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Best Research Resources on Family Law
(February 2000) While it is true that every field of law has become increasingly complex, family law has expanded to include several areas regulated by federal law, as well as the usual proliferation and changes in state law. Moreover, there are important differences between domestic relations cases and almost every other form of civil case. The litigants will usually remain involved with each other, not just during the litigation, but long after the gavel has fallen. Divorce affects the rights of three generations at once-parents, children, and grandparents. The court retains jurisdiction explicitly over these issues, as well as over many future financial matters. Thus, there are special considerations in drafting, knowledge of long-term consequences of property settlements, and ethical issues that require careful thought and research. Fortunately, as complex as the field has become, there are excellent resources available on all aspects of family law practice. Major Treatises There are two major treatises written for Michigan practitioners. The first, ICLE's Michigan Family Law, edited by Scott Bassett, Judith A. Curtis, and Sherri L. Katz, was first published in 1978. It is now in its fifth edition and is supplemented annually. Its two volumes contain a basic, yet scholarly, discussion on every major topic likely to be encountered, as well as forms (on disk and in hard copy) and practice tips. It would be hard to imagine practicing in the field without consulting this book on an almost daily basis. A 1997 entry into the field was the West Group's three-volume Michigan Family Law and Practice, edited by Richard S. Victor. In addition to the basic substantive topics, this book contains important material on parent education programs and protecting children of divorce, areas where the editor has contributed pioneering work and gained national recognition. The bibliographies at the beginning of each chapter are excellent. Periodicals The State Bar of Michigan Family Law Section produces an indispensable monthly publication called the Michigan Family Law Journal. For the nominal cost of section membership, the Journal makes available case updates; important unpublished decisions; articles on evolving legal, political, and ethical issues; and a monthly column on "Tax Trends & Developments" by Joseph Cunningham that is "required reading." The Michigan Bar Journal also publishes this annual family law issue containing case summaries and articles covering recent developments in the law. Benchbooks Every family court judge and referee in Michigan received a copy of ICLE's Michigan Family Law 5th ed in 1998. In 1999, ICLE published the Michigan Family Law Benchbook. While this will not supplant the other book on most judges' desks, the Benchbook contains checklists and summary discussions that are a quick reference and should not be overlooked. Practitioners should also watch for the next edition of a little-known manual published by the Oakland County Friend of the Court, the Family Law Trial Book for Michigan Referees. It includes a comprehensive list of cases for each custodial factor. It is now out-of-print, but a new edition is expected to be available in the spring of 2000. Contact the Oakland County Circuit Court for information closer to that time. Seminars & Practice Manuals The State Bar of Michigan Family Law Section has several excellent seminars every year. The printed course materials are excellent. Announcements and publications available are listed in the monthly publication of the section. ICLE produces and publishes a number of seminars and course materials each year. The seminars are available live and on videotape throughout the state. The course materials can be purchased separately. There is an annual Child Custody, Child Support & Parenting Time Update, as well as seminars on topics such as QDROs, drafting, taxation, and discovery of assets. Hanley Gurwin’s Drafting Michigan Family Law Documents (2/99) will not go out of style. In addition, for the last three years, ICLE has included "How to Handle a Divorce" as a part of its "Foundations of Michigan Law" course, usually held in February each year. This seminar and course materials are a must for new lawyers or lawyers expanding their practice to include divorce, as a surprisingly large number are doing in the post-tort reform era. A list of recent manuals and seminars is available by contacting ICLE, 1020 Greene St., Ann Arbor, MI 48109-1444, phone (877) 229-4350, fax (877) 229-4351, or by checking the ICLE website at www.icle.org Ethics & Civility Both of the major treatises previously discussed contain good sections on ethics and malpractice avoidance. There is also a very thoughtful publication that describes optimal ethical behavior and suggests that matrimonial lawyers consider the best interests of children regardless of which family member they represent. The booklet is called Bounds of Advocacy and is available from the American Academy of Matrimonial Lawyers, 150 N. Michigan Ave., Ste. 2040, Chicago, IL 60601, phone (312) 263-6477. The pamphlet contains civility standards that, if more commonly practiced, would vastly improve the process and results in family court. Federal Law
There are at least six areas of domestic relations practice now governed primarily by federal statutes. These areas are listed below with some suggestions on where to start. Bankruptcy Controls dischargeablity of marital debt; property settlements; spousal support. Pensions Laws regulating pension plans, pension valuations, and criteria for qualification of QDROs. Health Insurance Extensions-COBRA Requires most private employers with 20 or more employees to offer continued coverage (note time deadlines to elect coverage and for coverage period). Parental Kidnapping
The Hague Convention
Taxation
Books for Clients
Divorce Survival Custody; Parenting Time There is also a helpful video, SMILE (Start Making It Liveable for Everyone), available from Richard S. Victor, 100 West Long Lake Rd., Ste. 250, Bloomfield Hills, MI 48304. Internet
That said, there are some Internet sites for lawyers and clients that can be recommended. Also, both Westlaw and Lexis have specialized databases in their online library services. Key sites specific to Michigan include: Sites with information pertinent to the federal area include: The following sites for associations and discussion groups are also recommended: Use of these sites and resources can provide useful information that supplements the other sources of information mentioned in this article. Sherrie L. Katz practices family law in Flint and serves as a Genesee County Family Court Referee. She is a member of the Genesee County Bar Association, the American Inns of Court, the State Bar of Michigan, and the ICLE Family Law Advisory Board. For two terms, she was regional chair of the Women Lawyers Association of Michigan. Ms. Katz received the 1997 National Association of Career Women's Pioneer award from Just For Her Magazine. She has taught a number if ICLE courses on subjects such as family law document drafting; foundations of divorce practice; and child custody, support and visitation. |
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