MASSACHUSETTS SCHOOL OF LAW at ANDOVER
-------SYLLABUS for FAMILY LAW
FALL 2014
Attorney Jeanne E. Condurelli
Condurelli @ MSLaw ● EDU
The strength of a nation derives from the integrity of family. – Confucius
Course Materials Required:
Family Law- Cases and Materials – Areen & Regan- 6'th Edition 2012
Massachusetts Cases and Materials – See Additional Cases List*
I. Marriage
Marriage is that relation ... in which the independence is equal, the dependence is
mutual and the obligation reciprocal. - Louis K. Anspacher
Week 1

August 18th – What is a family? What is family law? Why marry?
pp. 1 – 17 and 49-59; the right to marry and challenges thereto, pp. 60-87;
In RE: May’s Estate, (Cited on Additional Cases List); Moe v. Dinkins, 669
F.2d 67, (1982); Cases: Loving at p. 133; Zablocki at p. 139; and Turner at
p. 148; MGL ch. 207, sec. 1, 2 and 3.
Week 2

August 25th - Substantive and procedural requirements of a valid marriage
and impediments thereto, M.G.L. ch. 207, secs. 1-11; M.G.L. ch. 207, sec.
25; sexual preference and restrictions on marriage pp. 87-99; Opinion of the
Justices (Goodridge), U.S. v. Windsor (Additional cases list) and 122-125;
Article by Pamela S. Karlan, p. 160-162;Other restrictions on marriage 130132 and 162-173; remedies for an invalid marriage, M.G.L. ch. 207, sec. 14.
Week 3

September 8th – Putative marriage or other “marriage” saving constructions
M.G.L. ch. 207, sec. 6 and Chandler (Additional cases list); Formal vs.
informal marriage pp. 173-178; Rights and duties of married vs. unmarried
cohabitants doctrine of family privacy and limits on private ordering of
marital obligations pp. 179-188 and Marvin at p. 500; Doctrine of necessaries
pp. 248 -253; Violation of marital covenants/ separation pp310-324 and
M.G.L. ch. 209. sec. 32
Week 4

September 15th Pre and Postnuptial Agreements, validity and enforceability,
pp. 1223-1249; Osborne, Austin, DeMatteo (Additional cases list) and Ansin
at 1264
II. Divorce
Happy families are all alike; every unhappy family is unhappy in its own way.
- Leo Tolstoy (Opening line of Anna Karenina)
Week 5

September 22nd – Divorce grounds, defenses and no-fault divorce; pp.695734; M.G.L. ch. 208, sec. 1; No-fault divorce and contractual divorce; M.G.L.
ch. 208 sec. 1A & 1B; pp.762-767.
Week 6

September 29th - Access to divorce and jurisdiction, p. 750-754; domicile &
venue; M.G.L. ch. 208, secs. 4-6; Finck, (Additional Cases list), Ankenbrandt
p. 1184; Doctrine of Comity, Doctrine of Estoppel and Jurisdiction over the
Defendant, Read: Yoder, Clagett, Burnham, Baggett (Additional Cases List).
Week 7

October 6th – Midterm (Tentative)

Discussion: Role of counsel and attorney conduct in family law cases;
practical considerations in representing the client; Read Dineen & Berg
(Additional Cases List)
Week 8
October 20th - Financial consequences of divorce; Approaches to property division
and alimony; Defining marital assets and Determining what is equitable pp. 10201070; M.G.L. ch. 208, Sec. 34; Alimony pp. 1070-1083 and M.G.L. ch. 208, sec 4855, Ref. http://www.malegislature.gov/Laws/SessionLaws/Acts/2011/Chapter124;
(Ref. Michael, Rosenberg, & Rose, Additional Cases List) Green v. Green,
http://masscases.com/cases/app/84/84massappct1109.html

Week 9

October 27th – The obligation to pay child support; pp. 1115-1177; See
Mass. Child Support Guidelines,
http://www.mass.gov/courts/childsupport/guidelines.pdf; Separation
agreements and modification of divorce; pp. 1249-1264; pp.1083-1088;
M.G.L. ch. 208, Sec. 28, pp.; Maillet (Additional Cases List) Enforcing the
divorce judgment and orders to pay child support 1153-1177; Uniform
Interstate Family Support Act; M.G.L. ch. 209D; pp. 1212-1222.
III. Child Custody
Having children makes you no more than a parent than having a piano makes you a
pianist. - Michael Levine
Week 10

November 3rd – Rights of the unwed father to custody; Paternity actions; See
M.G.L. Ch. 209C; pp. 376-384 (including Michael H. v. Gerald D. @p. 151
Week 11

November 10th - Determining the best interests of the child, pp. 857- 880 and
pp. 884 -904; Forms of custody M.G.L. ch. 208, secs. 31 & 31A; Custody of
Zia (Additional Cases List); Best interests, visitation pp. 966-971; the de facto
parent Massachusetts cases Youmans, E.N.O., A.H. v. M.P. (Additional Cases
List); the impact of domestic violence on custody decisions, Vaughn,
(Additional Cases List)
Week 12

November 17th - Standards for modifying custody and enforcement of child
custody decrees, pp. 948-955; Standards for removing a child from his home
state and interstate or international custody disputes; Uniform Child Custody
Jurisdiction Act (M.G.L. ch. 209B) and pp. 1190-1207; Rosenthal & Yannas
(Additional Cases List) and pp. 955-966.
Week 13

November 24th – Abuse in the home and state intervention in custody
matters; M.G.L. Ch. 209A M.G.L. ch. 209A – Violence between spouses and
state intervention in family life; pp. 310-357; Read Gordon (Additional Cases
List); Abuse and neglect; M.G.L. ch. 119, secs. 51A & 51B, M.G.L. ch. 119,
secs. 24 & 26; pp. 369-376; Chronister (Additional Cases List) .
Week 14

December 1st - Adoption – private vs. agency sponsored; Qualifications of
an adoptive parent; Meeting the needs of the child; M.G.L. ch. 210, sec. 1 et.
seq.; pp. 390—423 and pp. 438-446; Qualifications and Consent to adoption;
the Indian Child Welfare Act, pp 448-453; Matter of Sarah K., (Additional
Cases List and pp. 476-482; Custody and parental rights and obligations in
cases involving reproductive technology pp.572-595 and 603-634; pp. 646648; Culliton & Woodward, (Additional Cases List.)
Note: This syllabus may be updated as time and events require.
Final Exam: To be scheduled during Exam Week. All students in both the family law
in person and family law on line sections are expected to arrange their affairs so as
to enable them to be in class on the date and time of the final exam.
Other Requirements: Each student will be required to participate in the Lawyer for
the Day Rounds at the Lawrence Probate & Family Court. Dates and times for
Rounds will be coordinated and scheduled monthly. Available dates will be offered via
email or posted on the family law website.
All students are required to check email regularly each week for class updates and
information.