Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
October 25, 2016 By McNamara Law Office, PLLC
Divorce mediation can be long, boring, tiresome, and emotionally draining. It can also be a tremendous relief when a mediated settlement agreement (M.S.A.) is signed. Giving the time and effort to prepare is essential to increase the chances of a successful mediation.
October 25, 2016 By McNamara Law Office, PLLC
The general rule is that property and funds transfers between spouses during marriage and in divorce are not taxable, except for post-divorce alimony. Gifts between spouses during marriage are usually not taxable, regardless of the amount.
August 26, 2013 By HG.org
Someone who has been victimized by domestic violence can seek protection through the issuance of a restraining order. This order instructs the alleged abuser from having any contact with the victim. Before a court will issue a restraining order, the victim has to provide reasonable proof that physical abuse has occurred. If issued, the alleged abuser must typically stay at least 100 yards away from the victim.
April 26, 2009 By HG.org
In today’s world, it is just as likely that a marriage will come to an end due to divorce just as much as it is for the couple to stay together. Marriages come to an end for many reasons, including adultery, problems communicating, control issues or many other reasons.
October 18, 2016 By Hammond, Minciu and Associates
The custody and control of children are under Romanian law that of the parents and to those who the courts delegate this authority. Parental authority involves both rights and obligations for the parents for the education and raising of children. The rule is that parental authority is exercised jointly by both parents, regardless of whether they are married or divorced.
October 18, 2016 By JensenBayles, LLP
A durable power of attorney allows you to name someone to make financial decisions for you if you are not able to make those decisions yourself.
October 17, 2016 By JensenBayles, LLP
Why are your children so concerned about your new life? Are they overreacting?
October 17, 2016 By JensenBayles, LLP
A proactive approach in this situation is to meet with a qualified estate planning attorney to guide the individual through the estate planning process which may help avoid some of the pitfalls of undue influence that can arise from caregivers, friends, family and others.
October 6, 2016 By Syndicate Legal
Bankruptcy and Divorce can go hand in hand. The timing of which to do first can be a difficult decision and can have a major impact on your finances going forward. In this post we will discuss things to consider when deciding whether to file bankruptcy or divorce first.
September 28, 2016 By Huesman, Jones and Miles, LLC
Advocates for the rights of lesbian, gay, bisexual, and transgender (LGBT) parents are hailing a recent decision by the Maryland Court of Appeals that overturned a 2008 ruling that limited the rights of ‘de facto’ parents.
September 27, 2016 By Lyons & Associates
For many divorcing couples, the goal of reaching an amicable settlement loosely translates to everyone getting out without suffering serious emotional harm. If you were lucky enough to have an amicable divorce, you may have still been able to see, hear about, or talk to your ex without too much angst.
September 27, 2016 By Lyons & Associates
When a marriage or domestic partnership comes to an end, the ensuing divorce proceedings can be extremely complex. Each family is different, and every state has its own set of regulations surrounding divorce.
September 21, 2016 By Law Office of Laurence J. Brock
If you feel that your child is not receiving the appropriate level of education because a school or district has denied them either correct placement or classes for their special educational needs, you have the right to remedy the situation by filing a claim and requesting a hearing. The process can be complex, and you must be properly prepared, which makes it within your best interests to hire a special education attorney.
September 18, 2016 By HG.org
Domestic violence instances continue to run rampant throughout the country. Learning about the laws related to domestic battery and the potential penalties that a conviction can mean is the first step that a defendant who is facing domestic battery charges may take.
September 18, 2016 By HG.org
Domestic violence is taken seriously in jurisdictions throughout the country. In some areas, domestic violence is considered a felony. In others, it is considered a misdemeanor. This classification has a dramatic impact on the potential sentences that a defendant may face.
When domestic violence ensues, the person that perpetrates the acts and is convicted may find himself or herself on the receiving end of many harsh punishments. This conviction usually occurs when the prosecution is successful at proving the accused has harmed the victim in a violent and intentional way.
Domestic violence is a continuing issue that has predominately affected women and young children. Laws have been changing to assist in changing situations for many and awareness about these constant problems has been heightened.
Domestic violence is an act that has been difficult to categorize legally in some states, but it has been increasing in occurrence throughout the entire country. It is often defined as the actions of an offender through violent or aggressive conduct towards those at home. These individuals at home may be family members, a spouse, children or those residing in the house.
September 16, 2016 By Lyons & Associates
Military lives are different in many ways. Someone who is part of the military can be divorced in our state courts just like everyone else. However, as we all know, there are some differences in military life that could make divorce a bit more complicated.
September 16, 2016 By Lyons & Associates
What Constitutes “Bad Faith” to Justify an Award of Counsel Fees?
September 15, 2016 By Huesman, Jones and Miles, LLC
When children are involved in a divorce, emotions can often turn an already stressful situation into an unbearable one, especially when both parents want to spend equal time with their children following the divorce. The decision of who will get primary physical custody of the children and which parent receives visitation rights is no longer automatic.
September 15, 2016 By Law Offices of Kisha M. Hebbon, LLC
Today’s modern family has come a long way. Gone are the days where mom was relegated only to raising kids and tending to the home.
When people think of domestic violence, they often visualize the image of a distressed woman who has been mistreated by her boyfriend or husband. However, women are far from the only victims of domestic violence.
A no contact order is a civil order that instructs a person not to have contact with another person, often because the other person has alleged physical abuse, sexual assault, stalking or harassment.
In some family law cases, a no contact order may be issued. This order prohibits the defendant from having any contact with the alleged victim. A no contact order is a tool that has often been effectively used to assist victims of domestic violence.
The Violence Against Women Reauthorization Act is an extension of the Violence Against Women Act, which was passed in 1994. This important law served to combat domestic violence, sexual abuse and stalking.
Although abuse may be inflicted on anyone, young or old, male or female, there is a disproportionate number of incidences involving elderly women. Abuse takes on many forms, and it is important to be able to recognize the signs of elder abuse in order to stop it.
When attempting to get a protective order when family violence is involved, victims are often confronting a complex issue. However, it is important to steadily pursue this goal in order to receive the myriad benefits that this tool provides.
Restraining orders are an important tool for victims of domestic violence. They limit the interactions that the victim is subjected to when involving the alleged abuser. They have proven to have a direct impact on the reduction of domestic violence crimes. However, a restraining order can sometimes be taken out based on false allegations.
September 11, 2016 By HG.org
Domestic violence affects every socioeconomic level, culture and race in the United States. Due to the prevalence of domestic violence in the United States, safeguards have been put in place to help the victims of domestic violence escape this situation and to have prompt access to the court system.
September 10, 2016 By HG.org
Victims of domestic violence can secure a protection order so that the alleged abuser cannot be around them. This is a court order that instructs the defendant not to have contact with the victim and to cease any abusive behavior toward the victim.
September 7, 2016 By HG.org
Domestic violence is a serious problem in the United States. It often affects every segment of society. Whether you are a victim of domestic violence, someone accused of domestic violence or a witness to what you suspect is domestic violence, there are many things for you to know about this subject.
September 7, 2016 By HG.org
Every year, victims of domestic violence are seriously injured and some are even killed. Victims of domestic violence can take a step toward protecting themselves by requesting a protective order. A protective serves as an injunction, an order by the court for someone not to do something.
September 6, 2016 By Law Offices of Grinberg & Segal
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
September 5, 2016 By HG.org
Domestic violence is a serious violent crime with aggressive behavior from one person often injuring another. Bodily harm to various degrees is the outcome of these crimes, and the perpetrator may be arrested, charged with a violent crime and possibly convicted.
August 30, 2016 By HG.org
A common question that prosecutors are asked is if a case will be dismissed if the victim decides not to testify against the alleged abuser. The answer to this question depends on the state and the particular circumstances involved in the case.
August 30, 2016 By HG.org
Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.
August 29, 2016 By Rajkishore Associates
For the past two decades, India has been the place for foreigners who seek to have a child through surrogacy, the states of Gujarat and Kerala being in the forefront with well-established clinics, doctors and middlemen, all working in tandem to ensure a foreign couple or even a single parent be blessed with a child and who were ready to loosen their purse by approximately USD 30,000.
August 28, 2016 By HG.org
Tragically, domestic violence is far too common. According to the United States Department of Justice, one in three victims of violent crimes suffered at the hands of a family member. Domestic violence is a serious allegation that carries with it the potential to impose many serious consequences.
August 18, 2016 By Law Offices of Kisha M. Hebbon, LLC
Many New Jersey LGBTQ couples consider 2013 to be a landmark year. In that year, a key part of the Defense of Marriage Act (DOMA) was overturned, and New Jersey recognized the right for same-sex couples to marry.
August 8, 2016 By Huesman, Jones and Miles, LLC
The Supreme Court ruling making same-sex marriage a constitutional right was the beginning of new societal norms; however, many in the Lesbian Gay Bisexual Transgender (LGBT) community are still facing legal battles as state and local lawmakers hurry to address emerging legal issues. In just the first four months after the Supreme Court ruling, 96,000 same-sex couples were married.
August 1, 2016 By GRP Rainer LLP
Divorce results in any mutual inheritance claims between former spouses lapsing. However, it is possible for these to indirectly arise again. A “Geschiedenen-Testament” (divorcee will) can then prove to be useful.
July 29, 2016 By APC Law Firm
Despite the considerable popularity of the marriage contract in Europe, the USA, and Canada, the mentality of the Ukrainian people still cannot accept this deal as normal. For Ukrainians is not acceptable to combine feeling and money, that’s why the question raises immediately: why do you marry if you are now thinking about the consequences of divorce.
July 28, 2016 By Angualia Busiku & Co. Advocates
For some time, concerns had been raised over unethical inter-country legal guardianship of children from Uganda. In March 2016, Uganda Parliament was convinced and passed the Children Amendment Act 2016 which restricted legal guardianship to citizens only. Non-citizens can only petition for adoption. The application of the new law which is summarized in this article is yet to be seen.
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
By APC Law Firm
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
When a person buys a home before he or she is married, this property is usually considered his or her own separate property. However, the other spouse may have a right to some of the home’s equity upon divorce despite this classification. Also, steps may have been taken so that the property is no longer considered separate and is now subject to division in the divorce action.
In the eyes of a child, summertime stands for fun. Swimming, sleepover camp, long days, cool evenings, and vacation plans dominate their calendars. For children of divorced or separated parents, summer can be anything but fun if effective co-parenting skills fail. Those long days can become even longer when tension and disappointment fill the air.
It has been common and expected that when a woman is receiving alimony payments from her ex-husband, he will no longer have to pay spousal support when she becomes engaged to another man. However, when that same woman instead becomes engaged to another woman, courts have ruled that the man must continue his spousal support payments in Virginia; that is, until a recent decision reversed this ruling.
Yes, in many instances in Florida post judgment alimony can be modified. There are, however a number of considerations. Alimony is money paid from one party in a dissolution of marriage to the other party.
Florida Governor Rick Scott signed HB 967, which is entitled “Collaborative Law Process Act,” into law on March 24, 2016. In doing so, Florida joins an increasing number of other states who already have enacted legislation permitting collaborative divorces. Before the Act becomes effective, however, the Florida Supreme Court must approve and adopt Rules of Procedure and Rules of Professional Conduct to govern the collaborative divorce process.
Divorce has been possible in Italy only since 1970. According to statistical data published by the Italian Central Statistical Office, only in 2012, for every 1,000 marriages, there were 311 separations and 174 divorces and from among all marriages gotten in Italy, in almost every fifth marriage, at least one spouse is a foreigner
Divorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.
The estimated 130 million construction workers on jobsites across the U.S. face a potentially dangerous work environment on a daily basis. OSHA (Occupational Safety and Health Administration) cites there are approximately 150,000 construction accident injuries every year, with 5,000 of those injuries being fatal.
When you are injured on the job, you are entitled to file a Workers’ Compensation claim to seek monetary compensation for your lost wages while you are out of work to recover.
According to the U.S. Bureau of Labor Statistics, farmers and others who work in the agricultural industry are among the top ten types of workers most at risk for being killed in a work-related accident.
There is a common misconception that if an individual is injured on the job and pursues a Workers’ Compensation claim, they are effectively filing a lawsuit against their employer for reimbursement of medical costs and lost wages.
Last month, a 42-year-old worker at a Waste Management recycling plant in Holmesburg, Pennsylvania was killed when a bale of paper fell on him during a routine inspection of his forklift.
The Liberty Mutual Workplace Safety Index identifies critical risk areas in the workplace to help businesses better allocate their safety resources.
First, it's important to understand that criminal charges are not filed in court by "victims." The government files criminal cases, including assault or domestic violence charges. Second, a person cannot drop a criminal court case against someone. Third, your best chance of getting the assault or domestic violence charges dropped is when working with an attorney defending the person accused.
As families evolve and adjust to changing times, the structure of shared child custody agreements has also adapted.
Domestic violence has long been a serious problem in the state of Maryland and throughout the United States. One Maryland delegate is a survivor and believes, along with scores of other victims, that lives are being destroyed each day because the word “abuse” as defined by law is not definitive or strong enough.
Assisted reproduction has been in the spotlight lately due to the increasing number of LGBT families conceiving children. Inevitably, some of these couples separate, and the law is grappling with how to handle issues of child custody.
The state of Maryland is moving toward a change in their divorce legislation.
The laws surrounding a third party requesting visitation rights with a child is constantly in flux in states across the nation.
Courts take allegations of domestic violence seriously – no matter the age of the accuser or the fame of the accused.
On March 31, 2016,k Tesla unveiled its as-yet unreleased Model 3. In just 24 hours, the pioneering automaker had raised eight billion dollars in initial $1,000 deposits according to reports.
Child custody is often one of the most hotly contested aspects of any divorce, but contrary to common beliefs even teenaged children can become caught in the crossfire.
Often, the news of celebrity couples splitting are accompanied by rumors of infidelity or a history of an explosive relationship. However, the true cause of many stars’ divorce may never be known due to the way that famous people often protect their privacy.
A 2015 survey conducted by the American Academy of Matrimonial Lawyers reveals a dramatic increase in the use of divorce evidence being taken from smart phones and other wireless devices in the past three years.
Married people who suffer from addiction never suffer alone. The negative effects of addiction to drugs or alcohol tend to seep into every aspect of an addict’s life, and those closest to them often take the hardest hit.
Trying to handle financial issues while in the midst of a divorce can seem overwhelming.
The financial ramifications of a divorce are worrisome for most. A supporting spouse can be ordered by a judge to pay alimony, child support and provide other financial assistance. Circumstances change, however.
Child support laws vary by each state, so the rules that apply in one jurisdiction may not apply in another. However, many of the states follow some of the general guidelines discussed below.
Each state has different guidelines that specify how long child support must be paid. In many cases, the support obligation ends when the child turns 18 or finished high school. New Jersey’s child support obligation laws are more complex than the laws on child support in other states.
Every divorce is different. The parties to a divorce have different needs and expectations. But across the board, any person going through a divorce should avoid these mistakes.
The process which a person may expect after being arrested for Domestic Violence. Once you are charged then you will appear in court and a full protective order is likely to issue. The Court may consider issuing a modified order, but be sure to confirm and understand the exact conditions of any protective order. Violating a valid order is cause for new charges.
Offenses from youthful offenders are not uncommon. However, this group of individuals is often perceived as a group that can be rehabilitated and avoid a life of crime. This makes crimes involving juvenile delinquency a complex area of the law that attempts to balance the needs of the public with the needs of the youth.
Restraining orders are issued in cases involving cases involving domestic violence and cases in which the judge believes that it is necessary to issue a restraining order in order to protect someone from another. However, situations sometimes arise in which a restraining order is not appropriate, such as when it is taken out against an innocent person.
Battery, domestic battery and aggravated battery are all serious crimes under Florida law. However, they each have unique elements that must be proven and different implications regarding sentencing.
Domestic violence charges can stem from family relationships or relationships with dating or sexual partners. Any offensive or harmful touching can lead to a charge if police become involved. These charges most commonly arise between sexual partners.
When people testify in court, they are often told that they will be subject to penalty if they perjure themselves. However, there are various types of ways that a person can be subject to perjury charges. Perjury can have many disastrous consequences.
Divorce can be hard on both the divorcing parties’ emotions and their wallets. For those in Williamson County, there is an alternative to traditional divorce litigation which may ease the emotional strain of a divorce and can be more cost effective in comparison to the traditional divorce process. That alternative is mediation.
In some situations, a concerned parent or other individual may petition the court for an emergency hearing to grant an order regarding custody or visitation rather than wait for the next available hearing date on the docket. However, such hearings are limited to those situations in which a true emergency is at stake.
Importance of declaring both of the spouses in the property declaration.
For many couples, real property represents the most valuable and expensive asset that they own. Since the couple will no longer be living together in the same house, they must often reach some sort of decision regarding which party will receive the house.
India has different divorce laws for different religions. Almost all the religions have their own divorce laws in India which are used among themselves. There are separate laws for inter-cast or inter-religion marriages.
Adopting a child is a responsible step for every family. The procedure of adoption is extremely difficult, both from a legal and social point of view. The legislative process of adoption is regulated in a way that as a result of adoption adopters and person who is adopted carry out certain risks.
Generally speaking, unmarried couples do not have the same property rights as married couples. While a court may help divide a married couple’s belongings and make other decisions regarding their severance of the marital relationship, they are more hesitant to do so and may lack the authority to do so when cohabitating couples are concerned.
In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.
Acknowledgement of paternity is the expression of person’s will. This person considers himself as a father of the child and it is one of the most pressing issues in the family law of Ukraine. After all, the fact of the child's origin from this man makes it necessary to perform the duties, established by Ukrainian legislation, of his father.
Ninety percent of the cases will involve witnesses and they can have the biggest impact on the outcome of the case. Witnesses are also accepted by the court as valid contributors of evidence. The witnesses testify to the reasons of the conflict between the parties. The witnesses can give as much of a detailed account of the relationship between the husband and wife as possible.
We will explain the kind of correspondences that the court accepts, and the role of the mediators in the processes of the family courts, whose purpose is to communicate between the parties to settle an amicable solution to the family dispute.
While it can be devastating to discover that your spouse has been unfaithful and broken his or her vows, laws are increasingly finding such information irrelevant. Most heartbalm statutes have been eliminated across the country, limiting the rights of the aggrieved spouse to seek compensation from the adultery partner.
One of the most important decisions to make during the divorce process is which parent or parents should have custody of the children. There are several ways that this decision can be made, and several factors that affect this decision.
Look at that picture. That used to be you- happy family, good friends, cute kids. But somehow, it all fell apart and you find yourself where you never thought you would be - in the custody fight of your life. It’s simple really; most of us have a few really primal urges- things we just instinctively care about. For most of us, those include breathing, eating, and sleeping. For parents, that list usually expands to include caring for your children.
Relationships between family members are often complicated and emotional. For this reason, conflict between members of the same household are bound to occur, even in the happiest of households. Unfortunately, when these disputes rise to the level of violence or threats of violence, the individuals involved may be facing allegations of serious criminal offenses.
Many individuals enter into prenuptial agreements in California as a precaution in case of divorce. Prenuptial agreements can help protect assets and income and protect spouses from default divorce rules. Although spouses will hope that they will not need to use their prenuptial agreement, it is there for them in case of divorce. Therefore, an effective strategy for creating a prenuptial agreement is to consider how the divorce should be handled.
While all 50 states now have no-fault and fault-based grounds for divorce, the process of getting a divorce is different in each state. Read the information below to learn about how the process of getting a divorce in California and consider seeking legal representation to assist you with this process.