Domestic Relations and Immigration

Syllabus and Course Guide

WEEKLY ASSIGNMENTS:

Each week (on Monday or Tuesday), an assignment will be posted to the course message board. Students are responsible to complete at least three of the posted assignments for the course. They will be graded, and they will count for 30% of the student’s grade for the course. If you complete more than three assignments, the best three of your assignment submissions will be graded. Assignments completed beyond the third one will also count as extra credit. Assignments can posted to the message board or can be submitted privately from the section on the student menu entitled “Assignments, Exam Grades and Transcripts.” Assignments must be submitted within fourteen days of the last day of the course for the student to receive credit for the assignment.

Each submitted assignment will be graded on the following scale:

3 – Excellent

2 – Good

1 – Acceptable

0 – Not Acceptable (must re-submit)

In addition, feedback will be posted by the instructor for each assignment that has been submitted.  

GRADING:

Each student who completes the requisite assignments and exams will be given a letter grade upon completion of the course. The course will be graded on the following basis:

            Midterm Exam: 35%

            Final Exam: 35%

            Assignments: 30%

For more information on Grading, Exams and Assignments, please see the PTI Grading Policy.

Lecture and reading assignments schedule:

CLASS ONE

This class begins with a brief historical overview of the area of domestic relations law. Included in this discussion is review of the sources of family law and the intersection of family law with the U.S. Constitution and women’s historical status in the family. Next, we will review the types of contracts available to parties contemplating marriage, including the requirements needed for enforcement of premarital agreements and antenuptial contracts. Additionally, we analyze post-nuptial agreements and how a breach of the promise to marry is handled. Lastly, we evaluate cohabitation agreements for individuals who choose to live together rather than get married.

Reading:

Chapter 1: Introduction to Domestic Relations Law

A. Brief History of Domestic Relations Law

B. Premarital Agreements/Antenuptial Contracts

C. Cohabitation Agreements

CLASS TWO

This class will focus on the formalities of marriage, specifically what it takes to achieve a valid marriage. Next, we will analyze the legal effects of an invalid marriage, including the steps needed to correct the problem. These rules become more complicated when more than one state’s laws are involved; therefore, we briefly discuss how to resolve these conflicts of law. For those parties who do not wish to formalize their union officially, we will discuss common law marriage, including where it is recognized and what steps are needed to make it effective. For same-sex couples, we discuss what options are available to them. Lastly, we finish with a discussion of what is required to annul a marriage.

Reading:

Chapter 2: Marriage

A. Formal Marriage

B. Common Law Marriage

C. Same Sex Marriage

D. Annulment

CLASS THREE

This class will focus on various issues involved in parenthood. First, we start with a discussion of how to establish paternity, touching on the topics of legitimacy, constitutional protections, presumptions and what role DNA testing plays in the process. Next, we turn to how assisted reproduction can help infertile couples achieve their goals to become parents. The various methods, such as in vitro fertilization, artificial insemination and surrogacy are explored, including discussion as to the legal ramifications of each decision. Next, unmarried father’s rights are discussed, specifically, how their rights have evolved over the years via numerous court challenges. As an alternative to the other methods discussed, the area of adoption is explored, including the various types of adoption and the steps needed to complete the process. Lastly, we discuss termination of parental rights, whether it is done voluntarily or involuntarily. Included in this discussion is what happens with the children after the proceeding.

Reading:

Chapter 3: Parenthood

A. Establishing Paternity

B. Assisted Reproduction

C. Unmarried Father’s Rights

D. Adoption

E. Termination of Parental Rights

CLASS FOUR

In this class will begin our discussion of the dissolution of the marriage. Initially, we will talk about divorce, starting with a preliminary step to a final divorce decree—separation agreements. Next, we tackle the steps needed to obtain a divorce, namely jurisdictional issues, such as residency requirements and what happens if the other party is not involved in the proceeding. After that, we will discuss the various grounds for divorce, including the historical requirement of “fault” on the part of one of the parties for a divorce to be granted, as contrasted with the modern trend of allowing “no fault” divorces.

Reading:

Chapter 4: Dissolution of the Marriage: Divorce

A. Nature of Divorce

B. Divorce Jurisdiction

C. Fault vs. No-Fault Divorce

CLASS FIVE

In this class, we look at the financial aspects of divorce, mainly, how courts divide the property acquired by both parties, both before and during the marriage. We will also discuss alimony and the potential responsibility to support a divorced spouse after the dissolution of the marriage. Finally, we will look into some tax considerations that affect the payment and receipt of alimony and other spousal distributions

Reading:

Chapter 4: Dissolution of the Marriage: Divorce

D. Financial Aspects of Divorce

Midterm Examination

CLASS SIX

In this class we will continue our discussion of dissolution of the marriage, but instead focusing on child custody and support issues. First, we start with a discussion of the standards courts use to make custody decisions, touching on joint custody and how to modify an agreement once it has been issued. Jurisdictional issues can get complicated if the parties are residents of different states. Accordingly, we discuss which jurisdiction is the proper forum to hear and decide custody issues. Next, we look at visitation, including the various federal statutes available to thwart one parent’s desires to keep the other parent away from the children. The last topic discussed is child support, reevaluating some of the overlapping issues discussed in the section on child custody. The guidelines for determining child support, including jurisdiction over child support orders and how to enforce child support orders are reviewed as well.

Reading:

Chapter 5: Dissolution of the Marriage: Child Custody and Support

A. Child Custody

B. Visitation

C. Child Support

CLASS SEVEN

In this first class on immigration law, we will start with a discussion of the history of immigration in the U.S., including coverage of the constitutional sources of immigration law. Next, we focus on the agencies involved in administering immigration law. First, we briefly review the former agency that was in charge of this function—Immigration and Naturalization Service. Next, we go into detail about the successor agency—Department of Homeland Security and its various branches—that was conceived after the September 11, 2001 terrorist attack. Lastly, we delve into the specific statutes that govern immigration issues, as contained in the Immigration and Nationality Act, including a survey of the various administrative and court decisions that also affect immigration law.

Reading:

Chapter 6: Introduction to Immigration Law

A. Historical Overview

B. Agencies Involved in Administering Immigration Law

C. Immigration and Nationality Act (“INA”)

CLASS EIGHT

This class focuses on gaining entry to the U.S. Certain entrants do not require a visa; others must obtain visas before entering the U.S. Specifically, we discuss the different types of visa categories, namely the types of nonimmigrant (temporary) and immigrant (permanent) categories. In addition, we review the requirements for entrants classified as refugees or those seeking asylum. Next, we tackle admission issues, such as various grounds for inadmissibility. Furthermore, admission procedures will be covered, including the newly enacted U.S.-Visit Program, how to protect one’s status upon re-entry after traveling abroad and the revised ITIN application procedure. Lastly, we cover removal procedures, such as grounds for deportability and removal proceedings. Relief options and the convention against torture are discussed as well.

Reading:

Chapter 7: Gaining Entry to the U.S.

A. Visa Waiver Program

B. Visa Categories

C. Admissions Issues

D. Removal Procedures

CLASS NINE

The last class on this subject focuses on staying in the U.S. permanently. Initially, we cover what qualifies someone as a citizen. Next, we delve into the methods available to change one’s immigration status, which differs depending on whether the individual is in the U.S. or abroad at the time. Lawful permanent residence is the next topic, including discussion of the different methods to qualify, be it via a family member, employment, investment or the diversity lottery. Special consideration is given to the Violence against Women Act. Furthermore, the role of the Department of Labor in the process is explored in our discussion on labor certification. Lastly, the naturalization process is discussed, including eligibility requirements, application procedures and waivers, exceptions and special cases.

Reading:

Chapter 8: Staying in the U.S. Permanently

A. Citizenship

B. Change in Immigration Status

C. Lawful Permanent Residence (“LPR”)

D. Labor Certifications

E. Naturalization

Final Examination