Family Law Research and Practice Guide

Posted May 6, 2009.
Prepared by Ann Hemmens for Family Law A580 (Professor Anna Mastroianni)

This research guide provides a basic introduction to select resources available for researching family law topics and exploring family law practice materials. This guide focuses on material available in the UW Gallagher Law Library and is not comprehensive. Some resources are freely available on the Internet, others are on Westlaw or Lexis (requiring a password or ID) and others are in UW restricted databases (e.g., HeinOnline) (off-campus access to these databases available for the UW community via the proxy server "Off Campus Access" link on the Library homepage, http://lib.law.washington.edu/).

Please direct reference questions to the UW Law Library Reference Office via the Ask Us link or by phone at 206-543-6794.


Introductory Sources

  • The American Bar Association Guide to Marriage, Divorce & Families, KF505 .A87 2006 at Reference Area. Designed for non-lawyers.
  • Family Law in a Nutshell, by Harry D. Krause and David D. Meyer (Thomson/West), 5th ed. (2007), KF505.Z9 K7 2007 in Reference Area.
  • The Law of Domestic Relations in the United States, by Homer H. Clark Jr., (West Hornbook) KF504 C55 1988 Classified Stacks.

Major Treatises & Resources

Family Law Reporter (BNA), KF501.A3 F3 current volumes in Reference Area and older issues in Classified Stacks. Also available on LexisNexis: (BNA;BNAFLR) and via our BNA subscription.

Uniform Laws Annotated (National Conference of Commissioners on Uniform State Laws) KF879.A45 U5 at Reference Area. Available on Westlaw: ULA.

  • Matrimonial, family and health laws, with annotations from State and Federal courts, found in volumes 9, 9A, 9B, 9C. (e.g., Adoption Act, Child Custody Jurisdiction and Enforcement Act, Divorce Recognition Act, Marriage and Divorce Act, Uniform Premarital Agreement Act, Uniform Status of Children of Assisted Conception Act)

Principles of the Law of Family Dissolution: Analysis and Recommendations (American Law Institute), KF535 .P752 2002 in Reference Area. This volume from ALI is similar to a Restatement, but instead includes Principles ["the Principles - are in various formats ... some provisions function as traditional Restatement rules. They are addressed to courts in their function as decisionmakers - Other sections, however, are addressed to rulemakers - with commentary."]

Marital Property Law, by John Tingley and Nicholas B. Svalino (1994-current), KF524 .B37 1994 at Classified Stacks.

Valuation & Distribution of Marital Property, John P. McCahey, editor, KF524 .V35 1984 at Classified Stacks. Multi-volume set, currently updated through 2009.

Adoption Law: Theory, Policy and Practice, by Cynthia R. Mabry and Lisa Kelly, KF545.A7 .M33 2006 at Classified Stacks.

Divorce and Family Mediation: Models, Techniques, and Applications, edited by Jay Folberg, Ann L. Milne, Peter Salem, KF535 .D558 2004 at Classified Stacks.

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Practitioner Materials & Form Books

The Complete Guide to Divorce Practice: Forms and Procedures for the Lawyer, by Larry Rice (ABA General Practice, Solo & Small Firm Section) 3rd ed., KF533.5 .R52 2005 at Classified Stacks. Includes sample forms on CD-ROM.

Divorce Trial Manual, by Lynne Z. Gold-Bikin & Stephen Kolodny (American Bar Association), KF535 .G65 2003 at Classified Stacks. Includes sample forms on computer disk.

Letters for Divorce Lawyers: Essential Communications for Clients, Opposing Counsel, and Others, by Martha J. Church (American Bar Association, General Practice, Solo, and Small Firm Section) KF533.5 .C48 2006 at Classified Stacks. Includes sample forms and letters on CD-ROM.

The Military Divorce Handbook : A Practical Guide to Representing Military Personnel and Their Families, by Mark E. Sullivan (American Bar Association), KF535 .S85 2006 at Classified Stacks. Includes sample forms on CD-ROM.

The Complete QDRO Handbook: Dividing ERISA, Military ,and Civil Service Pensions and Collecting Child Support from Employee Benefit Plans, by David Clayton Carrad (American Bar Association, Section of Family Law) KF3512 .C37 2004 at Classified Stacks. Includes sample forms on CD-ROM.

Balancing Competing Interests in Family Law: How to Handle Alternative Relationships, Third-Party Interests, Interspousal Torts, Privilege, and Privacy Issues, by John C. Mayoue (American Bar Association, Section of Family Law) KF510 .M395 2003 at Classified Stacks.

 

American Jurisprudence Legal Forms, 2d ed., 54 vols. updated annually. KF170.A4 1971 in Reference Area. Available on Westlaw: AMJUR-LF

  • Sample Topics: Adoption, Alimony & Separation Agreements, Divorce & Separation, Husband & Wife, Marriage, Parent & Child

West's Legal Forms, 2d ed., 30 vols. updated twice a year. KF170.W47 1981 in Reference Area. Available on Westlaw: WEST-LF

  • Topic: Domestic Relations (volume 7)

American Jurisprudence Trials (AmJur Trials), KF8915 .A74 at Reference Area. Available on Westlaw: AMJUR-TRIALS . Multi-volume set described as "an encyclopedic guide to the modern practices, techniques, and tactics used in preparing and trying cases, with model programs for the handling of all types of litigation."

  • Sample articles: Relocation of Children by the Custodial Parent 65 AmJur Trials 127; Defense Against Wife's Action for Support 17 AmJur Trials 721

Causes of Action (COA), KF8863 .S53 1993 at Reference Area. Available on Westlaw: COA . Multi-volume set containing articles discussing specific causes of action - "each article leads the practitioner through the steps necessary to determine whether particular facts give rise to a cause of action - elements of the cause of action - and then explains how these elements can be proved - [it] also guides the attorney in getting the case into court, and points out how to pursue the case through trial and to a successful conclusion."

  • Sample Articles: Cause of Action by Grandparent to Obtain Visitation Rights to Grandchild 8 COA 163; Cause of Action on Behalf of Child or Mother to Establish Paternity 6 COA 2d 1

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Family Law Databases on Westlaw & LexisNexis

Westlaw

  • On Westlaw: Select the DIRECTORY > All Databases > Topical Materials by Area of Practice > Family Law

LexisNexis 

  • On Lexis: On the Legal Tab choose Area of Law by Topic > Family Law

Journals: Law & Non-Law

  • Tips
    • To find journals focused on family law issues:    search the UW Law Library EJournals list for "Title contains: family" to retrieve links to dozens of journals dealing with family law and family issues generally.
    • To find articles on a topic, search LegalTrac (an index of law review articles published 1980-current). LegalTrac is available from Library homepage, under Find Legal Databases, and on Westlaw and Lexis [database name = LRI Legal Resources Index].
    • Locate non-law journal articles addressing family law issues (e.g., best interests of the child, adoption, same-sex marriage, spousal support) by searching in databases available from the UW Libraries Subject Guides.
      • Select Subject Guides: social work, sociology, psychology, gay and lesbian studies, women studies, health sciences (e.g., PubMed database).

Below is a select list of law journals dealing with family law. Current issues of most of these journals (but not all) are in the Reference Area, with older editions shelved by title in Compact Stacks. Many of them are on Westlaw and Lexis and HeinOnline (in PDF format).

  • American Journal of Family Law
  • Family Advocate (American Bar Association, Section of Family Law), the quarterly membership magazine with how-to articles for family law practitioners. List of Client Handbooks included in select issues of Family Advocate available online.
  • Family Court Review
  • Family Law Quarterly (American Bar Association, Section of Family Law)
  • International Journal of Law, Policy, and the Family
  • Journal of Law & Family Studies (University of Utah, College of Law)
  • Journal of the American Academy of Matrimonial Lawyers (University of Wisconsin Law School)
  • Juvenile & Family Court Journal (National Council of Juvenile and Family Court Judges)
  • Whittier Journal of Child and Family Advocacy (Whittier Law School)

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Fifty-State Surveys (comparing laws across the U.S.)

Subject Compilation of State Laws, by Cheryl Nyberg (1960-current) KF1 .S93 at Reference Area and on HeinOnline. Search this database to locate journal articles, books chapters, or books that provide a comparison of multiple state laws on particular topics.

  • Search by keyword or subject headings (e.g., family responsibility/support laws, marriage, adoption records, divorce).

50 State Surveys database on Westlaw

  • Database Name = SURVEYS
    • Search = PR("family law") retrieves 23 entries including:
      • CHILD ABUSE Safe Haven Laws
      • CHILD CUSTODY AND SUPPORT Determination of Income for Calculating Child Support
      • DIVORCE AND DISSOLUTION Mediation Requirements
      • FOSTER CARE Standards for Foster Care Families
      • PATERNITY Disestablishment of Paternity

50 State Surveys database on LexisNexis

  • Legal > Legislation & Politics - U.S. & U.K. > LexisNexis 50 State Surveys, Legislation & Regulations
    • Browsing the Table of Contents under "Domestic Relations" retrieves entries on topics including:
      • Adoption
      • Adult/Elder Abuse Reporting
      • Child Placement Agencies
      • Domestic Partners, Civil Unions & Same-Sex Marriage
      • Marriage & Family Therapy
      • Child Abuse Reporting

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Miscellaneous

Punitive Damages, by Linda L. Schlueter, 5th ed., KF1249 .S35 2005 at Reference Area.

  • Chapter 14: Family Law

International Lawyer's Deskbook, Lucinda A. Low, Daniel M. Drory, Patrick Norton, editors (published by the ABA Section of International Law and Practice), 2nd ed., K85 I574 2002 in Reference Area.

  • Chapter 26: Family Law

Washington State Practitioner Materials & Form Books

Washington Family Law Deskbook (Washington State Bar Association) 2nd ed., KFW94 .W37 in Reference Area, current through 2006 updates. Multi-volume set with forms ion accompanying CD-ROM.

  • Available to UWLS community on LoisLaw [to obtain the Special Access Code needed for registering with Loislaw, contact Reference Office lawrefst. All WA State Bar Association Deskbooks available on Loislaw].

Washington Practice volumes

  • Family and Community Property Law: With Forms, by Kenneth W. Weber (Washington Practice volumes 19, 20, and 21)(1997-current) KFW80 .W3 at Reference Area and on Westlaw: WAPRAC-FAM
  • Family and Community Property Law Handbook: Rules, Statutes and Mandatory Domestic Relations Forms, by Kenneth W. Weber (Washington Practice volumes 22 and 22A) (1997-current) KFW80 .W3 at Reference Area and on Westlaw: WAPRAC-FAM
  • Methods of Practice, by Kelly Kunsch (Washington Practice volume 1: Chapters 20-23 Domestic Relations) KFW80 .W3 at Reference Area and on Westlaw: WAPRAC-MP. Includes sample forms.

Washington Lawyers Practice Manual: Manual & Forms (Seattle-King County Bar Association)(1986-current), KFW80 .W27 in Reference Area.

  • Volume 3, Chapter 9: Domestic Relations Practice

Washington Community Property Deskbook, 3rd ed. (Washington State Bar Association) KFW97 W38 2003 in Reference Area. One volume set includes checklists but not forms. Editorial Board includes UWLS Professors Tom Andrews and Karen Boxx.

  • Available to UWLS community on LoisLaw [to obtain the Special Access Code needed for registering with Loislaw, contact Reference Office lawrefst. All WA State Bar Association Deskbooks available on Loislaw].

Domestic Relations Forms (Washington Pattern Forms Committee) (1993-current) KFW94.A65 W37 (2 volume set) at Reference Area. Forms available free on the Washington Courts website.

Washington Family Law Forms, Clauses, and Checklists Database on Westlaw: WA-FAMFORM: "consists of forms, clauses, and checklists that relate to Family Law and are derived from state specific publications as well as general, non-state specific, publications including West Legal Forms, Nichols Legal Forms, AmJur Legal Forms and other sources."

Washington Family Law Reporter, KFW94.A15 W37. Current Binder in Reference Area, older issues in Classified Stacks. Current awareness tool, summarizing recent WA family law decisions.

Washington Judges' Family Law Benchbook (prepared by Superior Court Judges' Association), 2005 edition available on CD-ROM at KFW94 .F35 in Reference Area (250+ page Word document).

Tribal Court Family Law Handbook: A Beginner's Manual (Northwest Women's Law Center), KF8224.C6 T75 1999 at Reference Area. For non-lawyers.

Washington Guardianship Law, by Gerald B. Treacy, Jr. (available on LexisNexis) [Legal > Area of Law - By Topic > Family Law > Search Analysis, Law Reviews & Journals > By State > Washington > Washington Guardianship Law]. "All major topics such as formation, administration, termination, and litigation regarding both minors and incapacitated adults are discussed in a step-by-step analysis that covers the issues in the order in which they occur in practice. The manual also provides numerous sample forms, many of which are new, and a practitioner's checklist taking you through the necessary steps and procedures."

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Websites

American Bar Association, Section of Family Law

Washington State Bar Association, Family Law Section. Includes Section newsletter and information on CLEs.

  • The topic of Family Law can be included in the Washington State Bar Exam - a list of topics covered available online. The Law Library has copies of past WA State Bar Exams, KF303 .W37 at Reference Area and Classified Stacks.

Child Support and Family Law, from the National Conference of State Legislatures.

Same Sex Marriage, Civil Unions and Domestic Partnerships, from the National Conference of State Legislatures.

National Governors Association

  • Health and Human Services COMMITTEE Policy Positions on issues such as child support enforcement, fatherhood, and child welfare services.
  • Social, Economic & Workforce Programs DIVISION news and documentation. Sample materials: States to Improve Outcomes for Youth Transitioning From Foster Care, Family Formation, Child & Family Services.

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CALI Lessons

Tutorials written for law students by law professors and law librarians (from the Center for Computer-Assisted Legal Instruction - CALI)

  • Family Law Lessons: abortion, adoption, alimony, child custody jurisdiction and modification, cohabitation, comingled property at divorce, compensatory spousal payments under the ALI principles, determining and enforcing child support, new reproductive technologies, paternity, pre-marital agreements, visitation and relocation.
  • Members of the UWLS community who have not registered for CALI yet (and created your own password), can obtain the required CALI Authorization Code by contacting the Reference Office (lawrefst; 206-543-6794).

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