYU Press
Binding Kindle Edition
ReleaseDate 2015-06-26
Format Kindle eBook

Country	USA
Manufacturer	NYU Press
Binding	Kindle Edition
ReleaseDate	2015-06-26
Format	Kindle eBook

Divorced from Reality: Rethinking Family Dispute Resolution (Families, Law, and Society Book 5)

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