Family Law Articles

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 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.

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.

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).

The aging demographics of the United States coupled with the Pension and Recovery Act of 2006 (the "PPA”) and Deficit Reduction Act of 2007 (“DRA”) have provided an excellent planning opportunity to create tax efficient vehicles to solve a clients’ long-term care planning needs.

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.

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.

For the past several years, youth fatalities involving alcohol-related collisions have been declining, a welcoming development in the US where nearly 37 percent of traffic fatalities were caused by drunk drivers.

There has been a rise in America in domestic violence. Yet, there is also a conservative assumption that the man is always the aggressor and woman's violence is most likely self defense. This assumption is not always warrented. A closer look at cases proving otherwise.

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. For these purposes, it is not a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.

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.

A lot of woman today are afraid to get a divorce because they fear they won't receive spousal support or end up with a minimum wage job not being able to support their children. They fear their ex-husband will then step in and take their children. However this just isn't the case.

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.

As a follow up to my previous articles about the Agreement of Purchase and Sale, in this article, I’ll be discussing the execution and acknowledgment section of the Agreement of Purchase and Sale.

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.

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.

On October 1 of this year, a new law takes effect in Florida, making parent coordinators available to high-conflict divorcing or divorced parents. The parent coordinator will aim to help parents with deep disagreements resolve conflicts, make positive decisions regarding their children and abide by parenting plans.

On November 25, 2008, Martin Dell and the two boys he had been raising for the past four years officially became a family. Miami-Dade Circuit Court Judge Cindy Lederman determined that there was no plausible reason Martin, a gay man, should be denied the right of adoption.

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.

It is no secret that for quite some time, the Cambodian government has been working on legislation that would allow foreigners to have an ownership interest in real property in Cambodia. Following the real estate market slump last year, legal commentators believe that if foreigners are allowed to own land or buildings, the market could see the surge it so desperately needs.

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.

With the countries financial crisis and thousands of people losing their jobs, facing jail for not being able to make support payments has become a reality. Criminal and civil contempt charges for non child and spousal support are being filed by prosecutors and ex-spouses now more then ever before. This article will enlighten those who may face the possibility of jail and what they can do to hopefully avoid it.

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.

"Success is failure turned inside out, the silver tint of the clouds of doubt. You can never tell how close you are. It may be near when it seems so far. Stick to the fight when you're hardest hit. It's when things seem worst that you must not quit." (Bradley Tyler)

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

There are many companies offering services on the Internet which do not qualify as "investigations" but really should be. These companies are completely unregulated and most of these companies are "information brokers" who have access to databases of public records, like telephone numbers, address directories, voters registration filings, etc.

Eavesdroppers, thieves and hackers are all out there -- but you can prevent them from accessing your secrets.

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 been injured or want to know your rights when you are injured? This is where you will find all your answers.

Have been injured or want to know your rights when you are injured? This is where you will find all your answers.

Have been injured or want to know your rights when you are injured? This is where you will find all your answers.

Have been injured or want to know your rights when you are injured? This is where you will find all your answers.

Have been injured or want to know your rights when you are injured? This is where you will find all your answers.

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

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

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

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

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

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

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

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

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

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.

A quick look at the ten steps a defendant goes through in the criminal court system after being arrested.

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.

No matter what healthcare reform opponents say, living wills counseling is not a ticket to euthanasia.

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.

How-to-guide to cross examine a custody evaluator. 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.

In-depth analysis of how to draft a valid premarital agreement in California.

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.

There are several key differences between wills and trusts as instruments created to transfer property, making each desirable for different reasons depending on an individual’s particular situation.

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

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.

California Penal Code Section 422 is entitled "Terrorist Threats" but why are so many family members being charged with it in criminal courts around the state?

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.

The weak economy has been linked to a significant increase in domestic violence cases throughout the country. It is critical that Hawaii employers understand that the Hawaii Victims Leave Act requires all Hawaii employers to provide eligible employees with at least 5 days of unpaid victims leave.

"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.

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.

Your Last Will and Testament should empower your executor to elect to distribute any beneficiary’s bequest under your Will into a Special Needs Trust, thereby preserving the bequest.

Failure to pay court-ordered child support carries criminal consequences under both the state and federal statutes. In addition, non-paying parent may encounter severe immigration ramifications for avoiding payment of child support obligations.

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.

Regardless of the economic climate in the United States, marriages still fail and divorces occur. When a couple chooses to end their marriage, complex legal and emotional issues are involved. These situations are never easy and can become more difficult when involving complicated matters such as child support, spousal maintenance and high-end property division.

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.

Many people have heard the term common law marriage. But what is it exactly? This article discusses the fundamental aspects of a common law marriage in Colorado.

Adoption in Cambodia is currently a controversial issue. Although moratoriums are put in place for numerous countries around the world, there are exceptions to these for some expatriates living in Cambodia and for those with citizenship of countries that have not imposed a moratorium. In such cases BNG is willing to assist clients when it can be determined that the child involved is not a victim of child trafficking.

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.

The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty intended to secure the prompt return of children wrongfully removed to or retained in any contracting state, and to ensure that rights of custody and access under the law of one contracting state are respected in other contracting states.[3]

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.

Alternative Dispute Resolution (ADR) generally refers to the use of a neutral third party to facilitate settlement of a dispute outside of a formal court of law. In Texas, a common use of ADR is as a reference to settlement procedures described in and subject to the 1987 Texas Alternative Dispute Resolution Procedures Act. A copy of the Texas ADR Act is located at www.texadr.org.

The best time to consult with an attorney is when you don’t need one! Whenever you have concerns about a potential problem, that is the time to talk to a lawyer.

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.

A look at the top ten mistakes you can make in drafting and safeguarding your will. The author also reminds individuals that they need to leave sufficient copies of their wills with trusted friends so unscrupulous relatives don’t destroy their only copy.

A look at how living trusts can, depending on the size of your estate, reduce your estate taxes. As the author indicates, trusts can reduce your estate taxes and eliminate the need for probate and avoid probate fees. Trusts are not as complicated as people think but a will is still useful for property that falls outside of the trust.

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.

The legality or the otherwise of the etsu nupe’s directives on alhaji bello-masaba’s celebrated matrimony.

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.

How do you protect your independence and assets during your lifetime, and protect your family after your death? It is important to consult with an estate planning lawyer to ensure you not only have a plan established, but that your plan is valid and recognized under the current state laws. This article addresses these concerns and provides information about the estate planning process in light of an individual’s needs and desires.

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.

You may have a cause of action under the doctrine of Apparent Authority Doctrine/Agency by Estoppel. This theory has been applied in cases holding hospitals vicariously liable for the medical malpractice of independent physicians practicing medicine on their premises.

Estate Planning protect your assets & independence during your lifetime and protect your family after death. The objective of estate planning is to consult with a knowledgeable attorney to protect your loved ones.

Elder law is an increasingly complex area of law, and special needs trusts are becoming the norm in many instances. Florida elder law attorney Ellen S. Morris takes you through the basics everyone needs to know about special needs trusts.

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's why the Dominican fast divorce is the best 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.

In Canada, attempts to remove an executor are common. These applications are often commenced by disgruntled beneficiaries or frustrated co executors who believe that the person in charge of administering the estate is being unfair and or dishonest. The paper reviews some relevant case law to examine under what circumstances an Ontario court decide to remove an executor.