Domestic Relations in the United States

An area of the law that involves family matters. Domestic relations issues affect many people and place substantial volume demands on civil courts. While family law covers both conditions for entering and terminating a marriage, it is the latter that produces those situations that require court intervention. Indeed, divorce cases often represent the largest single category of civil cases. Most states have attempted to lessen the adversarial character of divorce cases by moving to no-fault divorce. Rather than having to establish legal grounds for a divorce, the no-fault approach merely requires both parties to acknowledge the marriage is no longer viable. The no-fault approach, however, has not made other divorce-related issues, such as child custody, levels of child support, and access or visitation matters easier to resolve. On the contrary, disagreements over these matters frequently require extensive involvement of courts and administrative agencies established to support the courts in divorce cases. Once the issues are resolved, the courts retain jurisdiction to ensure that provisions of orders are fulfilled. Courts with jurisdiction over domestic relations matters also deal with paternity actions. In these cases, a claim is made that a man fathered an illegitimate child. If paternity is established, issues such as support are then addressed.

Analysis and Relevance

Domestic relations cases touch issues at the center of many people’s lives. Domestic relations may involve pleasant matters, such as the legal adoption of a child. Generally, however, courts with jurisdiction over domestic relations encounter distressed people looking to terminate the marital relationship or issues associated with that action. Normally, such matters are handled through a hearing process that does not involve a jury. In many jurisdictions, some form of mediation is undertaken before formal hearings, especially if minor children are involved. Once an order or decree is entered, courts retain supervisory authority over the case to ensure full compliance. Most states have established extensive bureaucracies designed to monitor timely payment of child support and the other conditions of the court’s judgment. If a party subsequently requests a change in one or more of the terms of custody, support, or visitation, the court normally will not act without a recommendation from a representative of this supporting bureaucracy.

Notes and References

1. Definition of Domestic Relations from the American Law Dictionary, 1991, California

Domestic Relations in Juvenile Law

In this context, Domestic Relations information is available through this American legal Encyclopedia.

Juvenile and Domestic Relations District Court or J&DR in Juvenile Law

In this context, Juvenile and Domestic Relations District Court or J&DR information is available through this American legal Encyclopedia.