Legal Issues in Divorce for Transgender Individuals

Author(s):  
Shannon Price Minter

This chapter examines the legal issues faced by transgender people in divorce and child custody cases. Despite trans people’s increased visibility, and gains in legal rights and protections, many people—including judges—continue to harbor misconceptions about transgender people. Attorneys representing transgender clients must anticipate the possibility of judicial bias and take proactive steps to address it. Attorneys must be prepared for the unique legal issues that arise when a spouse transitions during an existing marriage. Even under modern “no-fault” divorce regimes, attorneys must be prepared to rebut the claim that coming out as transgender constitutes misconduct or justifies awarding the other spouse more marital property or spousal support. In custody cases, attorneys must anticipate and rebut misinformation and negative judicial attitudes toward transgender parents. Finally, even after Obergefell v. Hodges (2015), attorneys representing transgender clients who married before Obergefell must be prepared to explain why that decision is retroactive.

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 46
Author(s):  
Esther Salmerón-Manzano

New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies.


2021 ◽  
Vol 5 (1) ◽  
pp. 160
Author(s):  
Nurhilma Lestari

Adapun hasil penelitian dan pembahasan sebagai berikut: 1). Masyarakat di kawasan yang terdampak likuifaksi (kelurahan petobo, kecamatan palu selatan, kota palu, provinsi sulawesi tengah) sesuai dengan pergub nomor 10 tahun 2019, bahwa masyarakat tidak dapat menuntut lagi tanahnya di kawasan terdampak likuifaksi. Sebab, sangat jelas dalam pergub nomor 10 tahun 2019 bahwa kawasan terdampak likuifaksi di kelurahan petobo termasuk dalam zona merah, yang dalam hal ini dengan dipindahkan masyarakat korban bencana likuifaksi ke lokasi lebih aman (relokasi). Maka dengan adanya relokasi tersebut, masyarakat tidak lagi dapat menuntut hak atas tanahnya di kawasan terdampak likuifaksi,2). Berdasarkan pergub nomor 10 tahun 2019,mengatur mengenai penataan ruang wilayah perlunya perubahan pemanfaatan ruang di beberapa lokasi terdampak bencana masif, maka menjadi penting penyusunan arahan pemanfaatan ruang baru yang dapat diterima oleh masyarakat. Disamping itu, di daerah-daerah yang tidak terdampak bencana, maka arahan pemanfaatan ruang lama akan mengalami perubahan minimal, atau bahkan tidak berubah sama sekali. Kesimpulan yang bisa diambil dari penelitian ini adalah Bahwa masyarakat di kawasan terdampak (Kelurahan Petobo, Kecamatan Palu Selatan, Kota Palu, Provinsi Sulawesi Tengah) sesuai dengan Pergub Nomor 10 Tahun 2019, bahwa masyarkat tidak dapat lagi menuntut tanahnya di kawasan terdampak. Sebab, sangat jelas didalam pergub Nomor 10 Tahun 2019  bahwa kawasan terdampak (Keluarahan Petobo) termasuk dalam Zona Merah, yang dalam hal ini dengan dipindahkannya masyarakat korban bencana dikawasan terdampak ke lokasi yang lebih aman (relokasi). Maka, dengan adanya relokasi tersebut, masyarakat tidak lagi dapat menuntut hak atas tanahnya dikawasan terdampak, dan Pemerintah Daerah Provinsi Sulawesi Tengah telah mengeluarkan Peraturan Gubernur Sulawesi Tengah No. 10 Tahun 2019 Tentang Rencana Rehabilitasi dan Relokasi Pascabencana, yang mengatur pelaksanaan pembangunan rumah untuk relokasi korban likuifaksi yang memiliki hak atas tanah dan bangunan secara sah menurut hukum. Pembangunan tempat tinggal untuk relokasi disini prinsipnya adalah pemerataan dan adil antara luas tanah dan fisik rumah adalah samaKata Kunci: Tanah, Status Hukum, Tata Ruang, dan Bencana Alam. The results suggest the following: 1) the community in the areas affected by liquefaction is according to the governor regulation number 10 of 2019 in which the community can no longer claim their land in areas affected. It is clearly stated within it that Petobo Sub-district belongs to the red zone which means that the people affected were relocated to a safer place and thus are not able to claim the land in the affected area; 2) the governor regulation number 10 of 2019 regulates the regional spatial planning which needs change in terms of utilizing spaces in several areas affected by massive disasters. That is why it is necessary to have arrangements for the utilization of new spaces that are acceptable to the community. On the other hand, the unaffected areas would undergo either minimal or absent change. In conclusion, the people in Petobo, Palu, Central Sulawesi, based on the governor regulation number 10 of 2019, are no longer able to claim their lands as it is considered a Red Zone which only for relocating the victims of a disaster. The provincial government of Central Sulawesi has issued the 2019 Regulation of the Governor of Central Sulawesi number 10 regarding the planning of the post-disaster rehabilitation and relocation that focus on the implementation of houses construction for the victims of liquefaction who have legal rights to lands and buildings according to the law. The principal of this construction is equal and fair between the land area and the physical house.Keywords: land, legal status, spatial planning, and natural disaster.


2016 ◽  
Vol 1 (18) ◽  
pp. 129
Author(s):  
Nuria González Martín

The approach taken by society toward dispute resolution in child custody cases has historically been seen as litigation versus mediation. Given the current volume of cross-border family-related disputes, this binary approach no longer makes sense. In this note, I provide a brief introduction to mediation in Mexico, especially Mexico City. I also analyze other ideas regarding International Child Abduction by one of the Parents and International Family Mediation between Mexico and the USA.


Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
S Sarsiti

 The increase in the human population will also increase the need for land, but this cannot be accompanied by an increase in the existing land area. This paper discusses land acquisition for government project development after the enactment of Presidential Regulation Number 65 of 2006; and legal remedies if there is no agreement in the process of land acquisition. These legal issues are approached by normative methods with conceptual approaches and legislative approaches. Land acquisition for development for Government projects is carried out through the process of Releasing Legal Rights if no agreement is reached, then the Regent / Mayor or Governor or Minister of Home Affairs according to the authority submits a proposal for a settlement by revoking land rights.Keywords: land acquisition, a release of rights, revocation of rights.


Author(s):  
Tracy A. Thomas

This chapter addresses Elizabeth Cady Stanton’s feminist views on maternal custody and parenting. She advocated granting legal rights of child custody to mothers in the event of separation or divorce. Stanton challenged the separate spheres ideology and argued for women to work in paid employment as well as to have pecuniary and social power in the home. To bring about this transformation of gender roles, Stanton articulated feminist parenting ideals of reconstructing gender by raising the next generation of boys and girls in equal moral, educational, and social ways. She took this message to the populace in speeches on the Lyceum tour over eleven years. Ultimately, as this chapter concludes, Stanton argued that religious doctrine must be reformed in order to transform the gendered social roles of women and men, as she articulated in the feminist theology of her Woman’s Bible.


Author(s):  
Michael Corning

In recent years, the transgender community has been gaining more awareness and visibility in research, the media, and sociocultural landscapes. Despite this, transgender individuals endure a vast range of personal problems that stem from larger social issues. This chapter will connect the psychological components of identity and the influences of social surroundings to the possible experiences of an individual who comes out as transgender or transitions genders. While many individuals may feel a strong sense of identity affirmation, the interpersonal relationships in his or her life may face a major transitional period as well. This is especially evident in romantic relationships and family dynamics. Outside social stressors or gender transitions could impact the romantic relationship quality and structure of transgender people. Likewise, with family dynamics, the level of family functioning could depend on whether the transgender family member is a parent or child. Conclusively, clinical implications and future directions towards building strong relationships will be explored.


Humanities ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 122
Author(s):  
Jennifer Earles

While coming out or the telling of sexual selves for LGBTQ+ people is often seen as the final step toward living a free and healthy life, lesbians who also identify as feminists embark on a life-long journey in which the plot ebbs and flows around activism and mobilization. Their goal is not only to come out, but to be out. Both cisgender radical-lesbian feminists and trans feminists consider coming out as not only crucial for the realization of self, but also an important tactic for taking up space and intervening in a heteronormative world. But, while the original theories of radical feminism advocated a fierce anti-essentialism, some contemporary radical feminists continue to focus on biology and questions like “what is a woman?” I hope to refocus the question to ask: how are narrative audiences, discursive forms of text, and spaces important for feminists as they realize lesbian or trans identities and communities? Data come from a historical printed newsletter by self-described radical feminists practicing lesbian separatism and two current micro-blogs, one surrounding radical-feminist narratives and the other around trans feminism. Through a textual analysis, I show how self-proclaimed radical feminists and trans feminists use poetic and emotive writing to produce different kinds of narratives about coming out and being out in different spaces and for unique audiences. Ultimately, these discursive forms are important for communities as members’ stories challenge and are impacted by public narratives of gender, essentialism, and cis- and hetero-normativity.


Polar Record ◽  
2012 ◽  
Vol 48 (3) ◽  
pp. 229-235 ◽  
Author(s):  
Sidsel Saugestad

ABSTRACTThis paper addresses two processes of social and cultural mobilisation. The first example is a regional movement, as manifested in social and cultural expressions of a north Norwegian identity that was particularly marked in the 1970s and early 80s. The other is the Saami movement, coming out strongly at about the same time, and being part of a global process of indigenous mobilisation. It is argued that although they are similar in the way they articulate a sense of identity and belonging in contrast to an overarching and encompassing state, they are different in their stated objectives, in their relation to the state and the type of achievements gained. The north Norwegian regional movement strived for inclusion into a wider national cultural tradition, and integration has been achieved by broadening the definition of what is considered Norwegian culture. The objective of the Saami movement was the opposite: to gain recognition as a people with a distinct culture, different from but equal in value with the Norwegian culture. The article is introduced by a theoretical discussion of the issues involved, framing the analysis of communicative strategies.


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