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Family Law

Family law lawyers deal with the critical range of issues that surround marriage and families. These include, but are not limited to, pre- and post-nuptial agreements, divorce, alimony, division of marital assets, child custody, child abuse and neglect, guardianship agreements, and domestic violence protection orders. This area of law has expanded in recent years as more "nontraditional" families, like unmarried cohabitants, have received legal recognition.

Family law can be heavily adversarial and civil litigation focused, but many attorneys in this field specialize in dispute resolution and use collaborative processes to help the parties come to an agreement about the issues without going to court.

In the private sector, many family law attorneys are solo practitioners or work in a small boutique law firm. However, some mid to large size full-service law firms do provide family law to meet the full range of their clients’ needs. In the public sector, because family law primarily concerns state law, fewer federal opportunities exist, although a few government agencies do provide federal support for family well-being. At the state levels, there may be opportunities in specialized units in district attorneys, state attorneys general, and city attorneys’ offices. Employment may also be available in legal services organizations or non-profits, like Legal Aid, that provide support for low-income clients.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

101: Contracts I 3 credits PRIMARY

A study of the formation, essentials, interpretation, and operation of contracts as well as the discharge of contractual duties and remedies for breach.

102: Contracts II 3 credits PRIMARY

A study of the formation, essentials, interpretation, and operation of contracts as well as the discharge of contractual duties and remedies for breach.

103: Criminal Law 3 credits PRIMARY

General principles of criminal law, specific crimes, and defenses.

104: Civil Procedure I 3 credits PRIMARY

A survey of proceedings in a civil action, including jurisdiction of state and federal courts, law for the case, pleading and parties, pre-trial and discovery, trial and appeal.

105: Civil Procedure II 3 credits PRIMARY

A survey of proceedings in a civil action, including jurisdiction of state and federal courts, law for the case, pleading and parties, pre-trial and discovery, trial and appeal.

111: Property 4 credits PRIMARY

Introduction to basic concepts and principles of Anglo-American law as they relate to personal and real property.

120: Constitutional Law I 3 credits PRIMARY

An examination of the role of the Supreme Court in the American legal system with emphasis on judicial review, justiciability, separation of powers, executive authority, regulation of interstate commerce, and taxation.

508: Family Law 3 credits PRIMARY

An exploration of how laws address family relationships: the rights and responsibilities of family members to each other, the rights and responsibilities of family members to third parties, and how these rights and responsibilities are enforced at divorce. Special attention will be paid to the family law issues arising most frequently in a family law practice – asset and liability division, alimony, child support, child custody, and modification of prior orders.

617: Advanced Family Law: Case Study 0 to 3 credits PRIMARY

An in-depth analysis of the legal issues of family relationships, with special emphasis on the complex family law issues, current trends and topics in family law, and the intersection of family law issues with other fields of practice.

Secondary Courses

206: Taxation: Federal Income 3 or 4 credits SECONDARY

Federal income tax is life. This class lives in a statute, the Internal Revenue Code. It focuses on reading, interpreting, and applying the rules of the Code. It is primarily a statutory interpretation class. Students will calculate the federal income tax liabilities of taxpayers by determining each taxpayer's gross income, determining and subtracting above the line deductions, noting adjusted gross income, subtracting either itemized deductions or the standard deduction, applying tax rates and then calculating and subtracting any available tax credits. We will do calculations using only the +, -, multiply, and divide functions on a $5ish calculator.

306: Decedents' Estates and Trusts 3 or 4 credits SECONDARY

A study of the descent of property by operation of wills and intestacy and the nature, creation, and elements of a trust.

398: Juvenile Justice in NC 2 credits SECONDARY

This course reviews the stages of the juvenile court proceedings that apply when the state investigates and files petitions based on potential criminal behavior by minors. The primary reading materials are North Carolina state statutes and North Carolina appellate opinions. Class activities include simulated hearings.

439: Funeral and Cemetery Law 2 or 3 credits SECONDARY

This course focuses on the laws regarding the status, treatment, and disposition of human remains. We are in the midst of a "death revolution" in the United States - cremation rates are rising fast and traditional funeral service providers are under stress. This course examines these trends and the role that the law is playing in shaping and responding to social norms and economic realities. Students will engage in significant legal research and writing in this course, "representing" a non-traditional funeral services provider and analyzing the provider's ability to operate under existing laws.

468: Reproductive Justice 1 to 3 credits SECONDARY

The purpose of this class is to introduce students to the legal and policy issues currently implicated in human reproduction and give them the frameworks necessary to analyze the novel situations that will undoubtedly arise as family structures and reproductive technology evolve. The class will provide both an overview of the current legal landscape, as well as challenge students to think about what the law governing reproduction should be as a normative matter. While sometimes using international law as a point of comparison, the course will focus primarily on US law and policy.

528: Motherhood and the Law 3 credits SECONDARY

The language of law and the cultural support for legal analysis can have considerable influence on the construction of human behavior. The law's treatment of motherhood is an excellent example of this phenomenon. Students in this class will explore the underlying basis for our legal system and how those principles may be affected and modified when coping with the contested notions of motherhood.

531: Juvenile Law 2 or 3 credits SECONDARY

This course takes a comprehensive look at child abuse and neglect law and procedure, from reporting and investigation through adjudication/disposition and the achievement of a permanent plan. Students will become familiar with termination of parental rights, criminal abuse and neglect law, relevant child welfare federal legislation and interstate compacts. The course will also cover the major types of adoption - agency, relative, stepparent, independent, and adult - from adoption petition to entry of final decree, as well as post-adoption issues.

552: Education Law 2 or 3 credits SECONDARY

In this course you will be exposed to major court decisions that have shaped elementary and secondary education in the US. Although we will at times discuss the legal authority and legal problems faced by private schools and institutions of higher education, the emphasis of the course is K-12 public and charter schools and the unique challenges faced by these governmental entities. A broad range of education law topics will be covered at a very quick pace, including: compulsory education; the establishment clause; local board control; the use of school facilities; desegregation; gender equality; student rights; special education; and the rights of public employees.

564: Immigration Law 3 credits SECONDARY

This course will cover a broad range of topics as we survey the landscape of immigration law: Who is a citizen of the United States? Who else can enter and reside lawfully as a permanent resident or on a short-term visa? When can noncitizens be forced to leave? Who has the authority to answer the preceding three questions? Immigration law is a statutory course, focusing on provisions on the Immigration & Nationality Act. We will also cover important cases of constitutional law.

618: Regulating Intimacy 2 credits SECONDARY

Intimate relationships are deeply personal, yet they are also subject to extensive state regulation. Laws attempt to balance the desires of individuals and the needs of society. But that can often be challenging. How should the state safeguard people’s ability to pursue personal happiness, while at the same time ensure that individuals behave responsibly towards others? Can the government stay out of private spaces and simultaneously protect individuals from oppression and abuse? Is it possible for the law to recognize a variety of intimate relationships without privileging some over others? This course will take up these and other questions, asking how, when, and why the state regulates intimate relationships. Students will discuss the tradeoffs that these regulations require between the rights to privacy, autonomy, and equality. The course will consequently both provide an overview of current regulatory frameworks as well as challenge students to think about what the law should be as a normative matter.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

455: Juvenile Law Externship 1 to 3 credits EXPERIENTIAL

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements. The course fulfills the practical skills requirement.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Jane Aiken

Jane Aiken

University Distinguished Professor

Meghan Boone

Meghan Boone

Associate Professor of Law

Marie-Amélie George

Marie-Amélie George

Associate Professor of Law

Rebecca Morrow

Rebecca Morrow

Professor of Law

Related Pathways

Civil Litigation

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Dispute Resolution

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Law Firm

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Government

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