Divorce Law Articles

Getting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.

It is an unfortunate reality of our modern culture that divorce is common and widespread. If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.

While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?

In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.

Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.

Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.

You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.

For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?

Listen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.

Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.

When a married couple has a child, most jurisdictions presume that the husband is the father of the child (even if he is not). When an unmarried couple has a child, on the other hand, it is usually necessary to establish paternity as soon as possible after the baby is born. This protects the mother, the baby, and the father, by establishing everyone's rights with regard to one another, such as visitation, support, and inheritance.

Are you a New Jersey resident considering adoption? Or are you involved in a dispute trying to prevent someone else from adopting your child? In either case, it is important to understand the process of adoption and its legal ramifications.

The concept of grandparent visitation rights is a fairly new one. Historically, only parents could ask for visitation rights, but now states allow a variety of different family members to ask for visitation of related children. Below is a brief state-by-state summary of grandparent visitation rights as of the date of publication of this article. Should you have a question regarding visitation rights, you should contact a local family law attorney.

Children may develop Parental Alienation Syndrome when their battling parents put them in the middle of adult disagreements. It is sad but true-divorcing parents sometimes make their kids take sides during a divorce.

New research indicates that children who were you when their parents divorced may feel insecure about their relationships with their parents later in life.

Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.

When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: “What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.

n New Jersey a spouse may obtain alimony from their former spouse. Alimony is designed to keep a spouse in a living condition comparable to that which they experienced while married.

When one parent acts as the primary guardian for a child, the other parent is generally required to contribute to the financial needs of that child. Generally, in New Jersey, the amount of child support one parent pays another is based on the New Jersey Child Support Guidelines. These Guidelines are found in Appendix IX of the New Jersey Court Rules.

The decision to end a marriage can be a very complicated one. Emotionally it may be painful, a relief, or a complicated mixture of both sensations. Practically, many things need to take place before the process can be finished and you can begin to move on with your life. So where do you start and who can you turn to for information? How do you know what steps are right for your situation? What other things do you need to consider that you may not even know about?

Underestimating or not accounting for all costs associated with raising children when itemizing expenses to help calculate child support is common. Don't overlook the details of your child's real financial needs. Our article helps list frequently missed costs that could be added as expenses in figuring child support amounts.

Colorado now has civil unions, and for virtually every purpose under state law, a couple in a civil union has the rights and benefits of a married couple.

A North Carolina court can terminate the rights of a parent for: Abuse or neglect of the child; Willful abandonment of the child to foster care for more than twelve months;

People hire private detectives for a variety of reasons, but one of the most common is to uncover hidden assets. Private investigators don't become involved in all divorce cases. However, they can be very useful when the other party appears to be hiding assets or contesting child custody.

Parental alienation is an increasingly used tool in the war between divorced or divorcing parents. Depending on the expert, parental alienation syndrome, or PAS, is either made-up psychobabble or behavior by one parent that causes significant harm to children during child costody disputes. The reality, of course, is that it's a little of both.

In recent years there are so many foreigners marry with Chinese citizens. For the reasons of culture shock, living habit, or personality clash, some couples' relationship go break, they have to divorce. For foreigners there are some specials rules to comply for, then a professional lawyer is suggested.

If the spouses have not signed a prenuptial agreement, they are considered to be living in a matrimonial property regime of joint ownership of accumulated assets as determined by statute.

Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"

In this article, I explain business joint ventures. A joint venture exists when two or more businesses team up to engage in a limited activity, for example, one business has customer relationships in a particular market while the other has back-end personnel, so they team up to offer a vertically integrated service in that market.

There are too many people that are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future, including the following:

These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.

Going through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.

The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.

The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.

When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.

Privacy and confidentiality are both huge concerns during the divorce process, so it's important to be proactive to protect your interests by speaking with a divorce attorney. In the meantime here are some helpful tips to help you out.

Social media users beware. What you post online can be used against you.

Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.

It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.

A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!

It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.

Signing a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.

For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.

Arguably one of the largest concerns for families with children who are considering divorce is how child custody is determined in Arizona and other states. There are many who are under the false impression that custody is routinely granted to the mother or wealthy parent- but that is not the case.

Many people wonder what can be the basis or grounds for a divorce in Texas. The Texas Divorce Lawyer is providing a series of articles on the 7 sins of the marriage, or in other words, the 7 grounds for divorce in Texas. The Texas Family code actually codifies and outlines the 7 grounds for divorce in Texas. There are 3 no-fault grounds for divorce and 4 fault based grounds.

Whether the parents of a child maintain a relationship or not, they are legally required to provide for their child. Child support is the financial obligation that a non-custodial parent has to his or her child's custodial parent, to be used solely for the care of the child. The non-custodial parent is required to make regular payments, regardless of where they live.

Vacation homes often spell trouble in divorces because they are generally high-value properties. Failure to come to an out-of-court agreement on the vacation home can result in the court stepping in and making the decision for you.

Protective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.

Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.

Anyone that needs more information about modifying a divorce decree to change custody details, visitation rights, child support conditions, or living situations should read this guide to Texas divorce modifications. Divorce modifications are different in every state, and in Texas the laws are as complex as any other state's laws. The following article describes in detail Texas laws pertaining to divorce modifications.

This article is intended to analyze the conditions for enforcing of divorce between Bulgarian national and citizen of EU member state before the Bulgarian court

Legal aid in UK and Wales, as such is funding by government for legal costs or part of them when you are not in a position to afford them. But it depends on certain requirements to be fulfilled which depend on proof of merit in your case. Sometimes you too have to contribute towards the costs which could be repaid after a divorce settlement where you may be in receipt of money or property.

Alimony, or "spousal support" is often confused with child support. Although both forms of payment are the result of a divorce, the two concepts are very different from one another.

Any small business owner who is getting divorced will be both surprised and shocked to find out that up to half of your business will be awarded to your spouse. And, it matters little whether they have a titled interest or worked with the business.

A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.

The essential principle that passes like a golden thread in law, in judgments and in every occasion of childustody is the principle of " The good of the child".

While in most western countries the authority to judge matters relating to separation and Divorce is in the hands of the Family Court, in Israel there are two parallel instances who are authorized to judge issues involving divorce between a Jewish couple;

Many people are of the opinion that the Rabbinical Court is a dull and drab institution where the people there are caught up in antiquated chauvinistic, anachronistic ways of the thinking. I often hear people, who are widely considered wise and expert in this matter, expressing this opinion in the media, and in the general environment where I live and conduct my legal practice.

A divorce can be relatively uncomplicated in an uncontested divorce, or it can drag out in a messy contested divorce, and some complex cases takes years to finally resolve.

If you’re thinking about getting a divorce, are in the process of getting a divorce, or are already divorced, then you should keep reading. A divorce can be a very emotional and stressful time; instead of thinking about how best to protect yourself and your assets, you may spend your time reminiscing over the love lost or fuming about the reasons prompting the divorce.

Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights.

Florida is an attractive option for people seeking an out of state divorce because they have no requirement for legal separation and is quite predictable for divorce outcomes. Even so, there are still limitations in the jurisdiction of Florida when it comes to entering all or part of a divorce for marriages, which happened outside its borders. Some of these limitations include:

The effects of a divorce can be long lasting and far-reaching. This is generally not the case with an annulment. An annulment does not include dividing up property and paying alimony because the marriage is treated as having never existed.

Whether you are legally separating or filing for divorce, it is extremely important that you don't allow your emotions to get the best of you, especially if child custody or property division is a part of your problem. First and foremost, you should consult a family law specialist.

Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.

Relocation is an issue that is often addressed either in an initial custody action or after an initial custody order has been established. Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.

In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case. Let me give you some ideas about what different expense might seem appropriate and then I'll tell you why each of them is defective:

“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Article 1 Family Code of the Philippines.

The provisions of the new Child Custody Act applied in this instance. E.D. v. M.P., 33 A.3d 73 (Pa.Super. 2011). The mother appealed from the trial court order that granted permission for the father to move from Susquehanna County, Pennsylvania, to Barton, New York, with the parties’ male child. The appeal required consideration of the procedures and legal standards set forth in the newly enacted Child Custody Act, 23 Pa.C.S. § 5321 et seq.

If you are a resident of the Pennsylvania and looking for child support after separation, you would need to learn about the laws and regulations related to child support in Pennsylvania. Getting a divorce is undoubtedly one of the most difficult times in an individual’s life and it becomes even more so when you have children in the picture. The divorce procedure becomes a lot more difficult when you have children.

Marriages do fail. Marriage counselling is attempted to resolve your differences with your spouse, but sometimes there are irreconcilable and the only option is a divorce. Introduction - Marriages do fail. You attempt to enter into marriage counseling or resolve your differences with your spouse in a manner that preserves the marriage.

There are many resources available that broach the subject of children and divorce. With the right support, you child will live through it without too much emotional damage. Contact a Plano family law attorney when divorcing and find the right support and resources for your child.

Marriage to a U.S. citizen is the most common way of getting a legal permanent resident status in the United States especially when the alien has been out of status in the country. Fraud statistics show that between 1998-2007 more than 2 million people have reported marriage as a means to gain residency within the United States.

Every state has specific laws regarding divorce. Such laws may vary from one state to another. When you are planning to get a divorce, make sure you know about the specific laws of the state. Are you looking to get a divorce in Pennsylvania? Every state has specific divorce laws and you need to meet certain requirements to file a divorce in a particular state.

Declaration of nullity of marriage in the Philippines on the ground of psychological incapacity a liberal type of divorce? Key Points To Know About Psychological Incapacity as a Ground to Declare a Marriage Void - The Basic Law - The applicable provision can be found in Article 36 of the Family Code, providing as follows:

Anyone who has been divorced will tell you that asset division is one of the most stressful and emotionally charged aspects of the divorce process. During asset division, spouses must agree on how to divide their property, debts, and monetary assets. Spouses frequently experience distrust and suspicion during this process, and this is because one spouse sometimes tries to hide assets from the other.

Introduction Beyond the considerable emotional pain, the end of a marriage is legally complex. This pamphlet reviews alternatives to divorce and failing these, the procedures for obtaining a divorce. Consult a lawyer if your marriage is ending. You will need sound professional advice to determine child custody, financial support, and make a fair division of the property of the marriage.

You may not be inclined to take relationship advice from celebrities – but they sure do know a lot about divorce. Tom Cruise and Katie Holmes’ divorce in 2012 has shown us that celebrities handle divorce in different ways, and each high–profile couple can teach us something about the best (and worst) practices of divorce proceedings.

The prospect of a divorce can be particularly stressful for the spouse who has been out of the workplace for some time. While it may have made sense for one of the spouses to stay home during the marriage, once the parties begin to live separately it may simply be unrealistic for the stay–at–home spouse not to return to work after a divorce.

The German system of family reunification in visa cases is very strict. The spouses should be prepared carefully by their attorney before they apply for a visa to Germany. In the following I explain the relevant fact pattern of German visa cases.

Germany implements EU Directive “Blue Card” for high skilled employees (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:en:PDF ) on August 1st 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the European Union (EU).

It has become rather common for a couple to have a prenuptial agreement before a marriage. Many people are getting married at a much older age and with a 50% success rate of marriages it is important to have a backup plan should the marriage not play out as expected.

One in five marriages in Cyprus will end in divorce. Family law provisions on the island are complicated by changes in the law made in 2003 which means that different laws will apply to those who were married before 2003 and those who were married after 2003. The newer Marriage Law 2003 will deal with divorces of marriage celebrated after 2003 whereas marriages that took place before 2003 are dealt with under the provisions of the Family Courts Law.

When choosing to file for divorce, many couples do not consider the ramifications it will have both financially and emotionally. It may seem like it should be a fairly simple process, but it can often be complicated, messy and time consuming. There are certain tips to consider prior to pursuing any form of separation.

If your spouse tells you he or she wants a divorce, regardless of the reason, there are some common sense steps to take to protect yourself and your rights at the beginning of the process. Unfortunately, divorce is a reality even for couples that “everyone thought would make it.” Sometimes, couples may try counseling, spiritual help, and even temporarily separate to try to find a way to stay together.

Divorce is a painful decision that one has to make in life. However, along with legally ending relationship there are many things to decide at the time of divorce. A competent lawyer can manage all these legal formalities excellently. Divorce can be one of the difficult situations that an individual has to encounter in life. Along with that couples have to deal with complex legal issues while undergoing divorce.

In Virginia Beach child custody cases, judges often appoint a Guardian ad Litem (GAL) for the children. Most family court judges do not favor having children testify in court during a child custody hearing. Custody cases are stressful and emotional matters for the parents involved, and even more so for the children. A Guardian ad Litem (GAL) is an experienced family law attorney who is appointed by the court to represent the interest of the children in a contested child custody case.

The specifics of divorce cases and all of the related issues change depending on what state you live in. For this reason, it is best to be informed regarding the law and requirements of your state before beginning the process of ending a marriage or domestic partnership.

The social media sites Facebook is being blamed for causing an increase in divorce in the United States. With the increase in social media involvement around the world, it has also caused an increase in couples filing for divorce. In recent years, Facebook has been mentioned as a cause of divorce cases all over the United States.

When a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.

The billionaire owners of the Philadelphia Eagles have announced their decision to file for divorce in PA after 20 years of marriage. The owners of the Philadelphia Eagles, Jeffrey and Christina Lurie, have announced their decision to divorce, ending their marriage of 20 years.

Military divorces are subject to both state and federal regulations for retirement distribution. In Hampton Roads, VA the military divorce lawyers at Garrett Law Group are available to answer your questions. Due to the extensive military presence in Hampton Roads, it is no surprise that many divorces filed in Virginia Beach are filed by military members or military spouses.

New York was the last State in the Nation to adopt no-fault divorce. Learn how no-fault divorce makes it easier for you to get the divorce you deserve. On October 11, 2010 New York divorce law finally joined the rest of the United States when it began to allow no fault divorce. A no fault divorce simply means that you no longer have to prove that your spouse is at fault for the court to permit you to get divorced.

Each county in the state of North Carolina has a Child Support Enforcement office or CSE that is tasked with enforcing child support orders. The Division of Social Services of the Department of Health and Human Services also has the authority to enforce child support orders throughout NC.

Child custody laws vary from state to state. In North Carolina, any relative of a child may file a suit asking for custody. The only exception is a biological father who became a father because of raping the mother. Sometimes, families can work together to decide custody arrangements without the help of the court.

Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction.

Divorce can be a very messy business and difficult to go through for all parties involved. However, it becomes far more grim ordeal when hidden assets come into play. One or both parties may charge the other with hiding assets, either through there being significant worth in the marital estate that the other has taken or through there being a significant amount of money made by both spouses during the course of the marriage that does not reflect the value of the estate.

Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.

Child support is a monthly payment to cover the day-to-day expenses of child/children. Both parents are financially responsible for their children, and the court may order either or both of the parents to pay Child support, based upon each parents’ income, and the percentage of time each parent spends with the children.