Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
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.
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.
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.
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.
April 22, 2016 By HG.org
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.
April 18, 2016 By Leges Juris Associates
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.
April 8, 2016 By Aleksey Pukha & Partners
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.
March 29, 2016 By HG.org
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.
March 23, 2016 By HG.org
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.
March 22, 2016 By Kydalov & Partners
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.
March 23, 2016 By Hassan Elhais
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.
March 22, 2016 By Hassan Elhais
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.
January 23, 2012 By HG.org
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.
March 9, 2016 By HG.org
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.
March 16, 2016 By Jones & Associates Law, PC
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.
March 17, 2016 By Buford & Gonzalez
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.
March 30, 2011 By HG.org
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.
July 30, 2009 By HG.org
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.
February 16, 2008 By HG.org
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.
November 17, 2009 By HG.org
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.
March 10, 2016 By HG.org
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.
March 10, 2016 By Kydalov & Partners
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.
March 9, 2016 By Hughes Krupica
A practical look at a complication non-resident foreigners married to Thais may face when purchasing a condominium in Thailand.
March 7, 2016 By Hassan Elhais
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.
March 7, 2016 By Hassan Elhais
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.
February 29, 2016 By Law Offices of Allyson B. Goldscher, LLC
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.
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
Few people are prepared to relinquish any rights to their children as the result of a divorce. However, certain compromises need to be made with regards to whether joint custody is a possibility, or if sole custody with other parent visitation rights is the answer.
Ukraine is very attractive in terms of finding women willing to provide the service of surrogate motherhood, as it has many positive aspects. Surrogate motherhood is a very profitable business in Ukraine. But this sphere of surrogacy is so attractive for fraudsters and unscrupulous persons. Why is that and how to escape of it?
Sometimes, a situation may arise that calls for parents to modify a custody agreement. However, making modifications to your child custody agreement is not an easy task. If you are the parent seeking the change, you will have to provide the court with substantial proof to support your request. A child custody order is attested by the court, and therefore, isn't easy to change. In some circumstances, the court will consider a petition to modify the custody order.
The recent case of a three year old Broward County, Florida boy, has brought national attention to the flaws throughout the countries child protection services. In this tragic recent case, the body of a three year old child was found dead in the laundry room of his father’s house with his body covered in bruises and cuts, reflecting long term abuse of this child.
Maryland legalized same sex marriage by popular vote in 2012. The Supreme Court has this year acknowledged the validity of same sex marriage throughout the country. However, some of the doctrines surrounding divorce were traditionally applied to long standing heterosexual marriages and it is unclear how those doctrines will be applied to same sex marriages.
Family law cases can often be emotionally straining. Sometimes, one parent is given primary custody at the objection of the other parent. The non-custodial parent may attempt to become the primary custodian by removing the child from the state or country, making it more difficult for the other parent to find him or her and to enforce the order.
The only constant in life is change, and changes in life circumstances and the lives of your children may warrant a post-decree modification of divorce orders.
How is the marital interest in a spouse’s closely-held business or professional practice established and divided during the course of a divorce or dissolution in Ohio? How do you protect the ongoing operations of the business or the professional practice while ensuring that a spouse receives appropriate compensation for their marital interest in the company or practice?
The two primary legal vehicles to bring a marriage to an end in Ohio are a “dissolution” and a “contested divorce.” The key difference between the two options lies in the resolution of all issues contained within the “Settlement Agreement.”
The number of signed marriage contracts is constantly increasing in Ukraine, what is more, it is growing in the segment of international couples when one spouse is a citizen of Ukraine and the other – a foreigner.
Sometimes there is a need to travel with children abroad. Circumstances for such trips can be different: it is a vacation trip, or, in case of the existence of international marriage, it is the need to move a child to the parents and relatives in another country, etc. If you belong to these groups, you should pay attention to the novel in the legislation in order arrange the documents properly and not to waste time and nerves on the border control.
In Georgia, a judge can designate or parents can decide on which parent will have final decision making authority. This authority extends to certain important aspects of the child’s life.
We live in a culture where marriages are not always “till death do us part.” Although most engaged couples imagine that their marriage will be a lifetime of shared bliss and cooperation with finances, the truth is that approximately 20 percent of marriages end within five years and more than 30 percent end within 10 years. This is why it is important to consider all possibilities for the future before you get married
When people get divorced, they may wonder about getting a common law marriage. They may be confused about the differences between traditional marriages and common marriages, especially concerning licenses.
While parents are usually free to move around the country, into other territories owned by the United States and to other parts of the world, their ability to take their children with them may be inhibited. These rights may be restricted if the other parent or individual has a Florida court order pertaining to visitation or shared parenting time.
Child custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.
Most parents experiencing a divorce tell me that their primary concern is their children’s best interests. And most of the time I believe them.
Mediation is a form of alternative dispute resolution, that is, a mechanism for resolving matters outside of the courtroom. Mediation is becoming an increasingly popular form of resolution for divorce settlements, in particular because it involves settling differences between spouses in front of a private mediator, rather than the court system.
Dagg v. Cameron  is one of those cases that law school professors use to challenge the way you think.
The most valuable asset in many divorce cases is the marital home. The disposition of this asset can have a significant impact on the financial health of the parties after divorce. Additionally, special considerations must be given to other pieces of real property that the couple owns. There are several options in determining how to deal with real estate in a divorce case. However, there are certain steps that must be taken before considering what is the best solution.
If two spouses are no longer living together, it can be difficult to determine who retains liability of the debt. Which spouse is responsible for the debt depends on a number of factors, namely the state laws where the spouses live and whether there are any agreements pertaining to debts accumulated during the marriage.
When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important considerations in this assessment.
The home that the family lived in during the marriage is often the most valuable asset that a couple owns. Therefore, this asset may receive much attention during the divorce proceedings. What happens to a house after divorce depends on state laws, circumstances involving the house and the parties’ actions.
Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.
Like many issues involving family law, state law largely dictates spousal support matters. This includes whether or not to award spousal support and in what amount.
Many in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community celebrating a victory, not only for them, but for the Court’s interpretation of the constitutional rights of all Americans.
Although couples do not enter a marriage with divorce in mind, a prenuptial agreement (prenups) can protect both parties and avoid a long, costly divorce process.
The Land Department of Thailand has special regulations that apply to the situation where a Thai national married to a foreigner wishes to purchase land.
Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.
Family courts around the country recognize that spouses own some property that is separate from what they accumulated as a marital couple. Those assets that comprise the marital estate are subject to division at the time of divorce while separate property is generally excluded from a divorce award.