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It has been said that 'just definitions either prevent or put an end to disputes.' Perhaps this saying exaggerates the point, but it does highlight the importance of understanding the precise meanings of words. In contemporary family law practice, however, many legal definitions are not precise. Instead, they often express the essential nature of terms and concepts, underscoring the dynamic nature of domestic relations law and the need to alter or expand the legal vocabulary in response to modern social reality. The definition of income for support purposes is one example. Family lawyers and family court judges frequently grapple over what constitutes income (much the same way as tax lawyers and accountants).
Today, the greatest challenge involving definitions is over the word marriage. What is a marriage? Constitutionally speaking, who should be allowed to marry and who should not? A generation ago, this debate was not on the radar screen of most family lawyers, yet few practitioners doubt that the issue will come before the U.S. Supreme Court within the next few years, if not sooner.
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