Legal Opinion

Marcia D. v. Donald D.

New York Family Court

Decided February 18, 1976PublishedCited by 6 opinions

1Opinion of the CourtShirley Wohl Kram, J.

Counsel for the petitioner has made an application to this court for counsel fees pursuant to section 438 of the Family Court Act. An affirmation in opposition to the award of counsel fees was submitted by counsel for respondent. He contends that section 438 violates the Fifth and .Fourteenth Amendments to the Constitution of the United States since it denies male litigants due process of law and equal protection of the law.

Section 438 of the Family Court Act provides as follows: "In any proceeding under this article by a wife or former wife, against her husband, or former husband, including…

2Cases cited20 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Taylor v. LouisianaSupreme Court of the United States · 1975
  4. Loving v. VirginiaSupreme Court of the United States · 1967
  5. Reed v. ReedSupreme Court of the United States · 1971

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3Cited by6 opinions

  1. Peters v. NarickWest Virginia Supreme Court · 1980
  2. Peters v. NarickWest Virginia Supreme Court · 1980
  3. In the Matter of Martin Steingesser, Bankrupt. Diana D. Dubroff v. Martin SteingesserCourt of Appeals for the Second Circuit · 1979
  4. Thaler v. ThalerNew York Supreme Court · 1977
  5. Carole K. v. Arnold K.New York City Family Court · 1976

1 more not listed; retrieve them via the Exa API.

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