Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
July 21, 2016 By Aleksey Pukha & Partners
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
July 20, 2016 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.
July 16, 2016 By HG.org
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.
July 11, 2016 By Huesman, Jones and Miles, LLC
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.
July 12, 2016 By Huesman, Jones and Miles, LLC
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.
July 6, 2016 By The Law Offices of Grant J. Gisondo, P.A.
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.
July 1, 2016 By Vanessa L. Prieto Law Offices, LLC
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.
June 30, 2016 By Boccadutri International Law Firm
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
June 17, 2016 By HG.org
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.
June 10, 2016 By E.S. Borjeson & Associates
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.
June 8, 2016 By E.S. Borjeson & Associates
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.
June 10, 2016 By E.S. Borjeson & Associates
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.
June 7, 2016 By Cofer Law, P.C.
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.
May 31, 2016 By HG.org
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.
May 31, 2016 By HG.org
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.
May 19, 2016 By Vanden Heuvel & Dineen, SC
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.
May 18, 2016 By Law Offices of Michael J. Brennan
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.
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.
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.
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.
May 17, 2016 By Law Offices of Michael J. Brennan
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.
May 5, 2016 By HG.org
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.
May 1, 2016 By Law Office of Lori Watson
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.
April 28, 2016 By HG.org
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.
April 26, 2016 By Valova & Angelova Law Firm
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.
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.
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.
People break up and get divorced every day. Many of these relationships may end in an amicable fashion. Even if the relationship involves some bitterness and drama, the only turmoil is usually emotional.
In some instances, a grandparent may wish to get a court order that specifically establishes his or her rights. Missouri has very specific laws on this subject and a process in which a grandparent may ask a court to provide for visitation rights.
Several states have recognized registered domestic partners for many years, longer than same-sex marriages have been recognized in many jurisdictions. Although the Supreme Court’s decision in 2015 legalized same-sex marriage across the country, many registered domestic partnership laws remain intact.
In recent years, medicine has reached the heights, including in matters of surrogate motherhood. Ukrainian legislation regulating the issue of surrogate motherhood pretty good, but if you consider this question wide enough, you'll notice that even the liberal Ukrainian law allows some discrimination because it is said exclusively about the couples who are in a registered marriage.
A practical look at a complication non-resident foreigners married to Thais may face when purchasing a condominium in Thailand.
Following a No Objection Certificate from the Family Guidance committee, the parties can file their family case in the Dubai Courts. In the second part of the of the guide through family court proceedings, we shall be outlining some of the common mistakes made by parties while entering into settlement agreements due to the absence of a competent attorney and sound legal advice.
After the witnesses have made their statements in the Family Court, there is usually one more hearing after that in order to allow both the parties to comment on the statements of the witnesses. The number of hearings following the witness statements depends on the Family Court. It is not restricted to one hearing, it can call for multiple hearing following the statements of the witnesses.
he United States Supreme Court recently sided with a lesbian mother in an adoption case, temporarily blocking an Alabama court order, which declared the adoption of her three children invalid. This case brings attention to the legal challenges that gay and lesbian couples must still face even after the Supreme Court passed a law stating that same-sex couples have the right to legally marry.
The purpose of a premarital agreement is to determine the division of properties in the event of a divorce. Thailand premarital agreements are strictly controlled through legislation.
If a father believed that a child was his and this is later disproved by genetic testing, the father may consider seeking reimbursements for child support payments that he made. Whether this is a possibility depends on state law, as does any continuing obligation to pay support.
In a recent Supreme Court case decision, according to Article 13 of the personal status law, court of cassation applied foreign law in a divorce matter. As per Article 13, either party has a right to request to the court to apply foreign law (ie place where marriage was contracted) in their divorce matter.
By APC Law Firm
Continued existence of human race, as an apogee of the relationship between a man and a woman is expressed in motherhood, which not only enriches, but also complements and harmonizes relationship between women and men. Birth of a child giveslong-awaited joy and is marked with common renewal, new stage of life and pleasant cares. What could be better than children's laughter and smiles!
By APC Law Firm
Lately, by force of some intrinsic reasons, the problem of marriage consummation by the citizens of Ukraine with foreigners became more topical. Still, in this issue there are lots of nuances that are necessary to take into account to avoid problems in the future.
One of the most frequent questions that divorcing couples ask is “how long will this take?”
A new Maryland law will now make it easier for couples without minor children to divorce.
For parents, child support in the event of a spousal separation or divorce is one of the most serious issues that they will have to face. If you are a parent and are concerned about your rights to child support, or your child support obligation, the following answers some of the most FAQs about child support in Utah.
In divorce orders and separation agreements, there may be terms such as “merged,” “survived” or “incorporated” that individuals without a legal background may not understand. However, these terms have very specific meanings and can have a big impact on the divorce.
When contemplating divorce, spouses may think about the family home, real estate, financial accounts and maybe even retirement accounts. However, one important asset that should also be considered is whether a family business may be subject to marital distribution.
When a couple gets divorced later in life, this is dubbed a “gray divorce.” Older individuals often have different issues to deal with during the divorce process than individuals of other age brackets. These special considerations include:
Divorce mediation is an alternative to litigating issues. In some jurisdictions, mediation is required in all family law cases. However, mediation can also be proposed by one of the parties even absent the court’s order to participate in it.
A family law judge has a tremendous amount of power in divorce cases. He or she may make a variety of decisions that can impact spouses for years to come.
When a spouse petitions for divorce, he or she usually has two options. He or she can either ask for a divorce based on no-fault grounds or he or she can file based on fault-grounds. The option he or she chooses depends on the state laws where he or she lives and the particular circumstances of the case.
What does “going to court” mean? That depends on whether you’re referring to the world of prime-time television (L.A. Law for my generation) or the real world of family law litigation. On prime-time television, it means filing an action and a short time later having a full hearing before a judge with everything wrapped up within an hour. The real world is much different.
The non earner spouse can withdraw funds from joint accounts prior to the time one of the parties files for dissolution. Once a petition for dissolution has been filed, automatic temporary restraining orders (ATRO's) go into effect. These orders forbid either party from dispating a community asset, absent a court order.
Making the decision to file for divorce is not always easy because there are a lot of things to take into consideration, personally, financially, and legally. If you make the decision to seek a divorce, it is important to remember that in dealing with a divorce in Salt Lake City, there are some legal requirements that have to be taken, some of which are discussed below.
When a person receives an order in a divorce case, this order is backed up by the power of the court. If a spouse refuses to comply with the instructions included in the court order, there are usually ways to compel the spouse to follow the judge’s instructions.
When individuals think about child support, they usually think about fathers supporting their children while the mother maintains primary custody. However, there are instances when fathers are entitled to child support.
This decade people are actively traveling around the world, not only for tourism but also for work, choice the place of residence, and because of that an international marriage is common. In this article we will consider the case when one of the spouses is a citizen of Ukraine, and the couple decided to take up permanent residence in Ukraine.Registered overseas marriage should be legalized in Ukraine if a couple wants to have rights and guarantees established by laws of Ukraine for the couple.
A recent Westmoreland County ruling could affect the way Pennsylvania courts handle visitation and custody rights of grandparents.
If divorcing couples are unable to agree on the distribution of their marital possessions, the court steps in and divides the property for them.
Sometimes divorce is finally filed after years of separation and is well anticipated. In other cases, it comes as a complete surprise to the person receiving paperwork. After receiving divorce papers, individuals must take immediate action to protect their legal rights and future.
Child support in Texas is calculated based on pre-existing guidelines that take into consideration a number of factors to arrive at a fair child support amount. One factor used to determine the amount of child support is your income level. Several different types of income are used to calculate child support in Texas.
While the United States recognizes the need for both parents to provide support to their children, other countries may not honor the child support orders that originate from the United States. Having a spouse who lives outside the country can make it more difficult to collect child support, there may be options available to the custodial parent.
A woman felt her Mom’s power of attorney was doing such a terrible job that her Mom’s health was at risk. But that’s the middle of the story. Let’s start at the beginning.
When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult children are faced with choices concerning the care of their elderly parents. Some will elect to live with their parents and provide personal care.
By now most New Jersey residents are aware of the 2014 amendments to the NJ alimony statute, N.J.S.A. 2A:34-23.
In Florida, assault occurs when an individual intentionally threatens another person with violence, placing the victim in fear of an imminent attack. A person commits battery when they actually commit the violent act. Florida's domestic violence statute incorporates both assault and battery, along with other offenses, such as stalking, kidnapping, and false imprisonment.
By CTM Avvocati
In the last decade Italy has increased by more than 35% the number of spouses or children arrived in our Country that use the institution of family reunification Visa. About 1% of it concerns people that have multiple wives. Can these people get an Italian Visa for family reasons?
We’ve watched the scene unfold on television before, a couple discusses their pending legal doom, things are bleak, then somehow they realize they can’t be forced to testify against one another, and suddenly, there is hope these troubles can be averted.
State laws prevailing over same-sex divorces are deficient, which creates a significant disadvantage regarding child visitation rights for same-sex couples who had children before they were legally married.
When a person is adopted, the legal relationship between that individual and birth parents and other individuals is altered. In many states, adoption creates new lineage that basically substitutes a person’s natural family for his or her adoptive family. Questions regarding the rights of extended family members to children who were adopted out of the family often arise in the will and estate area of law.
This is a preview as to the basic requirements for the filing of an application for adoption under the Philippine Domestic Adoption Act of 1998.
When a couple decides to get divorced, they agree to sever their legal relationship with each other. However, both parties still have legal rights and responsibilities related to their children, whether they were born of the marriage or part of an adoption. In most situations, the fact that the children were adopted will not differ from whether the children were born of the marriage. However, there are some exceptions.
While adoption can help place a child in a home with parents who want to care for the child, adoption does not always work out. The process is different to stop an adoption that has not yet gone through versus reversing one once it has been finalized. It also depends on the person who wishes to reverse the adoption.
In many situations, the family home is the most valuable asset in a divorce. It is common for spouses not to agree on how to treat this asset that they both may have been paying for during a number of years. However, determining the equity of a home is a vital component to reaching a final divorce settlement.