Family Law Articles

These days it is not uncommon for divorce agreements to contain provisions requiring parents to pay for their children's college education; however, often their financial obligation is capped at "SUNY", that is, the cost of a public university.

Filing for divorce may have been one of the most difficult and emotionally stressful periods of your life; but now that the divorce is finalized and your ex-spouse is failing to abide by a court order, where should you turn? You have rights to enforce this court order, and failing to exercise these rights can have serious consequences on both you and your family.

Many divorces are far from clean and easy. Many spouses try to hide income and assets so that they are not considered during the divorce proceedings. Here are a few simple ways to discover hidden assets of your spouse.

Cruel and Inhuman Treatment - this breaks down into either physical cruelty or mental cruelty. Mental cruelty requires a course of conduct likely to have physical manifestations and physical affects upon the innocent spouse. (New York Domestic Relations Law, Section 170.1)

Parenting agreements or as they are sometimes referred to as a parenting plan can be helpful in dealing with issues your children will face in the future. During the process of developing the parenting agreement you must think about all of the issues involving your children's lives. In the event of a divorce, issues involving your children will be extremely important to you.

There was a case called Majauskas v. Majauskas in New York State. This case set the standard for the division for all types of retirement plans. The Majauskas formula regarding the division of Retirement Plans as follows: Retirement plans of all types and nature including but not limited to 401 k plans, 403 b plans, IRA's, pension plans, profit sharing plans and all other retirement compensation plans are equitable distributed in a divorce.

If child custody and/or visitation arrangements have not worked out, the non- custodial parent can bring an application to either the Family Court or Supreme Court to modify the child custody arrangements (if the parties have remarried). Men often do poorly when dealing with the Family Court or the Supreme Court in child custody and visitation matters.

The easiest way to reduce a child support order is to contact the mother of the child. Advise her of your financial circumstances and hope and pray that she will agree to a voluntary stipulation that downwardly modifies your child support obligation. Unfortunately, in most situations, this doesn’t happen! When love is gone, what she wants is your money!

The father child relationship is recognized under New York State Law to be equal to the mother child relationship. - Effects of Divorce - A divorce can affect many areas of your life. It can affect you financially and emotionally. It can cause changes in the relationship a parent has with his children. Our firm works extremely hard to protect the interest of men and fathers during the divorce process.

When Pennsylvania child custody is split between parents, conflicts almost inevitably arise. One issue that I am often asked about is what happens when one parent wishes to relocate with the child. The Superior Court of Pennsylvania recently analyzed this issue under the new PA Child Custody Law (23 Pa.C.S.A. § § 5321 et seq.).

Domestic violence is no laughing matter; however, false allegations can tear a family apart and force an innocent person to gain a permanent criminal record. Domestic violence refers to violence that occurs between two spouses, intimate partners, former partners, family members and people who live together. Domestic violence, otherwise assault and battery that occurs in any of the above relationships takes place in every race, religion and socio-economic class.

Filing for divorce is oftentimes categorized as one of the most emotionally traumatizing and disheartening experiences in a person’s life. There is, however, a silver lining on the dark cloud of divorce. When a person chooses to legally separate from their current spouse, there are very few positive outlooks to have on this type of situation. Many people often assume that the divorce process will be tiring, disappointing, and ultimately very costly.

Elder Law is a term that has been coined to encompass the body of law regarding the aging population. It is an area of law that has seen significant growth as the baby boomer generation ages.

The practice of elder law is an area of expertise that developed from the need of a growing population of senior citizens with specific legal issues. What can an elder law attorney do for you or a loved one? Elder law is a relative new area in the practice of law, arising from the need of a growing population of senior citizens with specific legal needs.

Divorce can create quite an emotional roller coaster for some individuals. This is why one of the first questions that most people ask their divorce attorney is how long will it take to acquire a divorce. While we would love to be able to give you a definite answer, it is not that simple. There are a lot of aspects that go into divorce proceedings, but this will help to give you an idea.

It is important to choose an attorney who is skilled in divorce law to handle your case. But how do you go about choosing the right one? A divorce touches every part of your life. It involves your income, assets and where you reside. Additionally, if you have children it involves commitments and obligations for many years to come. But, all too often, the most devastating aspects of a divorce are the emotional and financial costs.

Find out of you are ready for a divorce. I don't think my wife likes me very much, when I had a heart attack she wrote for an ambulance.- Frank Carson “You don't know a woman till you've met her in court.”- Norman Mailer In the absence of sound legal advice from a competent divorce lawyer a divorce can be an emotionally traumatic and financially taxing experience. Most clients who come to see us during their consultation session are asked a series questions to determine their divorce readiness.

Divorce Attorney Sherea-Ann Ferrer provides information on what specifically to focus on when trying to hire a family lawyer. Prospective customers frequently want to know what they should look for before opting to hire legal counsel. And oftentimes my initial highlight on the list surprises them. Apart from closely checking a divorce attorney's qualifications, my #1 element to focus on when visiting a divorce attorney falls in the realm of personality compatibility.

While the common form of marriage is one that takes place under legal sanction and is recognized under a civil marriage contract, other forms exist as well. Common law marriage is a term used to identify the interpersonal status of a habitual relationship of longstanding. Believe it or not, your relationship could be recognized under legal jurisdictions as a common law marriage even if no ceremony or legal contract were entered into prior to the change in status.

If you expect to retire when you are in your mid-60s, you are going to have to save enough money to provide for your needs for perhaps 20 years or more. Most people will require a thoughtful and practical plan to be able to accumulate the resources that they need to comfortably enjoy their retirement years.

Adam J. Blahnik, a Minnesota child support lawyer and divorce and family law attorney, breaks down the basics of the Minnesota child support laws. If you are in a position where you will either have to pay child support or will be receiving child support, this article provides an overview of the child support laws in the state of Minnesota.

Adam J. Blahnik, a Minnesota divorce and family law lawyer, explains how Minnesota is considered a common law property State (or marital property State) as opposed to a community property State. He then details the difference between "marital property" and "non-marital property" in Minnesota.

Minnesota divorce and family law lawyer, Adam J. Blahnik discusses the problems with the Minnesota child support laws regarding the inherent skepticism of parents who are legitimately wanting parenting time with their children at least 45% of the time. In the year 2007 the child support laws in the State of Minnesota were changed to form a nexus between the amount of time that a parent has with a child and the amount of child support that the parent must pay.

Adoption and foster care arrangements can be terrific alternative for children with troubled backgrounds. After all, children living in these types of arrangements may be blessed with a loving family. If you are looking for insights one these family situations, you've come to the right place.

It can be quite devastating to discover that your spouse may have ventured out of your relationship and had an affair. While this is a common reason for divorce it is not taken into consideration the way that people think it is during the divorce proceedings. The Florida courts try to avoid getting wrapped up in the battles between spouses and who is at fault for the divorce.

Despite everyone’s best intentions, some marriages just don’t last. In these cases, most of the time, divorce is the most logical (and healthy) route to take for both parties. Whether you have been served with papers from your spouse, or are considering filing them yourself, your emotions may be running high. Setting a reasonable, logical tone in the beginning can help make the difference between an amicable divorce and a bitter one.

When you are anticipating the eventualities of aging long-term budget projections are necessary. To estimate your future expenses accurately you have to be fully aware of the facts, and with this in mind you would do well to know a few things about long-term care and the costs involved.

If you are not apprised of current elder law statistics you may be somewhat surprised to hear about the facts regarding incapacity among those who reach an advanced age. According to the Alzheimer's Association, some 13% of senior citizens are afflicted by the disease. Alzheimer’s causes dementia, which can rob its victims of the ability to make sound personal, financial and medical decisions.

At some point in your life you may have a loved one who requires the care and attention that only a nursing home can provide. The decision to place your loved one in a nursing home is never reached easily. Once you have reached the decision, it is important to choose the best nursing home possible for your loved one’s care.

Although we may dread the aging process, most of us hope to live long enough to enjoy our “golden years». If you still have many years to go before your own “golden years», there is a good chance that you have a loved one who is currently enjoying his or hers.

If you're a Virginia woman facing a military divorce, you probably have questions about child custody. Speaking with a Virginia child custody attorney can help put you develop a strategy. Military divorce is different from civilian divorce in many ways, but one thing they have in common is that custody issues usually take center stage.

It is well known within the family law world that more people file for divorce in January than any other month. This is true in Pennsylvania as well as across the country. This statistic can be attributed to a number of factors. Couples in Pennsylvania as well as nationwide often choose to wait to file for divorce until the holiday season has passed in an effort to avoid upsetting family traditions.

“I promise to be true to you in good times and in bad, in sickness and in health. I will love you and honor you all the days of my life, to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part.” - Wedding Vow -

When it comes to matters of the law and the criminal courts that address these matters, the same set of standards do not exist for juvenile delinquents as for adult offenders. In fact, in most instances juvenile cases are tried in a completely separate court system than that of the adult courts.

If you're a mature woman getting divorced in Virginia, you have a lot to consider. Later-life divorce is on the rise, and it brings with it its own set of challenges. Be prepared for what lies ahead so you can move on to your new life. Are you a woman over 50 getting divorced in Virginia?

As a Pennsylvania family law attorney, I regularly counsel both mothers and fathers with regard to PA divorce and child custody actions. While each case is certainly unique with its own set of facts and circumstances, below I’ve outlined five general tips to increase your likely of success in your child custody case.

“ABLE,” has been proposed again in both houses of Congress. The purpose is to encourage and assist individuals and families in saving private funds and to provide secure funding for disability-related expenses. At the urging of a number of national disability advocacy groups, federal legislation to "Achieve a Better Life Experience", more commonly known as "ABLE," has been proposed once again in both houses of Congress (HR 3423 and SB 1872) in November 2011.

If you are thinking of downloading a standard divorce form instead of hiring an experienced divorce attorney you must read this article. Many times downloading standard divorce forms may result in higher expenses than simply hiring an attorney from the onset.

Custody and Parenting Time Issues Presented - If you are facing a child custody issue due to either the custodial or the non-custodial parent moving out of state, make sure that you're on the right side of your state's child custody law and operating within the confines of your child custody agreement.

If your loved one is in need of long term care, you’re probably taking the time to compare different long term care facilities and options. Many seniors prefer to age at home so that they’re able to live a more comfortable life in a familiar environment. If you’re considering at home care for your loved one, you will need to carefully consider his or her needs.

Once in a while you hear a statistic that is so jaw-dropping you question whether or not somebody made a mistake in passing it along. In the elder law community there is one of these that has been circulating for the past several months that is really attention-getting.

Unless you have been living under the proverbial rock you are aware of the fact that the powers that be in Washington are consumed with the matter of the federal deficit. A while back a deal was struck to raise the debt ceiling so that the government could remain operable. This agreement included the appointment of a congressional committee that must come up with a plan to reduce the federal debt by $1.5 trillion over the next 10 years.

When you're making plans for your retirement it is important to have a cogent and realistic understanding of the limitations of Social Security. You can't get into the head of every person who is unprepared for retirement, but it would be logical to assume that a high percentage of individuals have unreasonable expectations regarding how far Social Security will get them.

Atlanta elder law attorneys can help you get prepared for all the eventualities of aging, and it is truly best to have a comprehensive plan in place. When people get interested in estate planning they invariably recognize that they may well experience a period of incapacity before passing away, and this is something to recognize and address through the execution of the proper documents.

Elder financial abuse is one of the major issues that is a hot topic in elder law circles at the present time. Though it is hard for reasonable people to understand how anyone could target vulnerable senior citizens, it is something that happens with alarming frequency. The MetLife Mature Market Institute does a lot of very valuable work that shines a spotlight on matters of interest to seniors.

Prior to the enactment of the 2003 Parentage Act, there was a problem for non-custodial parents in cases where the parties were never married in attempts to prevent the removal of a child from the State of Illinois, during or after there had been an establishment of a parent/child relationship.

That recently, the Circuit Court of Cook County Amended Rule 13.3.1 the Rule relates to mandatory disclosures. Previously, the Rule provided that a party seeking child support, maintenance, modifications of child support or maintenance, Section 513 hearing attorneys fees or any other matter involving the sharing, splitting or allocating of expenses must include a Disclosure Statement prior to the Hearing.

That approximately fifteen (15) years ago on a suggestion from Wendy Morgan, my partner at the time, Louis Capozzoli, and I decided to take payments from clients through credit cards.

As some point in your life, you are likely to have an elderly loved one who is unable to fully care for himself or herself. As people in the United States live longer, the population of people over the age of 65 continues to increase. Many people now live into their 80s and 90s with a great deal of independence. Even those who are relatively independent, however, eventually need some type of assistance in most cases.

Four practical "to do's" to follow after being served divorce papers. It is important to put yourself on the right track after being served divorce papers. Things such as your response to the divorce petition, choosing your form of legal representation and securing your finances are some of the key points to focus on soon after being served.

Under certain circumstances child support may be subject to an increase or decrease, in which case an attorney may file a petition for a modification with the court. When it comes to paying and receiving child support, they are subject to change and are not necessarily permanent. Whenever either party has experienced a significant change in circumstances, it may warrant a child support modification.

Study any details you can obtain on divorce mediation, the better you are knowledgeable about the procedure the more successful you will be. At your initial procedure you will determine ground principle to be more successful. At your initial procedure you will determine ground principle to be more effective. Given the dynamics of the scenario emotions will sparkle and conversation will get heated.

Annulments in Virginia make a marriage null and void. To get a Virginia annulment, though, there must be fraud or defects in the marriage. To discuss your situation, call a Virginia Beach divorce lawyer. In Virginia, annulments are permissible, but only under strict circumstances. For most couples, getting an annulment in Virginia isn’t a viable option, but if you think your situation calls for one, you’ll need to consult with an experienced Virginia Beach divorce lawyer.

There are some statistics that you run across that are kind of hard to believe if you have not already done some research into the subject in question.

Gay and lesbian parents have suffered decades of court discrimination in child custody cases. The state of California and other states have recently adopted a nondiscriminatory approach to granting child custody rights to gay and lesbian parents, but subtle forms of prejudice still exist.

In Bangladesh at a present days the Divorce has become an issue dealing with all legal attempts at all its three stage; before Divorce Notice, at the statutory period of 90 days and after expiry of statutory period.

With several different types of child custody, a family going through the divorce process can easily become frustrated and confused. Fortunately, a divorce attorney can provide families with the relief and legal advocacy they need to make the right decision.

The IRS has regulated that a taxpayer can only claim a dependency exemption for a qualifying relative or child. If you are trying to claim dependency exemption for a child, you need to understand Regulation 1.152-4(c) of the IRS bulletin and how it applies to you.

Understanding the Importance of Defending Yourself against a Protective Orders

Practical tips and considerations for handling child custody and visitation issues throughout the holiday season.

As you reach the latter stages of your working years it is likely that you are simultaneously tying up any loose ends that remain as you prepare to ease into retirement.

It is important to know and understand how the division of property works in your marriage. There are properties that will be considered marital property and properties that will be considered non-marital property.

Divorcing can be exceptionally tricky. Not only are you taking a life that was formally combined with someone else and separating it to a single’s life, but more often than not asset division is not agreed upon by both parties involved. Your Florida divorce attorney will be able to advise you and all matters regarding the division of assets.

Judges don’t favor in-home separations in Virginia, but there are exceptions. If you’re getting a divorce in Virginia, speak to an attorney to discuss your separation options.

Most people are well aware of the fact that the subject that is consuming the lawmakers in Washington is the federal debt.

A brief note on the provisions of Ethiopian Legal System governing child custody.

A brief note on alimony / spousal support under the Ethiopian Legal System.

A brief note on Defacto Divorces and their implications according to Ethiopian law.

Do you want to know how Disputes Arising out Marriage and Irregular Union can be settled as per Ethiopian law? Below you will find a brief note on the topic.

The Civil and Commercial Code (CCC) of Thailand is the main source of legislation which provides who may and who may not get married under Thai laws.

In 2010, citing the Eight Amendment’s bar against cruel and unusual punishment, the United States Supreme Court determined that the immature and potentially malleable nature of juveniles precludes a judgment that a non homicide juvenile offender will never to be fit to reenter society (Graham v. Florida (2010) __ U.S. __, 130 S.Ct. 2011).

An application for divorce in Australia must satisfy the only requirement established by the Family Law Act 1975 (Cth) - that there has been an ‘irretrievable breakdown’ in the marriage. Importantly, the court will not consider whose fault it was that the relationship broke down.

Consulting a family law attorney prior to getting married or having children may prevent many difficulties later, when you decide to get divorced.

With over 2000 Divorces granted in Trinidad and Tobago in 2010, this article presents an introduction to the divorce process as it relates to the Republic of Trinidad and Tobago.

If you are considering filing for a divorce, you will need to think about child support and child custody. Even though both parents want what is best for their children, it is not always easy to see eye-to-eye.

The Centers for Disease Control and Prevention has issued data reporting that in the past decade the divorce rate in Florida has hovered between 40-50%.

What are the differences between civil unions and same sex marriages? What should you know about issues like prenuptial agreements and divorce?

According to the latest demographic report of the Statistical Service of Cyprus for the year 2009, the number of divorces is increasing. Particularly, in 2009 the number of divorces increased to 1738, compared to 1639 for 2008.

Baldemar Landa was sentenced in U.S. District Court to a minimum term of five years in state prison for violating the federal Controlled Substances Act. He pled guilty to possession of cocaine with intent to sell, as well as two other related charges.

Divorce in Thailand is coupled with many other concerns. These concerns do not only involve the divorcing partners themselves, but their children as well. One issue in divorce which involves children is child support.

Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.

These are interesting times in the elder law community because of the fact that the population is aging so rapidly.

The relationship that is established by law between a father and his child is called paternity. Paternity in Thailand is presumed in a valid marriage. Therefore, a child born out of a valid Thailand marriage is considered the legitimate child of the husband.

The divorce process can contribute to substantial stress, especially about money and the future. We get it; you are not in this by yourself. This article, Your Alimony Rights: The Florida Basics, may help you attain piece of mind and get a more restful sleep. Consultation with a qualified family law attorney is recommended for specific legal advise about your particular situation.

Foreigners who want to adopt a child in Thailand must understand that adoption is processed through the Child Adoption Center of the Department of Social Development and Welfare (DSDW). The DSDW is the sole government agency that is tasked to facilitate the adoption process in Thailand.

Couples who cannot resolve their marital problems can decide to end their marriage by getting a divorce. But not all marital issues can be used as grounds for a divorce. Section 1516 of the Thai Civil and Commercial Code provides the legally acceptable grounds for divorce in Thailand.

A Guardian / Conservator is appointed by the Court when someone is unable to make their own decisions and/or ensure their own care.

South Carolina Criminal Domestic Violence, or CDV law, is a serious criminal offense. Men and women from all backgrounds can find themselves the subject of a criminal arrest and prosecution for either a misdemeanor or felony level domestic violence charge. This article provides a brief introduction to the CDV law including the legal standard and possible penalties.

When two people get a divorce, they will have to determine which spouses will be responsible for which debts. If your spouse fails to meet their obligations, creditors may harass you for payments.

Juvenile cases are handled in the family courts. Whether they involve a child custody dispute, or if the juvenile committed a crime, it will be crucial to enlist the services of an attorney.

Visitation rights refer to a non-custodial parent’s right to visit with their child. In each divorce where children are involved, child custody and visitation must be addressed and outlined in the divorce decree.

A grandparent’s rights to child custody and visitation have been a late evolving aspect of family law. There will be times when a grandparent will be awarded custody and visitation of their grandchildren.

When a parent has legal custody they have the right to make important decisions on behalf of the child. Parents can be awarded joint legal or sole legal custody.

Annulment is distinct from divorce in that it claims that the marriage never legally existed, or that it was based on fraud. To get an annulment, one must do so before the statute of limitations expires.

A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her in the matter.

Legal separation is very similar to a divorce except for the fact that the marriage is not terminated. For some couples, it may be more beneficial to become legally separated as opposed to getting a divorce.

The state of Florida encourages both parents to play an active role in their child’s life. In all cases, when the courts make a determination in a custody matter, it will be based on what they believe is in the best interests of the child.

Divorce is not a simple process; it involves asset and property division, child custody (if there are any children), visitation, child support and alimony (if any). When a divorcing spouse neglects to hire their own representation, they run the risk of forfeiting their rights earned through marriage.

Domestic violence is taken very seriously in the state of Florida. Depending on the facts surrounding the case, the severity of the injuries and any prior history of domestic violence, it can be charged as a misdemeanor or felony offense.

In marriages of a significant duration, the issue of whether or not spousal support is paid will have to be addressed. Spousal support or alimony is not automatically awarded in divorce; however, it can be awarded under certain circumstances which are up to the judge’s discretion.

Mediation allows divorcing couples to come to terms on the details of their divorce without having to go to court. The non-adversarial process works towards amicable solutions so the parties can go their separate ways without conflict.

Mothers and fathers play a pivotal role in the raising of a child. When a father’s rights are being questioned, or denied, then he should pursue legal recourse to have those rights vehemently protected.

Restraining orders are an important instrument in serious domestic violence situations; however, they can be taken out against someone based on false allegations. If a restraining order was taken out against you, it’s important that you act quickly to dispute the allegations.

Child custody and visitation can be one of the most contentious aspects of any divorce involving children. Since the integrity of your relationship with your children is at stake, it is essential that you seek the advice of an experienced family law attorney in your child custody matter.

Domestic conflicts can easily take a turn for the worse and get out of hand. When somebody gets hurt and the alleged attacker was a spouse, or partner, then they can face serious domestic violence charges.

When a couple decides to dissolve their marriage, they will have to make important decisions regarding asset division. In cases where the couple cannot agree on how to divide their assets, then the courts will step in and decide for them.

Collaborative divorce takes a non-adversarial approach to the divorce process. If properly executed, collaborative divorce can save a significant amount of time, heartache and expense in the long run.

America’s elderly population is expected to explode in the next twenty years as baby boomers reach their sixties and seventies. Unfortunately, the elderly are particularly vulnerable to financial exploitation by their family members and caregivers, and should be protected when they are taken advantage of.

Couples in same sex marriages who are seeking a divorce will have to address the same issues as in heterosexual marriages. With the changing laws it’s especially important to have a qualified divorce attorney guide you through the legal process.

There are seven grounds for divorce in New York State. In October of 2010 the law changed to add irretrievable breakdown as a legal reason for getting a divorce – opening the door for everyone to get a divorce.

Grandparents can play a very important role in their grandchild’s life. There are times when a grandparent might be denied visitation with their grandchildren by one or both parents, when this happens they can petition the courts for visitation rights.

How a divorce plays out has a significant impact on American families. When couples cannot agree on the terms of their divorce it is labeled a “contested divorce.”

Every year countless individuals are victims of domestic violence. Getting a restraining order against your abuser may be the most effective step you can take to put an end to the senseless violence.

Child abuse affects every aspect of our society. Charges or allegations of child abuse can play a significant role in the outcome of divorce proceedings and child custody disputes.

Historically, the mother gained custody of the children in Long Island divorces. Even though courts are coming around and giving the father more consideration than before – their rights can still be overlooked in matters relating to child custody, visitation and support.

Domestic violence is a serious nationwide concern affecting every race and socioeconomic class. Unfortunately, it also happens to be one charge that is frequently abused – targeting innocent people who are frequently involved in a bitter breakup or child custody dispute.

Issues of child custody and visitation are often the most emotional ones encountered during a divorce proceeding. Both parents are interested in the well-being of their children, but their beliefs and methods of upbringing may differ greatly.

When pursing a divorce or legal separation, even if you are using a family law attorney, it's important to understand the state Family Code. There are many limitations, eligibility requirements, and varying waiting periods that you must consider as divorce is not an instant process. While it should not be construed as legal advice, the following guide can help you better understand the Texas divorce process.

Divorce is a difficult matter for most people. Understanding your legal rights and is important when thinking about a divorce. This article offers a brief overview of the divorce process in Nevada.

As early as 1985, elder abuse was called a “national disgrace” by the U.S. House of Representatives, Subcommittee on Health and Long-Term Care of the Select Committee on Aging. More than a quarter-century later, it continues to be a national disgrace. Until recently, however, no one has quantified the cost.

The United States divorce rate has a reputation unto itself. While some authorities claim that 50 percent of marriages end in divorce, others reject this overwhelmingly large statistic. In reality, the actual percent varies by year but it is safe to say that a good deal of marriages are unfortunately followed by divorce. The fluctuating divorce rate often leaves all who survive it in an unplanned for state of disarray and this includes the extended family members of the couple divorcing.

This term may be foreign to anyone facing a difficult custody battle, but it is important to know the role a guardian plays in our Court system.

If you have a senior loved one who is in need of long term care, it’s important to choose a reliable and trustworthy caregiver.

Very few fathers obtain physical custody of their children. Some suggest that the family law courts are biased against men; others point out that fathers are rarely the primary caregiver for their children, and so don’t get custody. Either way, as a father, you need to understand the types of child custody.

Under the Marriage Equality Act, the state of New York officially recognizes gender-neutral marriages for opposite-sex couples. It was signed into law on June 24, 2011, and it will go into effect on July 24, 2011 – thus providing equality for all sexual orientations.

After the dissolution of marriage the next step will be liquidation of pecuniary relations. The pecuniary relations between spouses shall be liquidated by agreement or by retaking of personal property.

Is divorce permitted under Ethiopian law? Yes, the right to divorce is allowed in all types of marriage, be it customary or otherwise and divorce is granted irrespective of reason. Both spouses and either one of them may want the divorce so the court shall accept and consider the petition is forwarded to it by the spouses mutually or by one of the spouses as sole petitioner.

If you are considering marriage in Ethiopia or want advice for someone who is, here is a short review. Under Ethiopian law, marriage is recognized as such whether celebrated traditionally, religiously or by court according to the law.

Do you know about the causes and effects of dissolution of marriage? Here there are some explanations about the causes & effects of dissolution of marriage. To talk about dissolution of marriage, first availed marriage must be exist.

As the roles of mothers and fathers are progressively changing, the family courts in the state of Florida have taken notice. Child custody is not automatically awarded to the mother in a divorce. Today, both parents are given equal consideration in determining who gets the kids.

Effects of apostate from Islam (Convert from Islam).

Dying without a will, known as dying intestate, can create an avalanche of problems for the surviving family members. But what happens if the family is blended? How do you ensure that everyone receives the portion of the estate that was intended for them?

In the state of California, spousal support or alimony is awarded on a case-by-case basis. There are, however, a number of factors that determine whether or not support will be awarded. These factors also carry weight when determining how much will be awarded and for how long.

It is not uncommon for circumstances to change after a divorce. In some cases, a parent may desire to relocate to another county or state with the children. When this happens, they have to file a “motion to modify” with the family courts in order to gain approval from a judge.

A Protection from Abuse Order (PFA) is a vital tool for domestic violence victims; however, it can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result.

Unfortunately, many of the latest statistics suggest that the majority of Americans nearing their 60s are not ready for retirement. Although recent findings indicate that people are better prepared for retirement than they were less than a decade ago, all is still not well.

In the past thirty years, our nation has seen a surge in the number of children that are born to unmarried mothers. Due to this trend, the issue relating to the rights and responsibilities of unwed fathers has spurred a worldwide social movement.

Senior citizens are especially vulnerable to negligence or abuse due to their fragile nature. When their loved ones discover elder abuse or neglect, they may have grounds to pursue a personal injury lawsuit against the legally liable party.

It is not uncommon for people to procrastinate before they put an estate plan in place, and they do this for a variety of different reasons. Perhaps the most common one is the simple fact that they feel as though they have plenty of time before the matter is truly relevant. While it is true that the average life expectancy in the United States as of this writing is 78.4 years, it is probably not a good idea to wait until you are 75 to begin to plan your estate.

In order to bring an action before the Court to modify an existing child support order, the parent requesting the modification must be able to show that one of the following has occurred:

If you’re a veteran in need of extra care and assistance, you may have looked into qualifying for aid and assistance benefits.

Many parents choose to create a will so that their minor children are always protected. While a will allows you to appoint a guardian for the care of your minor children, it doesn’t allow you to fully explain the level of care that is needed.

Collaborative divorce in Virginia trumps traditional contested divorces because they help reduce emotional turmoil. For legal guidance, contact a Norfolk divorce attorney.

High school and college students are very likely to succumb to peer pressure. Unfortunately, giving in to this pressure can inadvertently result in breaking the law which can ultimately lead to conviction.

In a divorce, it is often necessary to conduct “discovery” – which is the method by which a party can “discover” information about the other party that is relevant to the divorce. Conducting discovery allows us to obtain full disclosure of particular facts, such as income and liabilities of the parties, the value of certain assets of the parties, and facts relevant to child custody and support issues.

These days you can find information about "how to" do just about anything on the Internet, and the ability that we now have to rapidly exchange information is certainly a good thing. However, it is important to be discerning about the types of things you can and can't effectively do for yourself with some instructions that you get online.

Concepts of marriage, divorce, Haq Mehr and Khula in Pakistan.

Nearly 80,000 Florida residents file for divorce each year. And, Florida has the nation’s highest percentage of residents over the age of 65. Many people enter into a second marriage with significant assets and adult children.

When it comes to medication and the elderly, it is not uncommon for dangerous mishaps to occur.

One of the biggest concerns in Elder Law is Elder Abuse. It has always been a concern for those vulnerable adults who are institutionalized in Nursing Homes or state hospitals, especially as the population in this country grows older. Abuse is also an issue in instances where elderly adults are being cared for at home by their grown children.

While funeral planning is an important aspect of an estate plan, we offer the top five reasons not to enter into a prepayment plan with a funeral home.

A large majority of people in the United States believe that you have to have a lot of money available to you before you can retire, but this isn’t necessarily true. Although it doesn’t hurt to save money when you can, you don’t have to be wealthy in order to enjoy your retirement years.

Juvenile delinquency is a national concern that deserves focus at home and in the community. Statistics have proven that taking a rehabilitative approach towards juvenile crime reduces the chances of the juvenile offender returning to prison for future crimes.

An in-home separation with your spouse doesn’t have to be stressful.

If you’ve started creating an estate plan, then you probably know there’s more than one way to address all your concerns.

Every year, many U.S. citizens make the decision to adopt a child from overseas.

In this article the author discusses on the Top 5 ways to prepare yourself for divorce.

The author discusses how parents can develop parenting time in Minneapolis, MN.

Assisted living is a type of residence for the elderly and disabled that may need assistance with daily living, but don’t necessarily need around the clock care like is available from nursing facilities. When someone lives in an assisted living residence, they have far more privacy and independence that they would have if they were a resident at a nursing facility. Residents of an assisted living facility are free to come and go whenever they choose.

If you have a family business that you would like to pass down to the next generation, a Family Limited Partnership may be an estate planning tool to consider.

Have you asked the guardian that you named in your will if he or she will actually serve if needed? When you name anyone in a position of authority in your estate plan be sure that he or she is actually willing to serve.

Many people make small mistakes and their estate planning wishes are not followed. It's important to stay on top of your estate plan duties so that you not only have a great plan that meets your needs, but also follows your wishes. Take a look at some of the information below to learn how to prevent a simple mistake before it happens. If you have any questions or if you'd like assistance with your estate planning affairs, consult with a qualified estate planning attorney.

When you start to explore the subject of estate planning you are invariably going to hear about probate avoidance. People who are new to the subject may not even know what probate is much less why they might want to avoid it, so we will take a look at the matter here.

Even if you are new to estate planning, you may have heard that you should avoid probate.

When you are in a small business partnership with others you must approach estate planning differently than those who don't have assets tied up in a business.

Everyone is aware of the fact that they should have some vehicle of asset transfer in place such as a last will or a revocable living trust.

While a marijuana arrest is not the end of the world in a child custody dispute, it must be dealt with - and in some cases it could swing the ultimate custody decision.

Tough New York Divorce Laws Credited with Low Divorce Rate.

Young married couples who have just had their first child understand that the joys of parenthood come with great responsibility. These young parents want to do the best for their child by planning ahead for their future, and by making sure that the child will be secure no matter what happens.

For many parents, choosing who will raise their minor children if both parents die is not only disturbing to think about, but is often the most difficult decision they have to make when planning their estate. However, it is also one of the most important. Failing to make and document the decision can lead to outcomes the parents never would have wanted for their children.

When a person dies, federal estate tax may be due. These are taxes that are due when the assets are passed to another person. Most people refer to this tax as the “death tax.” You may be aware that there are new laws regarding this tax. It is important to stay on top of the new tax law so that you know how you may be affected. Will you have to pay estate taxes?

If you have begun your estate planning, you are taking an important step in planning for your future. It is important to discuss your estate planning with your family. This will not only let them know that you have taken care of this responsibility but it will also be a great way to communicate your wishes and talk about your desires for the future.

If you don’t have a will, the state of Arkansas has one for you. Here is what happens to your assets under Arkansas intestacy laws.

The Irrevocable Life Insurance Trust (ILIT) is typically used to get the value and proceeds of an insurance policy out of an estate so they’re not taxed for federal estate tax purposes. The use of ILITs is not complicated, but there are some administrative hoops to jump through. Your estate planning attorney can do much of the jumping through hoops on your behalf.

Protecting Yourself from Unscrupulous Long Term Care Insurance Practices and Policies - Unscrupulous agents target seniors for improper long-term care. Be careful of long-term facilities that do not meet your needs or are misrepresented.

A Health Care Directive is a legal document that allows you to state your medical wishes in the event that you become mentally incapacitated.

Assisted living is a type of residence for the elderly and disabled that may need assistance with daily living, but don’t necessarily need around the clock care like is available from nursing facilities.

One of the most pressing matters facing lawmakers on Capitol Hill at the present time is the federal budget.

The author reviews Minnesota's child custody laws.

It’s quite a figure: according to the Wall Street Journal, 30% of 401(k) owners now have a loan outstanding.

When you own a business, you pour an immense amount of time and energy into making sure it is successful

If someone close to you has named you the Executor of their Will, you’ve been appointed to a position of great honor and responsibility.

Everyone needs a basic estate plan

One of the things that you are going to have to decide upon when you are planning your estate is the primary vehicle or vehicles of asset transfer that you want to utilize.

Wandering in a potentially deadly problem for nursing home patients with dementia and other medical conditions that make them unable to appreciate the dangers around them.

The fentanyl-overdose death of a central Illinois nursing home administrator really called into question the judgment of the owners of Timbercreek Rehab & Healthcare Center for me. Apparently, the owners of the Pekin, IL facility weren't too concerned the fact that their administrator was on probation with the Illinois Department of Professional Regulation for 'substance abuse' issues at the time of his hire.

Virginia child custody issues aren’t always easy to resolve. Some divorcing couples find that litigation alternatives like collaborative divorce or mediation can help.

Divorce settlements are usually set in stone. However, a recent 2006 divorce case was blown wide open after issues over “mutual mistake” arose, potentially changing the course of divorce forever.

The author discusses ex parte orders.

When you create an estate plan, one of the most important things that you could do is to ensure that all of your documents are in order and easily accessible when it comes time that they are needed by your loved ones.

Surprisingly, recent surveys indicate that only a small percentage of married couples in the United States have prenuptial agreements.

Many people think about estate planning as being a purely financial matter, but if you are serious about planning for the future it is important to consider all of the legal ramifications of aging.

One of the elder law issues that is very challenging for many people is the cost of long-term care.

If you’re going through a Virginia divorce, a separation agreement can make the process go more smoothly.

There was an interesting challenge issued earlier this year by two iconic figures who in a very real sense represent the quintessence of extraordinary wealth in the United States.

For an abused spouse to reside in the primary residence without their abusive spouse until the court enters its final orders in a divorce, the abused spouse can file for an Order of Protection.

When going through a divorce, there are basically three options for divorcing couples who own a home together.

There are several things to consider when deciding who get to maintain ownership of the primary residence during and after a divorce.

Q: My husband and I are renters and have 16 months left on a two year lease. Since signing the current lease agreement, we have separated and are contemplating divorce. What happens to a lease on a rental home in a divorce?

Joke gifts, divorce insurance, and singles parties are 3 non-traditional ways to approach a Virginia divorce.

Divorce is difficult at any age, but a later life divorce poses some unique emotional and financial issues. If you’re a Virginia woman considering a later life divorce, you should learn all you can about the divorce process and seek good legal counsel to get you through.

There are several signs of marital breakdown many couples may overlook.

A Virginia divorce is an event that will change the course of your life; hiring the divorce attorney who will represent you during this time takes sound judgment and good instincts. Learn some of the important factors you should consider when making this vital decision.

Considering a Virginia divorce? Divorce mediation might save you time and money and help you negotiate more successfully.

Your situation is not as unique as you might think. Many married couples face the same dilemmas in their relationship which is why it is easier than you might think to fix.

Traditionally, custodial accounts under the Uniform Gifts to Minors Act (UGMA) or the Uniform Transfers to Minors Act (UTMA), were used to gift or transfer money or other assets (up to $13,000 per year) to a minor and manage those assets on the minor’s behalf until they reach the age of majority.

Child Protective Services (CPS) is an Arizona agency mandated under ARS §8-802 for the protection of children alleged to be abused and neglected.

Many of us see the family-law battles of the rich and famous play out daily in newspapers and tabloids. This week we see Charlie Sheen’s soon-to-be ex-wife, Brooke Mueller, entering a rehab facility to deal with an addiction that according to sources close to her, she has dealt with for many years.

While most of us would like to assume that the best person to provide care for a child is one – if not both – of that child’s parents, this simply is not always the case.

Marriages do not end because spouses are getting along too well. And, a marriage that ends in dispute many times leads to a legal battle that only increases the amount of conflict and stress felt by all parties. Unfortunately, Arizona divorce law is designed to be adversarial in nature. When one spouse is pitted against the other in an adversarial proceeding , the parties many times overlook the possibility of reaching common ground and mutually acceptable positions.

Those of you who have an active Arizona child support or spousal maintenance case may have noticed a change in the Arizona Support Clearinghouse fee structure.

But what is considered an act of “domestic violence”? Some forms of domestic violence are obvious, such as hitting, pushing, or otherwise physically striking another person. Other forms of domestic violence may be less obvious, such as verbal threats, intimidation, harassment and stalking.

Did you know that in Arizona, just listing a father’s name on a birth certificate is not sufficient to establish paternity?

Orders of Protection (also sometimes referred to as restraining orders) prohibit one person from contacting another. They are used many times in situations of domestic violence and/or abuse.

Maricopa County recently implemented a new judicial tool to assist with the enforcement of unpaid child support and spousal maintenance orders. This new tool is called Accountability Court.

Holidays can be anything but idyllic for parents sharing custody of children. I’ve put together a few tips for divorced parents to keep in mind this holiday and those holidays in the future.

Going through a divorce is never easy, but we all know, and hopefully understand, that divorce can be especially hard on children. The Superior Court in Maricopa County certainly realizes this and under Arizona law, the parent information class is mandatory in a divorce or custody action.

A victim of domestic abuse can file for a domestic violence restraining order in order to keep the abuser away from him/her. A victim must provide the court with reasonable proof of physical abuse in order to convince the judge to issue the domestic violence restraining order, which requires the respondent to stay at least 100 yards away from the victim. The domestic violence restraining order remains in effect for one year and can be extended.

Splitting the property in a divorce is not always simple – in fact, the difference between community and separate property can become extremely complex. What happens, then, when the community has developed interest in a separate property asset?

What problems does a parent face in hosting a party for minors where alcohol is served?

Domestic violence charges in Arizona are brought against an individual when there is a crime involving a relative or person living with the accused. Therefore, Arizona domestic violence crimes are not just between husband and wives, but also crimes involving partners, past boyfriends and girlfriends, and people who are dating.

Child custody issues have a daily impact on thousands of Minnesota families. For anyone who is going through a divorce or is otherwise involved in a custody action, understanding the framework set out in Minnesota's statutory code is essential.

A brief note of awareness for those married couples who are in Defacto Divorces without Legalizing the Divorce in Court.

The definition of criminal domestic violence in Arizona and domestic violence defense.

Georgia's new child support guidelines is based on a "shared income" approach, a departure from the prior statute that calculated the amount based on a percentage of the non-custodial parent, and could drastically affect how child support is calculated.

Though going through a divorce is never easy and is likely to stir up unpleasant emotions at some point in the process, in most instances spouses who are separating are able to do so without intimidation or threats of violence. There will be times that abuse is a reason for the divorce filing in the first place or anger at events that unfold after the separation lead to an unsafe environment for one of the parties involved.

Divorce is the legal process which ends a marriage. The court can grant either a "fault" or "no-fault" divorce. The process begins with the filing of a divorce complaint in the court. A divorce may also include issues regarding division of marital assets, child and/or spousal support, alimony and child custody.

Following a divorce, courts will apportion debt according to the type of debt that it can be classified as this. This is typically separated into two categories: community debt and separate property debt.

There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.

There is nothing more important in your Family Law Matter than the well-being of your children. A close second is continuing to foster and build a strong relationship with your children, even if you are not the primary residential parent. Below we discuss some of the considerations the Courts make when determining the child custody arrangement with the child.

From incompatibility to infidelity, there are different reasons that couples decide to divorce. For many, however, money troubles appear to be the root cause of the couples’ problems.

Divorce can be an emotional experience for both spouses. For children, it can be one of the most difficult periods in their life. When one parent moves away from the other and children are involved, however, the process becomes even more complex.

Divorces are not always simple – in fact, they are often messy, emotional and can be distressing to say the least. For this reason, when facing a contested divorce, it is vastly important that you do not hesitate to contact an experienced divorce lawyer to help protect your rights.

In 2009, Massachusetts overhauled its 22-year-old child support guidelines. A 12-person task force designed the new rules, which have now been in effect for more than one year.

Restraining orders exist to protect victims against an alleged abuser by keeping the abuser from engaging in activities in or near the victim's home, workplace, or other frequently visited places. A restraining order can also give a victim temporary custody of children, in an effort to keep the children out of harm's way.

In 2009, an Arizona appellate court ruled against a woman seeking equal-time visitation rights for the child that she and her same-sex partner had raised from birth. But for gay couples - or any other people who feel they have a parent-child relationship, regardless of legal definitions - the ruling is not all bad news, and may help to clarify the requirements for visitation when same-sex couples break up.

The author talks about the factors that Minnesota Family Law Courts take into consideration when reviewing child support.

Family law relating to Muslims is governed separately from family law relating to non-Muslims in Malaysia.

Don't simply avoiding your child support obligation. If there has been a substantial change in circumstances, you may be able to modify your child support order.

DNA testing is growing in importance in Ontario estate litigation cases. In his analysis of Proulx v. Kelly the author describes how the biological connection impacts on rights in an intestacy and the statutory presumptions of parenthood on Ontario.

The divorce rate has slowed in recent years, but not across all demographics.

The issues involved in merging families can be more difficult when one or both parties to the marriage are wealthy.

Domestic violence is on the rise in Florida and throughout the country. Should you find yourself being accused of domestic violence, these are some basic guidelines to follow.

The adversarial court system in South Africa is often not well-suited for resolving family law disputes.

Although most couples are encouraged to complete an ante nuptial contract before getting married, some couples only decide after being married that they would like to change the matrimonial property system applicable to their marriage. In these cases they would have to complete a post nuptial contract, which is a highly complex procedure.

For some individuals who cannot have their own children for whatever reason, adoption is the best option for them to build a family of their own.

A discussion from a Minnesota divorce attorney about issues surrounding "extra-judicial agreements" and the ability of parents to agree to family law issues outside of the Courts, especially pertaining to minor children.

Although most transfers between spouses or former spouses in the context of a marital dissolution will be non-taxable, there are some important exceptions. These exceptions are discussed below. The importance of obtaining records showing the tax basis in the asset received through divorce is also highlighted.

With continued high unemployment going into its third year, divorced spouses who have child and spousal support obligations might think to revise their support orders.

This article describes an expedited process of divorce available in Florida.

All alimony is not created equal. This article compares and contrasts the different types of alimony awards available in Florida.

HG.org is happy to announce that our legal team is developing an informative new resource, the U.S. Divorce Law Center at http://www.hg.org/divorce-law-center.html. In our continuing effort to provide useful, law-related information to the public, HG.org has resolved to provide a comprehensive Information Center addressing the various divorce laws in the U.S.

Everyone knows that teen drivers are more likely to be involved in accidents, and statistics have long shown that motor vehicle accidents are the primary cause of death among young people. But how do the various dangers that escalate teen accident rates compare?

Finally deciding to end your marriage can lead you to focus on your future. Not knowing what is going to happen next can cause a lot of stress, even if you and your spouse have worked out the details your divorce. You log in to your Facebook account, and post a quick message about how relieved you are that things are finally over.

Surrogacy is an important way for families who cannot have children on their own to realize their dreams. The practice remains controversial, however, despite the fact that surrogacy has become more common.

Social media sites like Facebook, Twitter and Foursquare have changed the way people connect to friends, family and coworkers. For many users of these services, the day-to-day details of life have become more public, with far-reaching consequences.

Holidays and special occasions can be emotionally draining when you are sharing custody of your children. Divorced and separated parents must communicate with even more diplomacy, patience, mutual understanding, respect, and tolerance than married couples planning holiday travel, dinners, reunions and gift-giving. Juggling schedules during marriage is hard, and it only gets harder after divorce.

Four days after a Missouri judge signed an order granting divorce, the mother of a young boy, with the assistance of her new husband, kidnapped her son from her ex-husband's house at gunpoint. They intend to flee Missouri and cross the border into Mexico with the boy in a stolen vehicle. Because the mother and her husband did not have permission to take the boy from his father's home, this was considered kidnapping.

Arizona's controversial immigration bill, SB-1070, has had far reaching consequences for many Arizona residents. That includes undocumented victims of domestic violence who are living in Arizona. These domestic violence victims face a legal limbo: while many may qualify for an adjustment of legal status, they fear contacting police to begin the process, as contacting police may actually trigger their deportation.

In June 2010, the Arizona Judicial Council tentatively approved the Child Outcome Based Support (COBS) model, which addresses this concern by roughly equalizing the incomes of both households. The Arizona Supreme Court has not yet given the guidelines final approval.

In Ontario section 33 of the Marriage Act suggests that the person who breaks up an engagement is irrelevant to a court's determination about who should get the ring. Notwithstanding the legislation, the common law apparently continues to penalize the person who broke off the engagement. The author reviews the law and canvasses some of the academic responses to the law.

Adoption has a long history in world, as it is a process whereby a person assumes the parenting for another who is not kin and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents. Adoption is intended to effect a permanent change in status and as such requires societal recognition through legal sanction. This brief discusses the law of adoption in the Democratic Republic of Congo [DRC].

After months of speculation and anticipation, nine highly respected judges from the English Supreme Court gave their judgment in Radmacher v Granatino on 20th October 2010. By a majority of eight to one, they upheld the Court of Appeal's decision, holding the husband Nicholas Granatino to the pre-nuptial agreement he signed before he married Katrin Radmacher, a German heiress who worth approximately £100 million.

Congratulations! So you have chosen to marry your lovely Filipina bride in the Land of Smiles. It is definitely the best decision if you are looking forward to a simpler and more straightforward marriage registration procedure. What more, your marriage in Thailand is recognized worldwide as long as it is legally registered at the Thai district office.

Getting married in Thailand is fast becoming the trend for couples who are looking for simple and straightforward marriage procedure. This is of course apart from the country's inherent romantic appeal. Vienamese and their fiancees are among those love birds coming to the Kingdom of Thailand to tie the knot. In this article, we will find out how can Vietnamese get married in the Land of Smiles.

So-called "virtual visitation" is poised to revolutionize family courts across America. Technology has done more than widen our social circles - Skype and similar web-based video chat and telephone sites are helping parents keep a meaningful relationship with their children in spite of the distance separating them.

Children don't always understand the consequences of their actions. As a parent, the best way to support your child through court hearings is to know and understand how they work. Here is a brief guide for concerned parents seeking to better know what to expect with their son or daughter's case.

The author discusses factors you should look at before hiring a divorce attorney.

When a foreigner marries a U.S. citizen and is granted an I-551 Permanent Resident green card, often the card is only good for two years. Why? Because they were married less than two years when the card was issued and the U.S. government wants to monitor their case to see if the marriage lasts. When a two year card is issued, it is called “conditional.”

The treatment of California Registered Domestic Partners under federal tax law as compared to spouses is far from equal, but 2010 private letter ruling by the IRS is major step toward the application of federal law in a way that is consistent with the rights granted RDPs under California law.

Child support in Texas can be a contentious issue at any stage of the proceedings. Whether you’re trying to locate the non-custodial parent for Texas child support payments, or you need to make modifications to your child support payments, it can be a volatile subject.

Among those foreigners who come to Thailand to tie the knot are Chinese citizens. These include citizens from Hong Kong and Macau, the so called Administrative regions of China. The Chinese citizen may marry a fellow Chinese, a Thai National or a foreigner in Thailand. To be able to register the marriage under Thai law, the Chinese marrying party has to be informed regarding the documents and procedure for the Thai Marriage Registration.

Five states (Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire) plus the District of Columbia permit same-sex marriage. Three more states (Maryland, Rhode Island and New York) officially pledge to honor out-of-state same-sex marriages. Seven foreign countries also grant full marriage rights: The Netherlands, Belgium, Canada, Spain, South Africa, Norway, and Sweden.

On May 15, 2008; the California Supreme Court ruled in In Re: Marriage Cases to uphold the freedom to marry. As of June 16, 2008, same-sex couples can receive marriage licenses from the state of California. California is the second state in the nation to allow same-sex marriage. Massachusetts was the first in 2004.

Same-Sex Marriage Update.

Recent Legislation, Decisions, and Trends.

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole. This leaves Florida in a dilemma: it has no parole system. It was eliminated in 1983, on the reasoning that too many former inmates were committing serious crimes after being released early. Now, the state reviews only cases before 1983.

With more people moving between states for jobs and other economic factors, the chances are greater that interstate jurisdiction may become an issue at some point in your Texas child custody agreement. When one parent makes the decision to move out of state, you will need to determine interstate jurisdiction in order to make modifications to your Texas child custody agreement.

Getting married in amazing Thailand is a dream for most couples. Settling in Thailand and starting a family after marriage comes as the next natural thing to do among marrying couples especially those marrying Thai nationals. To ensure the successful realization of these family dreams, it would be prudent to go over the legal issues accompanying your plan of marrying and settling in the Land Of Smiles. This article will address such issues.

Would you know your rights if you were pulled over? Not everyone does. Learn more about how refusing the field sobriety tests might affect you, and how to interact with the police.

The authors discuss modifying a child custody or visitation order in Michigan.

This article examines one of the Medicaid myths regarding eligibility for nursing home payment in Rhode Island.

Issues involved in International Travel of children with parent without custody of children.

It is not uncommon to imagine an international divorce case where one of the spouses is a Turkish Citizen, the other, an Italian Citizen, both residing in Germany; one party initiates divorce proceedings in Germany, while the other later files another divorce case in Turkey, believing that this action would be advantageous.

The process for determining the age of the child beneficiary – either direct or derivative – under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will freeze as of the date that a visa number becomes available for the petition in question reduced by the number of days that the petition was pending, but only if the child seeks to acquire the status of an LPR within one year of the date the visa became available. CSPA §3; U.S.C. §§ 1153(h)(1) and (2).

This article represents an attempt to briefly summarize and to highlight the most important legal issues related to adoption of Russian children by foreigners. It may prove useful for the persons who plan to adopt Russian children.

One of the most rewarding areas of law practice for my firm is adoption. This article will answer some of the most common questions about stepparent adoption and will discuss adoption of adults as well as minor children.

Texas is one of the few community property states in the country. Community property generally includes any property acquired during a marriage, which may include wages, benefits, real property and even income earned from separate property.

When deciding child custody arrangement, it is important to understand that the court will always decide custody disputes based on the “best interest of the child” standard. With this in mind, remember that there are ways to prepare for custody hearings that may increase your chances of achieving your desired result.

After about a decade of marriage to an "economic contribution" statute, the Texas legislature officially filed for divorce in 2009 and reinstated a "reimbursement" statute. The new reimbursement statute expands the number of situations when reimbursement can be used to recover for monies or talents spent by one marital estate for the benefit of another.

When you’ve been granted custody of your children after a Kentucky divorce you usually must allow the other parent visitation rights. This causes problems when you have to move out of state, as this can be seen as an attempt to deny the other parent’s visitation rights.

Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the person who was served alcohol is underage.

Division of property after a divorce can be extremely contentious and you may need legal assistance to secure what is yours. The author discusses some of the frequent issues that come up during a Dallas divorce.

If you’re a Michigan resident considering divorce, you’re probably filled with questions and concerns. What is the divorce process like in Michigan? What can you do to make it go more smoothly? You may have specific worries about certain parts of the divorce like division of property or child custody.

Divorce law differs from state to state. Some states recognize “fault” divorce, and some offer “no fault” divorce. In states at that permit at-fault divorces, one party must prove the grounds for divorce, such as adultery, cruelty, abandonment, etc.

Later-in-life divorces in Minnesota typically involve financial considerations that require an experienced divorce lawyer. The author discusses those financial considerations.

There is no law allowing divorce in the Philippines. The only remedy available to Filipinos for ending their marriage is Annulment. Take note that his remedy is distinct from Declaration of Nullity of Marriage.

Spousal maintenance, perhaps better known as "alimony" or "spousal support," is sometimes awarded as part of a divorce decree or legal separation agreement.

Gone are the traditional days when getting married meant automatically commingling all money in a common bank account and putting both names jointly on every property title.

When divorcing spouses cannot agree on how to divide their property, Minnesota law requires the court to do so fairly and equitably. But when the major asset is the family business — often a closely held corporation running a retail, service or professional enterprise — assigning a realistic, reasonable value to such a unique enterprise can be daunting.

The Family Justice Center in downtown Minneapolis handles more than 3000 cases each year. With most of these cases being divorces, a study surveying nearly 2500 couples by the University of Minnesota found that about one-third of divorcees are ambivalent about dissolving their marriages.

People facing the prospect of divorce usually find that emotional pain is part of the process. And most are surprised when they discover the financial pain from the experience. Bills and fees add up very quickly when a person pays a divorce lawyer by the hour.

Much to the disappointment of many, the most recent Massachusetts legislative session closed without changes to the state’s alimony laws. Although separate bills had been introduced in both the House and Senate, neither managed to garner sufficient support to pass.

Even though many property settlements are hammered out outside the courtroom, the factors judges use in dividing property affect the relative strength of each side's bargaining position.

Florida law governing what was formerly known as primary and secondary child custody and the concept of visitation changed significantly on October 1, 2008, Chapter 61 of the Florida Statutes now highlights the importance of both parents in a child's life, introducing the concepts of parenting plans and time-sharing.

In the past, mothers have generally gained child custody more often than fathers. Studies suggest this is because of a widely held notion that mothers and children have a more connected biological and nurturing relationship.

In these difficult financial times, some people are attempting to obtain a divorce without the assistance of a qualified attorney in hopes of saving money on attorney fees. However, a divorce obtained without legal counsel may result in an unfair judgment that may cost one or both parties a large portion of what is rightfully theirs.

The author explains the difference between divorce and legal separation in KY.

Elder neglect or abuse can lead to serious consequences, such as bedsores, gangrene, broken bones and hematoma. Left unchecked, the neglect of caretakers can result in death.

Mixed marriages between British and Thai nationals have greatly increased in the recent years. Quite inevitably, divorces have grown in number too.

In a recent Florida Third District Court of Appeals decision, the appellate court struck down a subsection of a 33-year old Florida adoption statute prohibiting homosexuals from adopting. This decision bodes well not only for Martin Gill and his partner, the appellees in this case, but also for a number of same-sex couples who wish to adopt children.

Child Support in Arizona is determined pursuant to the Arizona Child Support Guidelines. The Arizona Child Support Guidelines can be somewhat complex in application where various factors are in dispute. The following is a basic description of how the Child Support Guidelines work for the reader's ease of understanding.

When your marriage has ended and you discover that it is because your spouse has had an affair and/or has fallen in love with someone else, you may be tempted to seek revenge against the person who has “stolen” your spouse’s affections. Before you race off to court, you should check the laws of your state regarding these types of claims, as well as their success rates.

Divorce in Florida is “dissolution of marriage”. When granting a dissolution, the court may issue orders regarding support and alimony; the primary residence, custody, visitation, support, maintenance and education of any minor child; attorney’s fees; and division of property. Any domestic violence protective orders shall be issued as a separate order for the divorce judgment. After obtaining a judgment of dissolution of marriage, both spouses are then considered legally single and unmarried.

An overview of Spousal support and division of property, which are critical issues in a Michigan divorce.

Understanding Texas divorce law can make the progress much less intimidating and give you a sense of control over your future.

The author discusses what to do when child protection service comes knocking.

The authors discuss how not to use Facebook during a divorce.

In California, a divorce is called a “dissolution of marriage” or “dissolution of domestic partnership”. This legal process ends your marriage or domestic partnership, and allows you to marry or become a domestic partner again. In the eyes of the law, you are no longer viewed as a single unit, and you become two separate individuals again.

The author discusses the top ten child support issues in 2010.

The author talks about post-divorce modifications.

Recently, there was a case in the news of a Brooks Astor, a New York socialite, who is now 104 years old. Her grandson is in a heated battle to remove his dad as Mrs. Astor's caregiver. In court papers that were filed, the grandson accused his father of ignoring Mrs. Astor's health and personal needs and requested a friend of Mrs. Astor's be appointed as her guardian.

Most clients talk with their attorneys about what may happen to them as they become older and are unable to care for themselves.

With a growing population that is aging, many elders spend the last year or two of their life in a nursing home. Many of the elders have to do this as they have Alzheimer’s or dementia and their family is not able to care for the elder nor can they afford to be a full time caretaker in the elder’s home. There have been many stories about the care they elders receive in a nursing home.

It often happens that for one reason or another you owe back taxes. The IRS can be relentless in their pursuit for payment. It may seem like filing for Bankruptcy would get the tax man off your back, but this is not necessarily the case. The Franchise Tax Board and the Internal Revenue Service really don't like to lose money.

The author talks about the effect of unemployment on child support.

The authors discuss the special considerations business owners need to be aware of when considering a divorce.

In Illinois, a legal separation and a physical separation are not the same thing. In a physical separation, although the couple lives apart, no legal action has been initiated. In a legal separation, the parties must initiate a lawsuit in court to receive permanent orders regarding issues such as child custody and child support, division of property and debt, and spousal maintenance.

In New York, a legal separation is considered a legally acceptable reason for granting a divorce. This is different from a trial separation, where a married couple lives apart for a trial period to determine if they want to get divorced. This type of separation has no legal basis and cannot be used as a ground for divorce. A legal separation should only be used if you have already made a permanent decision that you no longer want to live with your spouse.

In which states is a legal separation not recognized?

In the ideal circumstance, every child would be connected in some way to supportive parents who are able to provide emotionally and financially for them. But life is rarely so straight-forward and many families are faced with issues of unclear paternity or even disputed paternity.

A legal separation is not the same thing as a trial separation. For most couples, a trial separation is a period of time where the couple tries living apart to find out if they really want to proceed with a divorce. This type of separation is not legally recognized.

An annulment is an option in Michigan, but only under certain circumstances. This article discusses what those circumstances are.

The author discusses the option of a Collaborative divorce.

The Arizona House recently rejected a bill that would have extended the wait time for a divorce from 60 days to 180 days unless a court ordered a shorter waiting period.

Divorce in Kentucky can be a trying and complicated affair. This article discusses how getting a divorce in Kentucky works.

An article about the legal rights for same-sex couples in Michigan (or heterosexual couples who are unmarried).

Estate planning is a legal arrangement made for the distribution of estates-also called properties-after your death. This article discusses estate planning options in Michigan.

An analysis of the juvenile legal process from the perspective of a defense attorney.

As with many states, divorce in Ohio has steadily increased. From 1970 to 2000, divorce rates more than doubled, from 3.7% to 7.8% per 1,000 couples. For many, it’s an unfortunate reality. If you’re considering ending your marriage, there’s bound to be a lot on your mind. Thoughts of legal proceedings may come second or even third, to concerns about children and your financial future.

Facebook is the largest social networking site on the Internet. This article addresses how these websites can effect divorce proceedings.

Is adoption legal and permitted or not in the Hashemite Kingdom of Jordan?

Unfortunately for investors and directors alike, Tesla Motors Inc.'s highly hyped initial public offering (IPO) is competing for attention with media coverage of the bitter divorce of its co-founder, chief executive officer and major shareholder Elon Musk, who also co-founded the hugely successful company PayPal. The June 29th IPO went off without a hitch, resulting in a 41 percent in the company's stock on the first day.

After 40 long and tumultuous years of politics, publicity and prosperity, former Vice President Al Gore and his wife Tipper, famous in her own right as an author and outspoken advocate for the Parents Music Resource Center (the committee responsible for the “Parental Advisory” label on music albums that contain explicit lyrics), have announced their plans to divorce.

For the third time, Courtney Love has lost custody of her daughter, Frances Bean. On December 11, a Los Angeles judge stripped Love of legal guardianship and placed her daughter, now 17-years-old, under the care of her paternal grandmother and aunt, the mother and sister, respectively, of Love's late husband, Kurt Cobain.

A recent study conducted by the National Center for Health Statistics suggests that couples who cohabitate before marriage are less likely to remain together.

Most parents are unaware of the legal standards used by California courts to make decisions regarding the custody of their children.

We live in a very mobile society. People often move from one state to another because of work, to find a better job, for a new relationship, or to relocate closer to extended family. This article is about what happens to parenting-time plans and custody agreements when one parent wants to move out of state. Understanding the law is important to protect your interests in moving or to protect your interests in keeping your children in close proximity to where you live.

Popular social networking sites such as Facebook are increasingly being cited in courts as contributing factors in divorces.

There is a new trend in the courts when determining child custody matters. This trend is seen in Florida's new parenting law, which includes new factors for the courts to consider.

Interested in California Child Support law. This article outlines the basics that you'll need in order to contact an attorney.

Are you planing to have an adopted child from Ethiopia or do you need to know the Ethiopian law of adoption? Here is a brief note on adoption in Ethiopia.

If you wonder to know how marriage dissolves in Ethiopia here is a brief note.

One of the many reasons that people hesitate to file for divorce even when they’re sure that their marriage is not the right situation is because of the time, extreme emotional stress and enormous costs that are generally involved with litigating such a matter.

In any divorce the division of assets and debts is likely to be one of the major points of disagreement.

Much to the shock of the country earlier this summer, Al and Tipper Gore announced their impending divorce after 40 years of marriage. However, to those who routinely help people navigate through a divorce, this announcement was not nearly as much of a surprise.

Hong Kong only has jurisdiction to entertain a divorce petition if, at the date of the divorce petition, either husband or wife is domiciled in Hong Kong, or has been habitually resident in Hong Kong throughout the previous 3 years, or has a substantial connection to Hong Kong.

Essential divorce, child custody and support information for men at any stage of divorce. By Katherine A. Elias, Custody Evaluator and Licensed Professional Counselor.

A prenuptial agreement or prenup is a written contract entered into between future spouses as regards the designation of their assets, control of assets and liabilities, treatment of property and earnings during the marriage, and potential division of marital property in case of dissolution of the union.

Minnesota is leading the nation in proving adversarial court proceedings are not always the best option for deciding the most contentious issues in a divorce. In fact, sometimes the best way to resolve emotionally taxing issues like child custody, parenting time and spousal support is by giving the divorcing couples the opportunity to resolve these issues themselves, and to do so early in the process. With a little help, of course.

Bristol Palin, daughter of former Alaska governor Sarah Palin, recently sued her ex-boyfriend Levi Johnston for more child support money. Johnston, the father of their 1-year-old child, is more than $18,000 behind on child support payments, according to the complaint.

Facebook has become one of the most popular sites on the Internet, with more than 400 million active users. Offering the opportunity to easily connect with friends and loved ones, Facebook has developed loyal users and has amassed an amazing amount of information about these users.

Is there any law which regulates living with your partner out of wedlock? Currently a domestic partnership bill has been published for comment; however, it has not come into force yet. This bill makes provision for a partner in a "domestic partnership" to be able to claim maintenance as well as a portion of the movable and immovable assets of the other partner upon the termination of the partnership.

Thailand has distinct laws on parentage. While the issue of maternity is easily determinable, the same is not true on paternity. There is a presumption of paternity in births within a valid marriage. There are likewise laws in case of births outside marriage and after divorce.

In Minnesota, interference with parenting time can be combatted through civil and criminal proceedings. Where interference occurs, swift action is often well advised.

Parental Alienation involves disturbiung behaviors that seek to limit another parent's contact with their children. Combatting such conduct requires immediate action.

An Order for Protection may have a significant and long lasting impact. As a result, an aggressive defense is necessary. Review this guide for details.

Underwater Weddings have become so popular in Thailand these past years. Marrying couples who want to have this experience must not forget the more important aspect of their union - the legality of the marriage.

In every culture and ideologies all around the world, people believe in the sanctity of marriage and family, as meant for life. The Prophet of Islam is reported to have said ''marriage is my Sunna and those who do not follow this way of life are not my followers”. Imam Sadiq (AS) stated: 'Get married but do not divorce, because a divorce would tremble the Arsh (empyrean) of Allah'."

What is child abuse? According to the Children's Act 38 of 2005 "abuse" means any form of harm or ill-treatment deliberately inflicted on a child. Child abuse occurs in all types of families, rich and poor. The abuser can be anyone and is not limited to the mother, father, sibling or family member of the child. A person who allows abuse to occur without reporting it within a reasonable time is also guilty of child abuse.

What is "contact"? Contact (previously known as "access") is what is awarded to the parent with whom the child is not residing ("the non-resident parent") and entitles that parent to visit, speak or write to the child. Theoretically this is the right of the child; however, non-resident parents cannot be forced to have contact with their child.

Thailand has yet to pass a law which allows nor punishes surrogacy in the country. Until there is no surrogacy law in Thailand, Legal Adoption as the option for a couple to have a child of their own other than by natural means.

So, let’s say this hypothetical couple with $100,000 can see down the road that the need for long term care is coming. Maybe one of them has Parkinson’s disease or Alzheimer’s. If they give away $50,000 to their kids, how does Medicaid look at that?

The availability of health insurance coverage is a concern for many people contemplating a divorce. This is especially true for people with children or those insured by a spouse’s health insurance policy.

The Thai Civil and Commercial Code list numerous grounds for divorce in Thailand. Most people who are planning to divorce in Thailand take the liberty of reading and construing these grounds literally without seeking the assistance of a lawyer in Thailand. While some grounds are indeed self-explanatory, some need to be explained by a lawyer so that the grounds are appreciated correctly by its readers.

When a marriage is no longer working, many spouses believe that the only option is divorce. This, however, is not true. Ohio couples who need time and space apart from one another or who are ready to move forward in their lives separately have other legal options available to them besides divorce.

Determining questions of property division and child custody is often the most contentious part of most divorces. The efforts of attorneys and, ultimately, the decision of the judge will have a lasting effect on both ex-spouses and the children for many years. For that reason, it is critical that any person going through a divorce in Ohio become familiar with how the court reaches its determination and what can be done to best achieve a favorable outcome.

Civil protection orders in Ohio can be issued by different courts to address varying threats, but all feature a common purpose: ordering one person not to harm another.

Divorce can be a lengthy and expensive process, but it doesn't have to be. Many people minimize the cost and time of divorce by filing a simple, no-fault, uncontested divorce. When spouses resolve the issues between themselves and file for a no-fault divorce, they can avoid significant expense and wasted time without the need for a mediator or judge to resolve disputes.

Divorce is often thought of as a drawn-out, expensive courtroom battle, but it doesn’t have to be that way. An uncontested divorce offers couples an affordable, timely way to avoid the expense and drama of a contested divorce.

Only one of the 50 states refuses to allow some form of no-fault divorce. In a recent editorial, the New York Times lambasted that state’s legislature for failing to enact no-fault divorce, stating that current law makes “divorces costlier, longer, and uglier than they need to be.”

Parents have concerns about leaving teens home alone while on vacation. But what about divorced parents with joint custody whose careers take them out of town?

Divorce attorneys have taken to reviewing social networking sites as a best practice to glean whatever information they can, looking to see if what a spouse says in court is different from what he or she is saying online.

The recent economic hard times have been difficult for many people. But according to a study conducted by Dr. Rachel P. Berger, the recession has been particularly hard on infants. Berger, who revealed the results of her study on May 8 at the annual meeting of the Pediatric Academic Societies, said there is a "marked increase in the rate of abusive head trauma among children during the recession compared to beforehand."

With all the news coverage of Arizona's new immigration law, much less attention has been paid to other new laws coming out of the recently ended legislative session. One such law, SB 1314, may affect custody decisions regarding minor children in contested divorces and other child custody proceedings.

Introduction: The K1 visa is the exclusive visa that allows an American to bring their fiancé/fiancée to, and get married in, the United States. Upon the marriage, the foreign spouse is eligible to adjust of status for permanent resident.

One of the forms of divorce in Thailand is Contested Divorce. This is also known as Judicial divorce in the country. The court is given the task to determine the propriety of a divorce case lodged by concerned parties.

Chapitre VIII: De l'arbitrage, Article 306 Toutes personnes capables peuvent souscrire un compromis d'arbitrage sur les droits dont elles ont la libre disposition.

The increasing number of marriages between Thais and foreigners has inevitably resulted in the escalation of divorce cases in Thailand. Many associate this unfortunate trend to the dissimilarity in culture and language. While there is always a common hope that one’s marriage will weather all trials, there is also equal possibility of the marriage ending in a divorce.

One distinct concept in Thai marriages is that it consists of two different parts: The Wedding Ceremony and the Marriage Registration. Not too many foreigners are aware that it is the Marriage Registration which marks the legal start of their marriage in the country. Many get surprised to find out that after years of being together, Thailand has yet to recognize their union for failure of registration.

Every couple tying the knot hopes for a marriage that will last a lifetime. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties add unnecessary stress to an already very stressful state. With an inter-racial couple, things may become more complicated. To avoid this kind of situation, unromantic as it may seem, an engaged couple may consider entering into a prenuptial agreement.

Introduction: Adjustment of Status is the procedure by which a resident alien can become a permanent resident without leaving the United States. Thai spouses who gained entry to the United States via a K1 or K3 visa typically utilize this process. The results often depend on the discretion of the USCIS District Director but are typically successful.

The author replies to the most Frequently Asked Questions about divorce in Minnesota.

If you are going through or even contemplating a divorce, the single most important step you can take to make sure that your desires are carried out is to execute a new will, power-of-attorney and health care proxy.

Thailand is a truly unique place for most couples to make their dream wedding come true. Nonetheless, a legal marriage in Thailand for both foreigners and Thais should be performed according to Thai law.

Adoptions in Thailand are governed by the Child Adoption Act 2522 (1979). Adoption requirements are strict. The process can take upwards of 1-3 years. In addition to complying with Thai law, the adoptive parent(s) must comply with the regulations set out by their own governments. Additionally, adoptions must comply with the Hague Adoption Convention.

Many Newport Beach family lawyers will work with clients towards a fast and civil solution to a divorce, that doesn't guarantee that the situation will play out that way.

Can property, which was originally non-marital separate property, be converted to marital property?

Equitable division of assets is a multi step process. The first step is for the Judge to determine what property constitutes marital property in Rhode Island. After a judge determines what constitutes marital property, the Rhode Island Family Court judge must apply the factors set forth in 15-16.1. The judge must lastly equitably divide the marital property.

Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.

As fathers become more active in the care and upbringing of children, they are also becoming more likely to get child custody following a divorce.

Michigan ranks at the top of the list of states hardest hit by the recession. With the ailing housing market and high unemployment rates, some are finding it desirable if not necessary to leave the state and start fresh somewhere else.

When parents who have joint legal custody can't agree upon important decisions such as school attendance, the trial court is required to resolve the dispute in the child's best interests.

Approximately 30,000 17-year-olds are arrested in Wisconsin each year. If they are charged with a crime, they are charged as adults.

When Tiger Woods and Elin Nordegren married in 2004, like many celebrity couples, the pair signed a prenuptial agreement. The details of the agreement were never officially released, but reports put the figure allotted to Elin at $20 million - available after 10 years of marriage.

While there is some hope for improvement soon, the current economic climate has taken its toll on families in Florida and throughout the United States. Unsurprisingly, parents obligated to pay child support - formerly known as noncustodial parents in Florida - have not been immune to the current economic downturn.

A Primer 101 Guide to Prenuptial Agreements.

Someone once said that everyone should be born at 50. That way we would be wise right from the start! Unfortunately, that is not the case. And as far as parenting goes there is no instruction tag on our children either.

One common question is whether a parent has to pay child support if the children are receiving social security payments as a result of the parent's disability. The short answer is that social security payments do not negate the obligation to pay child support. A disabled parent, however, does receive credit for the social security paid for the benefit of the children.

It is quite possible that you may have overlooked a short recent decision in the Appellate Division, Second Department. However, this case, Peritore v. Peritore, is pregnant with implications and evidences a judicial trend to award to a non-contributing spouse a small percentage of the appraised value of a professional license, business or practice.

Since the passage of the equitable distribution law on July 19, 1980 which set forth new standards for the award of maintenance, the courts have grappled with the issue of whether to award fixed or life time maintenance to a needy spouse. More apt, would be the phrase “non-durational maintenance”.

Have the courts been so hardened to offensive behavior that they fail to recognize egregious conduct when they see it? Does the emperor’s new clothes really hide his nakedness? Has the court’s sense of morality been diminished to such an extent that any type of sexual misconduct or aberrant behavior will be countenanced in the twenty first century?

The Appellate Division Second Department on March 31, 2009 decided Penavic v. Penavic , an extraordinarily important decision to unmonied spouses and their counsel. The appellate court in no uncertain terms, condemned the practice by some IAS judges to refer pendente lite counsel fee application to the trial court, especially where the moving party makes far less than their spouse, or is a stay-at-home mom or dad without employment income.

The granting by the courts of liberal discovery of electronic evidence in matrimonial litigation has certainly not kept pace with the sophisticated technology devices that have been developed to make it difficult or impossible to obtain information stored on computer hard drives.

The recent economic crisis in this country has caused many economic scholars to reflect on the root causes.

Recent trends appear to be leaning in the direction of awarding the lion’s share of a business marital asset to the spouse who has formed and run the business. Generally, the longer the length of the marriage, the greater the percentage will be awarded to the non-operating spouse.

Currently, Connecticut, Iowa, Massachusetts and Vermont allow same-sex couples to marry, made possible by courts and legislatures. In May, 2009, the Maine legislature approved a same-sex marriage law and planned to allow same-sex couples to marry in September; however, that has been put on hold until Maine voters decide in less than a week (as of this writing) whether to repeal or uphold the law.

Maine and New Hampshire join Massachusetts. Connecticut, Iowa, and Vermont to total six states that permit same-sex marriage.

On April 3, 2009, the Iowa Supreme Court’s unanimous decision in Varnum v. Brien, affirmed a 2007 lower court ruling that Iowa’s 1998 law limiting marriage to heterosexuals is unconstitutional. There is no residency requirement (unlike that of Massachusetts) to obtain a marriage license in Iowa. The law will take effect on April 24th.

On October 10, 2008, Connecticut joined Massachusetts as the second state to permit same-sex marriage in Kerrigan and Mock v. The CT Department of Public Health. The court found that civil unions in Connecticut (permissible since 2005), while providing some protections and responsibilities akin to marriage, were “separate but not equal rights” and therefore violated the state constitution’s equal protection clause.

Currently, Massachusetts is the only state in the nation that permits same-sex marriage. Civil unions are available to same-sex couples in Vermont, Connecticut and New Jersey. Proponents of same-sex marriage rights argue that civil unions are not “separate but equal” rights.

The following are additional legislations that affects the matrimonial practitioner.

The amendment provides that “domestic violence cases pending in a criminal court in the county shall be eligible for disposition in the Integrated Domestic Violence Part if necessary to best utilize available court and community resources for domestic violence cases.

Prior to this new legislation, the different departments of the Appellate Division had conflicting rules regarding the statute of limitations on an action to vacate a prenuptial agreement. Some applied the 6 year statute of limitations, while others tolled the time during the parties’ marriage, since as a matter of public policy, a married couple should not be forced to litigate against each other.

A German heiress who believed a prenuptial agreement protected her $80 million fortune may lose several million dollars to her ex-husband because of a quirk in divorce law in the United Kingdom. On the other hand, her case could spell the end of the peculiar British legal standard.

Godfrey v Spano, 2007 NY Slip Op 27105, 2007 N.Y. Misc. LEXIS 853 (Westchester County 3/12/2007) As discussed in my previous column, the recent Court of Appeals decision Hernandez v Robles, 7 NY3d 338, 821 NYS2d 770 (2006) held that the New York State Constitution does not compel the recognition of same-sex marriage in New York, and deferred to the legislature’s determination on the issue.

For the estimated 10 percent of Americans without jobs, child support can be an increasing hardship. However, those paying child support can often request modifications to the child support obligations if they can show a substantial change in circumstances since the child support was ordered. Parents on the receiving end can also seek modifications to increase their child support payment receipts if they are struggling financially.

A unique custody case between a family in California and a family in Missouri raises new questions about custody disputes involving embryos.

An Illinois family law judge must referee as two parents struggle over their child's religious upbringing - a legal custody issue. The father faces contempt of court after he had his child baptized.

Forum Shopping between Spanish and UK nationals. Concept of residence, permanent residence and domicile for Divorce purposes.

The author discusses the Michigan Child Support Formula.

Maintenance is a periodic payment made to the caregiver of a child under the age of 18 years for basic amenities such as food, shelter, clothing, education and medical care. According to S15 of the Children's Act 38 of 2005, a maintenance order is directed at a child's parents in order to enforce the duty of parents to support their child.

In 1999, David Goldman married Bruna Bianchi, a native of Brazil. They settled down in New Jersey and had a child together named Sean. They seemed to have a picture perfect marriage. But then in 2004, Bruna took four-year-old Sean to Brazil on what was supposed to be a two week vacation.

Last September, the Minnesota Court of Appeals began a pilot mediation program that required those with family law issues on appeal to attend mandatory mediation before submitting the case to the appellate court. While some attorneys had doubts about how well the program would do, a year later the program has been heralded as a success with 38 of 72 cases resolved through mediation.

Unlike most jobs or professions, lawyers and attorneys are guided in both their personal and professional lives by Codes of Professional Responsibility and Rules of Ethics. A failure to follow the rules or live up to the ethical requirements can lead to private reprimands, public reprimands, suspension from the practice law, or even disbarment.

Today’s global culture has led to a greater number of marriages between people from different countries than in decades past. As a result, international child abduction has increasingly become a problem. To put the issue in perspective, consider that 2,800 children have been abducted from the United States — more children than attend the largest grade school in the country.

There has not been much good news on the subject of retirement benefits lately, especially for those who foresee relying on those benefits when the time comes. At Continental Airlines, a group of senior pilots weighed their options and decided to get their retirement benefits before the money disappeared — without retiring.

Determining questions of child custody can be one of the most difficult, contentious and expensive steps in the divorce process, even if the parties generally agree on an overall plan. A recent change in Texas law has removed what was often an obstacle to the timely settlement of many custody disputes.

Traditional wisdom suggests that when the marriage goes, so goes the house. But with the current economy, more people are finding it difficult not only to sell the family home without taking a big loss, but also to even afford to live on their own without a second income.

Although few people noted it, January 1, 2010 was an important milestone for American law. It marked the 40th anniversary of the no-fault divorce, first introduced in California in 1970. California’s law (signed by then-Governor Ronald Reagan, himself a divorcee) was followed by similar laws in many states in the 1970s and early ’80s Today, all states except New York offer some form of no-fault divorce.

Alimony laws have become a hot-button issue in Massachusetts, particularly in light of a recent decision issued by the Massachusetts Supreme Judicial Court. In Pierce v. Pierce, the court rejected the argument that alimony payments should stop when someone reaches retirement age.

Years ago, the concept of "Mr. Mom" - a dad raising the kids - was a novelty, a punch line and certainly not the norm. Today, with about half of all marriages ending in divorce and parenting roles becoming less rigid, fathers with significant custody rights have become more common.

Conventional wisdom says that divorce rates increase as the economy decreases. The reason for this is simple: Some couples who were staying together because the money was good are finding themselves arguing more about their finances and finding fewer reasons to stay together; other couples are simply pushed to the edge by economic stresses.

A discussion of your choices when trying to protect your home while qualifying for Medicaid services.

In family law cases, if there are children there is child support. And most states now require an order for support anytime the court considers children’s issues. But unfortunately, getting an order for child support and collecting child support are two separate jobs. A common procedure for enforcing child support is the Motion for Contempt.

There are alternative ways to resolve divorce disputes without the need for prolonged, costly litigation. For people seeking a more amicable, less expensive and more expeditious way to resolve differences in a divorce, mediation and collaborative law might be an approach to consider.

As more people use social networking sites such as Facebook, MySpace and Twitter, investigators, attorneys and others are uncovering incriminating evidence that can wind up in courtrooms.

Experiencing domestic violence is one of the most horrific experiences a person will ever endure. Domestic violence is especially egregious because it is a torturous act committed by someone who may be loved, trusted and depended upon by the victim; even a spouse, domestic partner or the other parent of one’s children.

It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.

Going through a difficult divorce? Disagreeing with your ex about child custody and visitation? Dealing with domestic violence? Ending a domestic partnership? Fighting over child support or spousal support?

Issues concerning payment of Credit Cards and Marital Debt can be some of the Most difficult issues to Resolve in a Rhode Island Divorce. Everyone wants to divide the the Assets but no one wants to pay the debt. This article explains how debt is assigned in Rhode Island divorce cases.

A step-parent who legally adopts a child has the same rights and responsiblities as the biological parent. A child who is 14 or older must consent to any adoption.

A judgment of legal separation does not dissolve the marriage or control a later property distribution if the parties should decide to divorce.

Division of separate property or the allocation of separate debt in a divorce or the dissolution of a domestic partnership or civil union is a common cause of disagreement and litigation. Even in states in which there is a rebuttable presumption of equal contribution, the court has discretion to award an unequal division of the assets. In such cases, discovery and the decision of what evidence to present at trial can be crucial.

Although children are generally not allowed to testify, they may be allowed to talk to the judge if this is in the child's best interest.

Although the division of property in a divorce is controlled by legal standards, it is subject to judicial discretion in the application of those standards to the parties' specific facts.

Older children have a very significant impact on child custody and Visitation determinations by a Rhode Island Family Court Judge.

It’s tough when a couple decides to split up, specifically if there are minor children involved. Questions need to be asked about who gets to live with whom – and the children’s opinions should also be taken into consideration. Luckily South African law provides some guidance.

The common property refers to the property acquired and owned by the wife and the husband through the duration of marriage. The duration of marriage starts from the date of marriage to the date either party dies or the date of divorce.

Elderly people who are lonley, depressed, ill and cognitively impaired are especially vulnerable to financial predators who marry them as part of a plan to obtain control and ownership of their assets. This article is a review of an Ontario case called Banton v. Banton in which Justice Cullity of the Superior Court of Ontario, Canada dealt with such a situation, set aside the Will and addressed the differing capacities for making a Will and getting married.

What is marital property in RI? What happens to the marital home upon divorce when there are minor children? What is the definition of "no fault" divorce? How does "fault" such as alcoholism, drug addiction or extra marital affairs can effect equitable division of assets. What factors do Rhode Island Family Court Judges use to divide Assets?

There is no standard law or rule in Rhode Island (RI) regarding whether or not a parent's overtime will be used to calculate child support.

Frequently asked questions and answers concerning equitable division of assets in Rhode Island divorces. This article discusses what is marital property in Rhode Island and what happens to the marital home upon divorce when there are minor children. This article also addresses the definition of no fault divorce in Rhode Island.

What is "discovery" in Rhode Island divorce? How do I get information about my spouse? How do I get information about marital assets and debts?

These arguments will go in one ear and out the other with most Rhode Island Family Court Judges unless there is some real proof (evidence) supporting the basis of the argument. This article applies to all family law cases including divorce, child custody, paternity cases.

This article addresses what constitutes a common law marriage in Rhode Island and how to prove or refute a claim of common law marriage. The article focuses on serious intent to enter into a husband-wife relationship as well as reputation in the community that two people are in fact married.

What are the residency requirements to obtain a Rhode Island divorce? Is it necessary to prove compliance with the residency requirements at the nominal divorce hearing in order to obtain a divorce? How do I prove residency to get a divorce?

This article explains in detail the intersection of Divorce, Family law and Criminal Law in Rhode Island. Criminal law cases often involve complex issues concerning divorce, child custody, restraining Orders, visitation, child support, division marital assets etc.

This article aims to clarify the matters concerning separation and divorcement in relation with Turkish family law. The article touched on the procedures of divorce and also grounds of divorce in Turkey.

The author answers the following questions: How is Child Support determined in divorce cases, paternity cases, child support cases and child visitation cases? Is there a minimum child support guideline in Rhode Island and how is it calculated? Can a judge issue a child support order over the minimum guidelines?

In Rhode Island, child support does not automatically terminate when a child reaches 18 years old! A motion to terminate child support must be filed or the child support obligation will not stop. This article explains when child support should end in Rhode Island.

The purpose of the mediation process is an attempt to curtail a long, contentious and expensive court battle in Rhode Island Family Court.

New laws that went into effect in February, New York teen drivers now face two new obstacles on their way to the road.

There may be as many as 150,000 seniors being victimized in Ontario Canada.(FN1) The abuse can take many forms. One common form of abuse is financial. The purpose behind this article is to provide some information to people on the first steps they might consider when discovering the problem. Let’s first talk about signs of financial elder abuse.

Alimony used to be automatically awarded to stay-at-home wives and paid by wage-earning husbands. Gender bias aside, the courts seem more inclined to put both parties to work when both are capable of self support and absent special circumstances.

Family victimization is a national crisis for women and children. Victim’s symptoms can include persistent acute and chronic re-experiencing of the traumatic events of victimization, persistent symptoms of physical and emotional arousal, and avoiding stimuli associated with the trauma through a numbing of general responsiveness – often facilitated through the abuse of alcohol and other substances. All of these can seriously impair the individual’s functioning.

This article addresses when a parent is responsible for the tortious acts of their minor child. Generally, a parent does not have any liability for a tort committed by their child. However, there a few limited exceptions.

The Rhode Island Family Court judge utilizes the "best interest of the child" standard in Rhode Island Child Custody and Child Visitation cases.

The court may require one party to a divorce or family law proceeding to pay for the costs and attorney's fees of both parties based on financial need. The court will consider each parties income, ability to pay an attorney and the need for legal representation when deciding if attorney's fees and costs should be awarded.

The proper Court to file a restraining order depends on the relationship that you have with the person who you are filing the restraining order against. What is the jurisdiction of the Rhode Island Family, District and Superior Court? Are there criminal ramifications for violating restraining orders?

Mediation can offer a productive alternative for couples going through a divorce. By avoiding the courts couples may avoid unnecessary stress, costs and fighting. Divorces are never easy, but with the help of a mediator it may help alleviate some of the strain.

This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested divorces. This article also explains the residency requirements as well as how to prove residency in Court.

This article discusses in details under what circumstances a person will be sent to jail to compel compliance with child support orders. This article also explains other tools used by Rhode Island judges to compel payment of child support orders.

Under what circumstances should a prenuptial agreement be considered in Rhode Island? Premarital agreements are not right for every couple! Prenuptial agreements are most prevalent in second marriages. They are especially prevalent in first or second marriages when one or both of the parties have children of a prior marriage or relationship. They are also prevalent when a future spouse has a child or children from a prior relationship.

Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce.

Exploring divorce, nullity and legal separation as alternatives to terminating a marriage. Each has benefits and disadvantages that may effect your particular circumstances.

As the holiday season approaches, students on college campuses across the state are preparing for finals. For many students, this may be their first time away from home and on their own.

This Extensive article about Rhode Island Child Support explains in detail the following Child Support issues: 1.) Establishing Rhode Island Child Support 2.) Private School and Child Support 3.) College and Child Support 4.) Overtime and Child Support 5) Daycare and Child Support 6.) Modifying Rhode Island Child Support 7.) Terminating Child Support. 8) Contempt.

The author explains the Interaction of Divorce and Real Estate Law.

This article explains the role of the Guardian ad Litem in Rhode Island Custody, Visitation and placement cases. In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child! Article by A Rhode Island Child Custody Lawyer and RI Divorce Attorney.

In Rhode Island who is entitled to claim the minor child or children as Dependency Exemptions for Federal tax Purposes? If there is no indication in a Divorce Final Judgment or Decision Pending Final Judgment or Property Settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with Physical Placement / Physical Custody of the minor children is entitled to claim the child or children for Federal Tax purposes.

Rhode Island enacted the Rhode Island Health Insurance Continuation Act. This act allows some ex spouses to remain on their ex husband or ex wives health insurance after Final Judgment of Divorce. However, this act has been watered down by recent case law out of the Federal Court District of Rhode Island.

Marriage in Thailand is a quick and easy process to arrange. After all, finding the perfect mate should be the hardest. Many people around the world want to get married in Thailand for many reasons. The possibilities for a dream wedding are endless – take a pick among the most serene of beaches for that perfect beach wedding or a rustic setting for a Thai traditional wedding on top of the mountains.

Gay marriage has suffered defeat in the courts but a judge has ordered compensation for a gay couple denied benefits on the basis of discrimination.

Why are there so few divorce trials in Rhode Island? If you visited Providence Family Court for an entire month walking from courtroom to Courtroom you probably will not see one divorce trial. If you are lucky you would see 1 or 2 Rhode Island Divorce Trials.

A look at how mediation and collaborative law can be used to help reduce the costs associated with divorce and other family law issues.

This article explains the Rhode Island Divorce process from pre-filing considerations through trial including Rhode Island divorce law strategy.

This Article answers the following questions concerning Rhode Island Alimony: Who Qualifies for Support? What Factors must a Rhode Island Family Court Judge Look at to determine whether a person qualifies for RI Alimony? If a person qualifies for alimony, what factors must a judge look to determine the duration of alimony and the amount of alimony?

A party who has self-employed, partnership and/or LLC income must substantiate those earnings in compliance with local rules of court.

The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.

A subject that is not readily addressed by most judgment recovery services is child support. As a judgment recovery service it is just another vital service we offer. Child support court orders are basically just the same as a judgment. The rules of enforcement applied to the order as if it were a judgment.

Child support modification requests are up in Arizona this year, largely a result of the economic recession. Requests are coming in from both custodial and non-custodial parents

The US National Highway Traffic Safety Administration (NHTSA) conducted a study which revealed that more than 11,700 people died from DUI-related crashes in 2008.

Our world is getting smaller. The recent years saw the growth in the number of intermarriages among Americans and Thais. Many US citizens have chosen to bring to the US their Thai fiancée or spouse. And more often, the Thai fiancée or spouse has children of their own whom they also wish to bring to the US.

As a signatory to the Hague Convention on International Adoption, Thai laws have laid down an elaborate procedure by which foreigners may adopt minors.

Any jurisdiction provides various laws, rules and procedures to regulate marital relationships. And, what about the persons who do not have the marriage registration? What kind of property rights and obligations do they have in such case?

Stats on animal abuse show a sharp correlation between animal abuse & other crimes, including rape, robbery, murder, sexual homicide, domestic abuse and more. E.G.: studies show 100% of sexual homicide perps (like Jeffrey Dahmer) started by abusing animals. Even cops, prosecutors & social workers say show me an animal abuser and I'll show you someone with a long rap sheet. Thus, we all need to get behind toughening laws for animal abuse to keep these violent perps locked up longer.

"Chips," as it is called, stands for a Child in Need of Help or Protection. It is codified under Minnesota Statutes Chapter 260C. Such cases can be initiated by the county or an individual and may result in the removal of a child from the family home. As a result, aggressive representation is necessary.

All too often juvenile offense are treated by parents as if they do not matter and hey will automatically be sealed when the juvenile becomes an adult. That is not always the case. As a result, aggressive representation is critical in such cases.

A Termination of Parental Rights may be voluntary or involuntary. All too often parents are pressured into relinquishing their rights based on allegations of abuse, neglect or abandonment. The consequences are significant and long lasting. A parent should never enter into such proceedings unrepresented. The result is often final.

Tribal courts are a similar, but different species,. To understand the laws and the process requires an experienced practioner. Review this article onthe tribal courts in Minnesota.

All too often court orders are ignored. Parenting time orders are modified without consent. What is a parent to do? You do have options. Review this article on remediies to intereference with Parenting time.

All too often, individuals co-habiting in domestic relationships endure every day with ongoing abuse on some or other level. In 1998, South African (SA) legislature sought to eradicate the occurrence of domestic abuse with the promulgation of the Domestic Violence Act, 116 of 1998 (the Act).

Ask any attorney you interview to explain what they charge, why they charge it, and how they calculate it. Ask them about their training, background, and attitudes towards divorce and family law matters. Here are some useful guidelines for preparing to retain your own family law expert.

The American model for resolving legal disputes as applied to relationships is defective and inadequate. An adversarial system founded upon conflict ignores the consequences of making a contest over every issue to individuals and to families. There is a growing number of lawyers who realize why they became family law professionals in the first place - something in them resonated and empathized with the suffering, confusion, and plight of others.

What constitutes income in determining a child support obligation? It may be more or less than you think. This article examines what Colorado considers as income in determining child support obligations.

It is perhaps a play of irony that a Thailand prenuptial agreement is best appreciated when the marriage that gave birth to its existence has finally expired.

The law and procedure governing child support grants is set out in Social Assistance Act 13 of 2004 (the Act).

A common question asked by potential clients is whether or not a child has the right to choose, which parent they want to live with. Upon reaching age fourteen (14), a child may elect the parent they want to reside with, and this decision is presumptive on a Court if it is in the child’s best interest.

Signing a prenuptial agreement is now a common practice and is considered legal in most countries. While many nations prefer to be governed by their customs and traditions in their marital relationship, a growing number of them are now recognizing the legal benefits of this kind of settlement as well as the expediency and ease it provides the married couple.

Despite the revamp of Florida Statute 61 a couple of years ago, most lay people, and even some lawyers, still think Florida has "custody" or "primary residence". These concepts do not exist anymore.

Addresses valuation methods and issues for personal property, investments, real estate, retirement benefits and closely held businesses. The discussion of retirement benefits includes a review of the case law relating to the classification of the marital and non-marital portion of the benefits. The discussion of closely held businesses includes a review of the case law relating to personal and enterprise goodwill.

Addresses the investigation stage of asset valuation in matrimonial litigation. To properly classify and value the parties’ assets, relevant information and materials must be obtained and analyzed. A combination of formal discovery and independent investigations is advocated.

Identifies and explains significant asset valuation issues that arise in matrimonial litigation. The focus is on valuation issues relating to division of assets between the spouses which is governed by Section 503 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). 750 ILCS 5/503.

Absent substantiated claims of abuse by the father or some other significant shortcoming in fulfilling his role as father, the court would not likely approve a substantial reduction in his time based upon his children expressing a preference for their mom. At least not for kids under 15, which is when the court begins to defer to the wishes of the child.

Divorce is, quite literally, a termination point. A union of two lives, whether over several years or just a few months, comes to an end with the strike of a judge’s gavel. At that moment, one road travelled together ends and two new roads must be built and navigated separately.

One of the hardest things about divorce is its cost, not just emotionally and psychologically, but in cold hard cash. A typical scenario is a husband, wife and two attorneys. Add the expense of outside experts if there are disputes over who can better parent their children or the valuation of an asset such as a business that one or both owns, and the bottom line is fees well into five figures for each party.

Involving the police usually solves the problem, if the police will intervene on your behalf. Sometimes, though, they are reluctant to step into what they see as a squabble between private parties, not realizing that their reluctance emboldens the recalcitrant spouse to push the envelope further.

A parent that willfully refuses to return a child at the time indicated in a valid court order, without good cause, commits a Class D felony of child abduction punishable by up to four years in prison.

A wage assignment is a great first step for anyone with a delinquent “ex”, particularly one that’s steadily employed for someone else. And, for the person with limited means needing comprehensive assistance, CSE can’t be beat, although their high caseload often means it can take 6 to 9 months or more for CSE to execute their administrative options of tapping into someone’s wages or placing a lien on their bank account.

Stepparents, grandparents, siblings and others parenting children not their own were especially vulnerable should the child’s natural parent(s) decide to end that relationship. Today, the rights of “third party parents”, especially grandparents, are afforded more protection than a generation ago, but these rights still remain distinctly subservient to those of the natural parents.

With the way human reproduction works, there is rarely controversy about the mother’s identity. The birth certificate states who is the mother. But, dad’s identity can be subject to question, even in seemingly stable relationships. When that question arises, the only conclusive determination is through testing matching up the DNA characteristics of child, mother and father.

“Should I move out?” I hear this often from those contemplating divorce. Typically, it’s the husband asking and he is initiating the divorce. He is worried about giving up his interest in the house, and the right to return.

Family Court judges spend much of their day hearing the awful things warring spouses say and do to each other. They become jaded and are reluctant to penalize one spouse for their misconduct, even when it’s admitted, be it infidelity, excessive gambling, substance abuse, or even abusive behavior, unless it is to the extreme of what they hear day in and day out.

The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. You are not supposed to date if you are married. Judges, however, rarely punish someone who begins dating—sexually or otherwise—once they have physically separated from their spouse.

In Missouri, counselors not a member of one of the classes I’ve named can be compelled to testify about the details revealed in a therapy session, although this occurs rarely and in only the most divisive cases. Further, a conversation with a minister may not be protected if that person is not then functioning as your “spiritual advisor, confessor, counselor or comforter”.

Texting and driving is a dangerous behavior for any driver. The dangers are exponentially increased when the driver is young and inexperienced.

Custody orders are unique in that they are never final. Child custody orders are temporary in nature and always subject to change if new circumstances affect the welfare of a child. The commonwealth has a duty of paramount importance to protect the child's best interests and welfare, and, that end, it may always entertain an application for modification and adjustment of custodial rights.

The father of a child born out of wedlock may formally acknowledge paternity of the child by filing such acknowledgment with the Department of Health. An acknowledgment of paternity may be considered voluntary and intelligent despite the father's failure to have a blood test performed prior to rendering such acknowledgment.

A person commits a summary offense if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any liquor or malt or brewed beverages.

It is unlawful to manufacture methamphetamine or phencyclidine or their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) in a structure where any child under 18 years of age is present; or (2) where the manufacturing of methamphetamine or phencyclidine causes any child under 18 years of age to suffer bodily injury.

Medicaid is the largest source of funding for medical and health-related services for people with limited income. This nationwide health care program is operated and administered by the states, with Federal financial participation. Within certain broad federally determined guidelines, states decide who is eligible; the amount, duration, and scope of services covered; rates of payment for providers; and methods of administering the program.

Have you ever received a notice from the Social Security Administration saying that you owe them money? If so, you are not alone. I have lost count of the number of Seniors I have had come to me with a ‘bill’ from the Social Security Administration. Some have owed a couple of hundred dollars, others, several thousands. Regardless, the same questions are asked: “How did this happen?” and “What am I supposed to do now?”

Grandparents raising their grandchildren are nothing new; however, the issue is increasingly a focus of the public eye. Since 1980, there have been dramatic increases in the number of children living with and being cared for by their grandparents. Grandparents may resume a parenting role for a variety of reasons, most of which revolve around problems related to the child's parent.

If as the days go by, you discover that the decisions your husband, wife, parent, relative or friend once made, are now being neglected, your assistance may be needed. An adjudicated disabled adult is a person 18 years of age or older who, by decision of a judge or jury, is found to lack the capacity to manage the essential requirements for their own physical health or safety. When a judge or jury finds that an adult lacks this capacity, the court may appoint a Guardian for the disabled adult.

Perhaps, again in your life, the time to search for “Mr. or Ms. Right” has come. Maybe you have already found that magic someone -- but have you considered the legal consequences of love?

Infertility is on the increase. The inability of potential parents to conceive a child of their own often leaves couples disheartened and discouraged, especially when artificial fertilization is not a viable option for them. As in last issue's segment, we explore another option available to prospective parents who are not able to conceive or choose not to, and that is adoption.

A divorce case in Florida is begun by filing a "Petition for Dissolution of Marriage" with the Clerk of the Circuit Court. If a case is filed in Pinellas County, Florida the case will be filed at either the St. Petersburg Courthouse or at the Clearwater Courthouse depending upon the location of the filing attorney's office. The Respondent - the person served with the divorce petition - must file an Answer within 20 days.

When a husband and wife make the decision that “until death do you part” can no longer apply to their relationship, there are so many emotional decisions that need to be made.

In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.

Why do some couples choose a legal separation instead of a divorce?What is the difference between a legal separation and a divorce? And, if one spouse really wants a divorce, can they "contest" the other spouse's plea for a legal separation? Find the answer to these questions and more in this article.

Adjustment of Status is the process when the K1 or K3 visa applicant (either the Thai fiancée or spouse) becomes a lawful permanent resident (also known as a “Green Card” holder) of the United States without leaving the country. For the CR1 and IR1 visas, this process is done when the Thai Spouse applies for a visa at the US Embassy in Bangkok.

Calculating the net income of a small business owner, a sole proprietor, or a shareholder in a closely-held business presents more complex issues than doing so for a W-2 employee. In particular, there are allowances which are permitted as a deduction on a corporate, partnership, or limited liability company tax return which are not necessarily allowed as a deduction in determining the net income of the non-custodial parent.

According to the latest South African census, conducted in 2001, fertility in South Africa has been decreasing for almost four decades. The national level of fertility has been estimated at below three children per female in the country.

Clause 11 of the Children's Act 38 of 2005 defines the state's obligations to ensure the care, development and protection of children living with a disability or chronic illness.

Because of our tremendous success in the field of Georgia Fathers' Rights, I am often asked what I do to “win” a difficult custody case.

Interpretation of the Illinois Child Support Guidelines. Determining the net income of the non-custodial spouse is rarely an easy task. Unsettled issues such as the deductability of non-reimbursable business expenses require that the custodial parent's attorney exercise greater due diligence in the discovery process.

Because divorce is such a catastrophic experience for children and because divorcing parents have had little to no training in how to be effective parents during the divorce, a crash course in parenting through a divorce is often necessary. While more comprehensive education is needed, this "top ten list" offered by the American Academy of Matrimonial lawyers is an excellent place to start learning how to parent during a divorce.

Unfortunately, Dallas Divorce Attorneys as well as Fort Worth divorce attorneys learned that such "winner take all" conflicts at the courthouse did not lay the foundation for effective co-parenting post-divorce.

Collaborative law is based on the realization that the commitment by the parties in a family is that it is in their best interest to avoid going to trial.

Minneapolis, Minnesota Family Law Attorney Discusses Termination of Parental Rights.

In America, at least 50% of marriages end in divorce. Some people may find that a shocking statistic. Some may think it is something to be ashamed of. I see it as a simple fact of modern life.

There are times when divorce becomes inevitable for a married couple.

Michigan probably will not grant same sex couples the right to marry in the near future. So we start by accepting what is. We embrace it by accepting it fully, for this is the only way we can take productive action.

Shifting the focus away from our own bottled up, negative emotions to help another with their challenges can be a pathway out of our own grief.

Why should you hire a divorce attorney?

"Divorces don't wreck children's lives - people do!" - Vicky Lansky

Can I get a legal separation in Texas? No. Texas does not currently have provisions for filing for legal separation.

Choosing a divorce attorney in Houston can be a difficult process because there are so many, but it is critical that you do find a family law firm that fits your needs.

Many Americans currently oppose same-sex marriage, but the trend is towards increasing acceptance. A recent Gallup poll found that 40 percent of Americans support marriage for same-sex couples. However, the poll found that 55 percent of Democrats and 59 percent of 18- to 29-year olds think same-sex couples should be permitted to marry.

Licensed to Practice Law in California and the Philippines

Estate Planning lawyer Robert Mansour asks if you and your spouse pass away leaving minor children, have you selected someone to serve as their guardian? Have you chosen someone to manage their finances? Robert serves Saugus, Castaic, Valencia, Newhall, Canyon Country, Stevenson Ranch and beyond.

This article discourages litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.

Have family law problem or have some inquires related to Family law? This is where you will find all your answers.

Have family law problem or have some inquires related to Family law? This is where you will find all your answers.

Have family law problem or have some inquires related to Family law? This is where you will find all your answers.1

Have family law problem or have some inquires related to Family law? This is where you will find all your answers.

Have family law problem or have some inquires related to Family law? This is where you will find all your answers.

U.S. citizens looking to bring their partner into the country on a K Visa must decide whether to apply for the K1 or the K3 Visa. The answer to this will depend on the particulars of each case, but knowledge of the differences between the K1 and K3 will be helpful for unsure applicants.

Unfortunately, the reality in our society is that we cannot rely on the promise of a lifelong marriage. The United States currently has the highest divorce rate at about 50 percent for first marriages and almost 70 percent for remarriages. If you live in Florida, the picture becomes even more bleak.

Arizona provides limited rights to grandparents seeking visitation, custody and adoption of their grandchildren. In our society, grandparents often fill important roles in the upbringing and care of their grandchildren. Further, in the current economy, grandparents may be in a better position financially to meet the basic needs and provide the necessary comforts to their grandchildren.

As a general rule, you are liable for those debts you incur. If you and your spouse have a shared credit card in both of your names, you are both liable for the debts. If your spouse takes out credit cards or loans but you are not named in the credit or loan documents, you are generally not personally liable for this debt.

Family legal issues are rarely easy matters. They usually occur during particularly difficult and emotionally trying times in people's lives - when they are seeking to separate from their spouses, when they are fighting for custody of their children or when they are dividing up a life they have spent years building.

Protecting your financial interests between the time you file for divorce and the time the divorce is finalized

Whatever the intent of the parties, the language of your judgment should be clear and precise to avoid problems in the future.

Thaddeus Jimenez was arrested for murder when he was 13 years old. At 14, he was sentenced as an adult to spend 50 years in prison for the crime.

Years ago during the child support court call, the obligor explained to the judge that his support should not be based upon 20% of his net income because he had other children to support. It turned out that he had six children with five mothers. This would certainly be bar exam material if the topic of a question were “prior obligations”. That particular father’s persuasive personality had created an algebraic, if not social, mess.

There seems to be a perception in our society that marriage is no longer a sacred commitment and getting a divorce is as routine a legal procedure as writing a will. But anyone who has actually been through a divorce knows that it is not an easy time in your life and the decision to finally part ways with your spouse is not made lightly.

This article will discuss the rights of non-custodial parents in New York, and how a recent court decision limited those rights even further.

Experience and training in MBA techniques may help you to resolve the complex financial and business issues that arise in divorce litigation, including division of marital property, professional practices, business valuation, executive compensation, child support, spousal support, alimony, settlements and prenuptial agreements.

Analysis of case law dealing with the valuation of a professional practice in a family law action, including good will by Christopher C. Melcher.

How-to-guide to cross examine a custody evaluator by Christopher C. Melcher. A discussion of the rules of evidence in California relating to psychological opinion testimony.

Discussion of the business valuation standards adopted by the AICPA, including valuation methods, by Christopher C. Melcher.

In-depth analysis of how to draft a valid premarital or prenuptial agreement in California by Christopher C. Melcher.

With years-long conflicts in Afghanistan and Iraq, military marriages are often under tremendous strain. For an increasing number, the strain proves to be too great. Last year, there were over 13,000 military divorces, up from 2007.

Permanent Residence Through Marriage

Modern science has given infertile couples the opportunity to enjoy the fundamental right of parenting children. This has spawned a new area of the law that is challenging, complicated and fascinating to those of us who practice it.

Modern science has given infertile couples the opportunity to enjoy the fundamental right of parenting children. This has spawned a new area of the law that is challenging, complicated and fascinating to those of us who practice it.

Undertaking legal action to contest a will or trust is a step most of us will never have to take. However, if you suspect that your loved one's will is not what he or she intended, there are several things that you can do legally to correct the situation.

Why Modify a Custody Order

She sat across from her friend quietly as they drank a mid-morning coffee. Now and then she would look up and sigh. “Every day seems longer than the day before,” she said.

You have probably heard about the story of a famous Filipino actor who became an “instant” U.S. citizen. His case caught the imagination of so many Filipinos. Suddenly, they began building their family tree, wondering if the branches would lead back to America. But more than the desire to go to America, there is really something wonderfully exciting about learning your true heritage.

Parents may not be able to prevent teenage drinking, but can take steps to prevent teenage drunk driving and reduce potential personal liability.

If you are caught or your car is pulled over and you have in your possession marijuana or other illegal drugs in New Jersey, the first thing to know is what your rights are and what will happen to you.

If you married a foreigner and live with him abroad, if your child was born on the territory of the other state, and if the marriage relations became worth, morally you must be ready that in the future you can run into such concept as an illegal moving of children.

As our society continues toward mobility and connectivity, the changing concept of visitation moves with it. Job relocations and remarriages, as well as tough economic times, have increased the possibility of a parent seeking Court permission to remove a child or children from the State of Illinois. How do we, as lawyers, address the issues of parenting over distances? Virtual visitation is one such possibility.

"How do I love thee? Let me count the ways". Elizabeth Barrett Browning So you are in love and have stars in your eyes. It seems so unimportant at the time of your upcoming nuptials to talk business, but it is a necessary part of your upcoming marriage.

With all the turmoil that has taken place in the financial markets, many Naperville residents question what distribution they must take out of their IRA by law this year. In the past years, once a retiree attained the age of 70 1/2, that retiree was required to take a distribution from the IRA each year based on the life expectancy tables provided by the IRS, whether they desired to take the distribution or not.

A marriage agreement is an agreement of persons, incoming in marriage, or it is an agreement of the married couples, determining property right and duties in marriage and in the case of divorce. By its nature it is the variety of civil legal agreement, possessing a certain specific. This specific is that a document consists in the field of marriage-domestic relations and has certain subjective composition.

Although IRMO Best, 228 Ill.2d 107 (2008), has sparked a plethora of articles, seminars and discussions concerning the initial appellate court holding essentially barring the use of declaratory judgments to determine the validity of premarital agreements and the subsequent Illinois Supreme Court reversal of that decision, the query is whether petitions for declaratory judgment are worth prosecuting from a practical point of view.

In 1991, in response to a growing number of domestic violence cases the New Jersey legislative enacted The Prevention of Violence Act. Through the Act, the state sought to protect its most vulnerable citizens, including women, the elderly and the disabled.

The criminal law practitioner should approach with caution issues involving searches and seizures where there is alleged to be client "consent." How many times have we heard the police officer say – "I asked the suspect if I could search his car and he said "yes"?

The current state of child custody/time-sharing laws in Florida.

Be smart and follow these seven ways to financially protect and prepare yourself for an imminent divorce situation.

The decision to get a divorce is never easy. In the current recession, the decision is even harder to make as spouses look at their debts and wonder how they can make it financially without their partner — even if the marriage has become intolerable. As the mortgage payments, credit cards and other bills begin to mount, it is important for people to remember that they have options and staying in a broken marriage does not have to be one of them.

In Canada, Ontario’s legislation discriminates against common law spouses’ inheritance rights. The purpose of this article is to examine the options open to a common law spouse who finds herself disinherited.

How do I love thee? Let me count the ways. Elizabeth Barrett Browning

When “I do” becomes “I don’t” married couples face agonizing emotional and financial quandaries. What do we do with the kids, the house, the dog, the boat, etc. How do we divide up our investments, retirement accounts, real estate, etc?

The inclusion of a UK pension within Spanish divorce proceedings will be of particular importance when assessing the parties' assets.

The United States economy is currently experiencing a significant recession. We are all affected by the recession, and many news outlets and economic forecasters have warned that the recession will get worse before it gets better.

The marital residence is an important part of the assets in a divorce. How that asset is divided can significantly impact the financial health of the parties in a post-divorce world. Review this article on dividing real estate in divorce.

In any divorce case, there is usually a division of assets and a determination of each person's responsibility for debts. Every state has its own law regarding non-marital claims relating to property division in divorce. Understanding your state's laws can be critical to presenting a compelling case.

Understanding Fault based and no-fault divorce systems for divorce.

Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case. Review this guide to defending against false allegations.

Understanding the custody evaluation and how to interact with the evaluator or Guardian Ad Litem may play a crucial role in your custody case. Review this comprehensive guide.

Mediation in divorce is compulsory in many states. Understanding the process can be a critical part of any divorce case and can save parties thousands of dollars in legal fees.

Asking serious questions about how you see finances in the marriage partnership may save you pain and money later - and might even save your marriage.

Important issues in custody determinations when one parent seeks to relocate with minor children.

"Alimony" is the term used in many states for financial support paid to a ex-spouse after a divorce. In other states the term "alimony" has been replaced with the term "Spousal Maintenance" or "Spousal Support" or "Family Support." The terms, however, are synonymous.

Valuing a business in a divorce is an important part of the property division. An error may affect a party significantly resulting in a loss of thousands, tens of thousands, or, in some cases, more. Understanding the importance of a valuation and how it occurs is a significant part of your case.

In January 25, 2006, Wisconsin became the second state in the country to pass a law allowing Judges in family court cases to allow virtual (computer) visitation.

Any divorce matter may be resolved before trial with the parties reaching an agreement on the issues. If the parties are unable to reach an agreement on all issues, those issues that remain disputed would go to trial. That means, you can resolve portions of your case and save some time and money associated with a trial and try only those issues that remain disputed.

Michigan family law attorney Tim Ash explains how the new child support guidelines are generally more equitable, but produce complicated financial incentives that may not support the best interests of children.

New child support guidelines became effective in Michigan. Family law attorney Tim Ash shares his insights regarding the effect they will have on your family.

There are several problems with Florida's broadly defined statutes and procedures regarding injunctive relief in Domestic Violence cases. These laws and procedures actually prevent wrongfully accused individuals from receiving a fair hearing and punish the innocent without event he benefit of a trial.

In an effort to avoid the costs and time involved with a Florida probate case, many families rely on techniques that that they hear about from friends or that were used by previous generations. Often this causes problems for the individual and their families

Divorce laws vary depending on your state. This article is about divorce in Minnesota.

How a juvenile legal problem is handled can have a significant impact on a family hopes and dreams. The first consideration in the aftermath of a juvenile crime crisis is to protect children from detention. Helping them stay in school is a close second in priority. Given the stakes, this is not the time to delay retaining the best legal defense as quickly as possible, or attempting to do-it-yourself.

Collaborative Law is a new and alternative process where both parties and their legal counsel commit themselves to resolving their differences justly and equitably without resort, or threat of resort, to the courts. It is suitable for many types of law but most often occurs in the domestic area. The State of Texas passed legislation regarding Collaborative Law in 2001 (Family Code Section 6.603) and Texas was the first state to pass such legislation.

The following is a guide to the new Guardianship options for Foster Parents and their children in Cork and throughout Ireland following the Child Care (Amendment) Act 2007.

There are two types of custody determinations that must be made in all divorce and paternity proceedings. The first type is legal custody, which consists of decision making with respect to extraordinary health, education, and religious issues involving the children.

Florida, unlike states such is California, is not a Community Property state. In a Community Property state, most of the assets acquired during the marriage are owned jointly between spouses. In a divorce the assets (and liabilities) are to be split in half between the parties.

In Florida, a divorce is called dissolution. Florida is a no-fault state, requiring only that the parties show that their marriage is irretrievably broken. There is no legal separation in Florida. Florida also does not recognize common law marriage.

The author examines the recent homeschooling court victory for parents in California. While he concludes that parents of homeschooled children can rest easy for now, he also warns there may be further court rulings and regulations to come in the future.

Are spousal maintenance and alimony the same thing? How much will I have to pay? How much can I ask for? How can I change spousal maintenance?

The divorce process begins as it usually does- with court approval.

Divorce is a very trying time; that is often overwhelming and confusing. The legalities of divorce vary state by state.

What is the Child Support law in Minnesota? How do I change my child support in MN?

The author reviews the recently announced changes to the divorce court rules and considers how the new rules will affect Family Law clients in Ireland.

It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause.

Prosecutors will tell you that criminal sexual assault and criminal sexual conduct does not occur in public. As a result, there are seldom witnesses and it is necessary to protect victims making allegations. However, is the nature of the offense truly a basis to permanently mar an innocent; defendant's record in a country where we have a strong presumption that the individual is innocent until proven guilty? Review this article on allegations of criminal sexual conduct.

Drug offenses come in many varieties with one common factor, the penalties for a conviction are severe and may result in lengthy prison sentences and fines. An aggressive defense is necessary. Review this article related to drug charges and their defense.

False allegations of assault occur regularly and a conviction may result in serious penalties including collateral consequences that may not be readily apparent. Review this article on assault and its defense.

What many people do not understand is that they may control their divorce process. Depending on the path they choose, they may be able save thousands of dollars on legal fees and reduce the length of time before a divorce is ultimately granted.

Finding an experienced attorney for your family law matter requires asking specific questions to determine which attorney may be right for you. Choosing the wrong attorney may ultimately cost a party in the end.

Preparing for a divorce may save thousands in legal fees and expedite the proceedings.

Prenuptial Agreements are critical for parties with premarital assets. Asking serious questions about how you see finances in the marriage partnership may save you pain and money later-and might even save your marriage.

Obtaining permanent residence even if you entered without inspection or your marriage crumbles. This article is to be limited in scope and covers briefly the Violence Against Women Act (VAWA), as it pertains to immigration law only.

The Romanian divorce procedure is defined in the Romanian Family Code. A foreign citizen living outside Romania, married with a Romanian citizen before of Romanian authorities can divorce in Romania.

We used to live in the swiftly developing society. Puritanical rules have been replaced by morality liberty. A person is burdened by the freedom of choice. We are free to choose religion, place of sit and solemnization. In this article we shall answer the most frequently asked questions covering all crucial issues of international marriage. If you make the most out of these materials, it will help you to make an easy choice.

Top 10 questions to ask a divorce lawyer in the first consultation.

If estate assets are located in Germany, German probate law applies. The article gives an introduction to German probate law.

Got Engaged this Past Valentine’s Day: 7 Legal Issues to Address Before Saying “I Do”

A description of how a paternity suit proceeds in California.

A description of a California legal separation, and how to determine if it is right for you.

A desription of how the California divorce process works, from the filing of a divorce until the entry of judgment.

Moving overseas for love creates particular dangers when children are born overseas and a romance then falls apart. Expatriate parents may find that they are unable to take the kids back to a parent's home country. International child custody laws may create serious problems. International family lawyer Jeremy Morley explains.

Divorce is never easy. That is why the Dominican fast divorce is the best, easy and highly confidential way to get through it with minimal damage, so you can move on with your life as fast and as painless as possible.

The Top 15 Signs of Infidelity. Justin Hodson with Hodson and Associates explains the signs of a cheater.

International adoptions in the Dominican Republic are governed by Law #136-03. All adoptions must be done through an official Dominican government entity called CONANI (“Consejo Nacional para la Niñez y la Adolescencia” - National Council for Children and Adolescents). Private adoptions are not possible under the Law. All children are assigned to the adopting parents by CONANI.

It is a matter of public policy in many countries that only their courts have the power to grant a divorce to their residents. A divorce obtained in a foreign jurisdiction would therefore be considered invalid. This principle is sometimes not considered applicable, however, in cases when both parties agree to the divorce.

Adoption is a very important and life changing process affecting the lives of human beings in two families; thus is needless to say is a time-consuming and expensive legal procedure that can be carry out only by wealthy individuals willing to invest time, money and patience in order to achieve it.

Dominican Republic special divorce is available to foreigners or Dominican citizens residing abroad, when both spouses agree to file this divorce before Dominican Courts. 24-Hour divorce is available in Dominican Republic.