Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
Important Differences Between Enforcement of Spousal Support Orders and Enforcement of Civil Judgments in California
November 19, 2014 By Evanns Collection Law Firm
Spousal support refers to an ongoing series of payments payable to one spouse over a specified duration of time after a divorce. For spousal support to be enforceable under California law, a judgment must first be entered by the court.
November 19, 2014 By HG.org
In the objective sense, the term “best interests of the child” pertains to the principles that are used to determine what will be best for a child in a particular circumstance. In general terms, the best interests of the child assessment is used to determine which services and orders will best serve the child.
November 18, 2014 By Stange Law Firm, PC
it is vital that any attorney drafting a prenuptial agreement know about unlawful provisions. Otherwise, a client may later be unhappy if provisions of a premarital agreement, or an entire premarital agreement, is later deemed to be invalid because of the inclusion of unlawful provisions. In addition to the information provided in this article regarding unlawful provisions, any attorney should be careful that they are complying with the laws in their specific jurisdiction.
November 18, 2014 By The Evans Law Firm, Inc.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
November 16, 2014 By Goodman Law Group, P.C.
Battery domestic violence is a misdemeanor case in Las Vegas Nevada. But a domestic battery by strangulation is taken more seriously and can result in a felony charge.
November 13, 2014 By Goldstein, Goldstein & Hilley
Seeking a protective order after an instance of family violence can be complex. A protective order can be used to help a victim of family violence feel safer by restricting his or her interactions with the alleged abuser. However, there are several elements that must be proven to ensure a court would approve a protective order.
Potentially Misleading Advertisement for Indexed Universal Life Policies by Insurance Marketing Organizations
November 12, 2014 By The Evans Law Firm, Inc.
Insurance marketing organizations may have been providing misleading Indexed Universal Life policy ads.
November 8, 2014 By Stange Law Firm, PC
Family Limited Partnerships can present unique challenges in divorce litigation relative to the division of property and debt. It is vital to understand the key components, their structure and various valuation methods in order to effectively represent a client where a Family Limited Partnership is part of divorce proceedings.
November 7, 2014 By The Evans Law Firm, Inc.
Indexed Universal Life Insurance policies are unsuitable for most people. Read on to find out why.
November 5, 2014 By Law Offices of Peter Loyd Weber & Associates, LLC
Colorado child emancipation and disability cases can be complicated ones. This article addresses the basic issues with respect to state law.
November 5, 2014 By The Evans Law Firm, Inc.
12 tips to help prevent elder abuse and fraud.
November 4, 2014 By The Evans Law Firm, Inc.
Prospected high returns promoted by Indexed Universal Life policies (IULs) sales illustrations may not be that high in reality.
October 31, 2014 By The Evans Law Firm, Inc.
In the world of investment, seniors and elders are prime targets for financial scams. To protect yourself, read on to learn about the different schemes.
October 30, 2014 By The Evans Law Firm, Inc.
Sellers of Indexed Universal Life policies have been projecting higher gains than what buyers may actually receive.
October 29, 2014 By The Evans Law Firm, Inc.
If you have been thinking of hiring a caregiver for yourself or someone you love, read the following tips before you make a decision.
October 28, 2014 By The Evans Law Firm, Inc.
Abuse comes in many forms - emotional, physical, verbal, sexual - and to anyone - young or elderly. Learn how to identify abuse and prevent it.
October 27, 2014 By The Evans Law Firm, Inc.
Learn what are the causes and reasons an elder or senior citizen may be transferred from an assisted living facility to a skilled nursing facility.
October 25, 2014 By The Law Office of Heather Cullen, APC
How a marital dissolution action can affect an family business in California.
October 24, 2014 By The Evans Law Firm, Inc.
Investment risk factors seniors, elders, and their friends and family should be aware of.
October 23, 2014 By The Evans Law Firm, Inc.
There are many fraud schemes used by sellers intent on defrauding seniors and elders of their hard-earned money. Learn what they are to protect yourself.
October 21, 2014 By The Evans Law Firm, Inc.
Equity-Indexed annuities are a type of deferred annuity that bases its returns on a stock market index. However, insurance companies have the option of using one of three calculation methods to determine the returns, and each has its own pros and cons.
October 21, 2014 By Kydalov & Partners
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
October 20, 2014 By The Evans Law Firm, Inc.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
October 17, 2014 By The Evans Law Firm, Inc.
Seniors and elders, are you aware that deferred variable annuities may not be beneficial? If not, read on to learn about the risks of buying annuities.
October 16, 2014 By Daniel M. Copeland, Attorney at Law, P.A.
Even under the best of circumstances a marriage can be difficult and often times will not work out. Being a service member whose duty at times requires overseas deployment for long periods of time can lend even more strain.
October 15, 2014 By The Evans Law Firm, Inc.
Annuities sound like a good idea for elders and senior citizens. However, the opposite may be true. Annuities are not right for everyone and seniors and elders should learn why before purchasing an annuity.
October 14, 2014 By Moore Family Law
I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!” Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.
October 11, 2014 By Moore Family Law
The holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and spousal support.
October 10, 2014 By The Evans Law Firm, Inc.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.
October 9, 2014 By Moore Family Law
Article XI of the Minnesota Constitution prohibits the State from running a deficit. When tax revenues are significantly lower than expected, the State must cut spending or raise taxes in order to balance the budget.
October 7, 2014 By Rechel & Associates, P.A.
If you are a Florida resident and thinking about getting a divorce, there are several things you should keep in mind about Florida’s divorce laws. These items are important aspects to saving you time, sanity or both.
October 7, 2014 By Moore Family Law
Minnesota statute § 519.11 authorizes the use of “antenuptial” agreements (prenuptial in every day language) in order to give parties the chance to disclaim any interest in nonmarital or marital property after they are married.
October 4, 2014 By Stange Law Firm, PC
Knowing the rules of evidence in your particular state is vital to getting social media admitted into evidence. Cross-examination is often a time where you get much of the information admitted. This is accomplished through showing them the information on their page to verify that the data contained on their page is authentic.
October 3, 2014 By The Evans Law Firm, Inc.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
October 1, 2014 By Mulyk, Laho & Mack, LLC
Relatively new laws in the Illinois legislature have made it easier for persons who have been adopted to receive their original birth certificates. Both adoptees and surrendered persons born in Illinois may request a non-certified copy of their original birth certificate.
September 30, 2014 By The Evans Law Firm, Inc.
Two male nurses accused of committing elder abuse faces up to six years in prison if convicted at trial.
September 29, 2014 By The Evans Law Firm, Inc.
Primary plan employers or carriers have to pay damages to both Medicare and individual lawsuits for failure to pay conditional payments.
September 25, 2014 By The Evans Law Firm, Inc.
For senior citizens living with a chronic condition yet expect to live a long life, medically underwritten annuities may be the right annuity.
September 22, 2014 By Wagner Sidlofsky LLP
Is a prenuptial agreement1 that was not witnessed invalid? That is the exact question Ontario’s Court of Appeal addressed in Gallacher v. Friesen (“Gallacher”)2.
September 19, 2014 By Daniel M. Copeland, Attorney at Law, P.A.
Divorce cases are already confusing without trying to figure out how all of the financial obligations are going to be divided between both parties. Many people think that they don’t have to worry about their debts because they can pawn them off on the other party. Just because you can get rid of the spouse, that doesn’t mean your debts are going to disappear as well.
September 18, 2014 By The Evans Law Firm, Inc.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
September 17, 2014 By The Evans Law Firm, Inc.
According to a recent MetLife study, financial elder abuse is reported to cost $2.9 billion each year – and it's increasing.
September 15, 2014 By HG.org
While some individuals are able to reach an amicable decision with another individual in a family law dispute and maintain a healthy relationship, the majority of individuals who go through these types of disputes can benefit from the assistance of having a lawyer.
September 11, 2014 By HG.org
Where do I find a divorce lawyer (where we live now or where we got married)? Many countries, including the United States, allow you to get a divorce there, even if your marriage occurred in another country. Laws can vary drastically between countries, so be sure that you consult with your attorney regarding the steps necessary to get a divorce and whether the divorce will be valid in the country where you are currently residing.
September 10, 2014 By The Evans Law Firm, Inc.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
September 9, 2014 By HG.org
A power of attorney is a legal document that gives one person certain rights and responsibilities, the agent, over the person who had the document prepared, the principal. There are generally two different types of power of attorneys: a power of attorney for financial reasons and a power of attorney for healthcare matters. These documents are generally prepared separately, even if the same person is named as the agent in both documents.
September 8, 2014 By Stange Law Firm, PC
Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
September 6, 2014 By Stange Law Firm, PC
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
September 3, 2014 By Wagner Sidlofsky LLP
Suppose that prior to the death of your spouse the two of you signed an agreement where you both committed not to sue each other’s estate. Also imagine that you did not get legal advice before signing the agreement. Would a judge hold you to that agreement? It depends.
August 31, 2014 By Stange Law Firm, PC
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
August 29, 2014 By The Evans Law Firm, Inc.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make Good Decisions
August 28, 2014 By The Evans Law Firm, Inc.
Studies show that aging has a negative effect on decision making abilities in elders. Elders should be aware of an increased risk of falling victim to fraud due to increasing inability to make good decisions.
August 27, 2014 By The Kilfin Law Firm PC
In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death of one family or household member by another family or household member.
Challenging a prenuptial agreement in the context of estate litigation happens more often than you think.
When people think of weddings, the first thing that comes to mind is love and happiness. However, most marriages end up in divorce, which is why parties need to protect themselves before that step is ever reached. To cover both your finances and other types of properties, it’s crucial to look into hiring a family lawyer to draft up some kind of agreement. Typically, there are two contracts used when dealing with marriages and they are prenuptial and postnuptial agreements.
After LeVan v. LeVan(FN1) Lambert v. Lambert(FN2) and Rick v. Brandsema,(FN3) wealthy people who sign domestic contracts should be getting the message that failure to make full and frank disclosure of all relevant financial information opens the door for the agreement to be set aside. But that is the end of the story – let’s start at the beginning.
The process of saving for your child’s college education can seem daunting. Tuition is already substantial at so many universities, and, if current trends hold, will continue rising year after year right up to the time your child has graduated from high school and is ready to embark upon his or her freshman year of college.
If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some professionals advise against jumping into a divorce for a number of reasons, one of which is the immense financial liability.
You may have been told recently by your attorney that you need to answer written discovery in your case. This may come at a time when you are already stressed out by the fact that you are involved in a lawsuit. This article will give you some practical tips about how to manage the paperwork more easily.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
The considerations and main requirements a couple must consider if they want to marry in Costa Rica, Central America.
Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
Decades ago, the American culture as a whole began believing that unhappy parents equaled unhappy kids. This belief led many parents to divorce for the sake of their kid's happiness. However, research on the subject, which has spanned over 30 years, has found that in reality, kids suffer more and are therefore unhappy more when their parents get divorced. Consequently, parents aren’t any happier either.
Let’s assume for this discussion that you have settled your divorce, the kids are coping with the change in their lives. You have moved on from your divorce and have found a wonderful new partner in life. You are thinking about moving in with them and taking that relationship to the next level.
Child support is a parent’s legal obligation to provide for their children. It is the responsibility of both parents. The money actually belongs to the children and is to be used only for them, to provide food, clothing, shelter, medical care – the necessities of life. Child support payments cannot be waived.
Deciding to end your marriage is not easy decision to make. There are so many emotions involved, and it can seem completely confusing It may not be easy to think in a calm, rational manner during this time, but if you want the best result for your divorce, with the least amount of pain, it is something you must try to do.
The day of reckoning (for your marriage, anyway) is almost here. You are probably a little nervous about your court appearance. Your attorney should help prepare you for this appearance, but we offer a few tips here to try to calm the nerves.
A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse charges.
Many people wonder about sealing a juvenile record, especially when they did something that they regret when they were younger. Just like any type of criminal conviction, it could end up making it difficult to move forward in the future.
A collaborative divorce differs from a regular divorce because it is not adversarial, it is cooperative. So, what kind of people make the best candidates for a collaborative divorce?
The rising stock market has also broadened the appeal of certain investments such as variable universal life and indexed universal life insurance policies that are linked to stock performance.
There is never a good time to get a divorce, but the three months after the holiday season divorce and family law attorneys as well as marriage and family counselors often call “Divorce Season.”
The hardest thing to face as a single parent in Utah are the intense emotions associated with being both a mother and a father to a child. This is further magnified when the other parent is absent or is deliberately not doing anything to fulfill his/her part in the caring for the children. More often than not, the single parent’s psychological well being bogs down.
Until now, the term “domestic violence” has been used extensively to describe abuse that happens between the two members of a relationship, be it spouses, same sex couples, roommates, or family members.
Talaq is the Islamic term for divorce. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.
Being in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.
Often times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.
When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.
Litigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.
Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.
Divorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
There are many questions you need to ask yourself before making the life-changing decision to adopt a child.
Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and don't see boundaries. The lack of "boundaries" in the modern world helps to promote international marriages.
Dads can end up dealing with the worst of the consequences after a divorce. Seeking the most knowledgeable Atlanta divorce lawyer to handle your case isn't just something we suggest you do - it is a necessity when planning a successful divorce.
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.
Post-Dissolution of Marriage Considerations for Special Needs Children Subject to Parenting Plan Litigation
In order to properly address the issues that will be facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a Broward County special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of those certain and uniquely specific realities that effect their child and impair their ability to parent, support and time share for that child.
International marriages have become very often in modern society. The informational era of development presupposes the process of fast globalization and destroying all the borders between countries and peoples of the world. Ukraine is not an exception: Ukrainian women create families with the men from the Western Europe and the USA. Quite often, these marriages make the spouses happy.
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
Someone who drinks excessively and then commits a domestic violent crime probably isn’t thinking about the legal consequences of their actions.
Long -term care advocates and officials disagreed at a recent Assembly hearing.
Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.
It is common knowledge that divorces can be adversarial, and can include hotly contested and expensive court hearings. Most people also know that parties can make an agreement between themselves with or without a mediator's involvement. What a lot of people Don't know is that there is a third option...
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.