Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
January 23, 2015 By CP Law Firm
You are proposed to contemplate a number of distinct things, with regards to selecting quality family attorneys.
January 19, 2015 By Eichen, Crutchlow, Zaslow & McElroy, LLP
The Home Security Outlet, an online store that offers DIY home security systems, has released a new product designed to protect the elderly from abusive caregivers. The device, called The Air Freshener Hidden Camera with DVR, can be easily installed in any home and will record video that is stored on an SD card whenever motion is detected in the room.
January 12, 2015 By Daniel M. Copeland, Attorney at Law, P.A.
If couples can put their differences aside to create an atmosphere of teamwork, they can work with a divorce mediator to help them achieve a friendly divorce.
If you are considering retaining the services of a private investigator, you may want to know some background information regarding these individuals. Here are a few frequently asked questions about private investigators and their answers.
While many private investigators complete work in the field by conducting surveillance on a subject and photographing them in certain acts, digital private investigators focus more on gathering digital evidence. This information may be used in family law cases, employment disputes, personal injury cases or myriad other cases.
In certain cases, a lawyer may recommend hiring a private investigator. He or she may have existing contacts or may recommend that you find your own investigator. Here are some situations in which you may need a private investigator to assist you in your case.
Presenting a case in front of a judge or jury usually requires specialized knowledge about procedural issues and evidence, which is why hiring an attorney is usually recommended. However, in some instances, clients simply cannot afford a lawyer and choose to represent themselves, called “pro se.” There are a few places that you may look to find more information on your legal topic.
January 6, 2015 By Demmel Law Office, LLC
As with most questions in the legal realm, the answer to this seemingly simple question is “It depends.” A simple, no-fault divorce with both parties consenting and promptly filing all the necessary paperwork can be done in about 120 days from filing the divorce complaint to the date of the divorce decree. On the other end of the spectrum, some divorce cases can drag out for 4, 5 or even 10 years. The timeframe for most divorces falls between those two extremes.
January 6, 2015 By Robison, Curphey & O'Connell, LLC
The answer should be yes, but if you have had major life events in your family, such as births, adoptions, divorce, marriage, or deaths, your loved ones may be in for a surprise. If you fail timely to update your beneficiaries, or fail to provide a paper trail showing your intent to keep them the same, you may unwittingly be disinheriting a child or benefiting an ex-spouse.
January 5, 2015 By The Evans Law Firm, Inc.
Two million and counting elders suffer from elder abuse every year in the United States. However, with elder abuse on the rise, and the fact that elder abuse are often not reported, the actual number can exceed 2 million.
January 5, 2015 By Robison, Curphey & O'Connell, LLC
When is a child a child? The Michigan Court of Appeals has ruled that it is not necessary to establish a biological relationship in order to be treated as a child for intestate succession purposes. The laws of intestate succession provide a distribution plan for the assets of people who do not have a Last Will & Testament.
January 4, 2015 By HG.org
Service of process is the legal notification to one party, usually a defendant, of the receipt of certain information. While each state can establish its own rules regarding the requirements for service of process, the federal rules are required in federal states. Additionally, some states have adopted the federal rules verbatim.
January 4, 2015 By HG.org
Although federal courts and many state courts only require that a process server be 18 years of age or older and a non-party, most process servers are representatives of private service of process businesses or certain law enforcement officers. For federal cases, a marshal may be used. In state cases, a sheriff’s department officer may be used.
January 2, 2015 By Ruvolo Law Group, LLC
Planning to get married? Be practical and get a Prenuptial Agreement done for the following reasons.
December 29, 2014 By HG.org
Due to a number of important Supreme Court decisions in the 21st century, married same-sex spouses are entitled to a number of benefits that were previously outside their reach. While domestic partners may be entitled to some benefits, married spouses are typically eligible for more benefits. Marriage is a factor in many federal benefits.
December 25, 2014 By Kenneth Padowitz P.A.
Domestic violence is a serious accusation and can have devastating effects on the life of those accused.
December 21, 2014 By Mulyk, Laho & Mack, LLC
Illinois has seen many positive changes in support of women’s equality recently. In addition to signing an amendment to the Equal Pay Act that will centralize workplace discrimination investigations, Governor Quinn also signed into law a bill that will expand accommodations for expecting and new mothers.
December 21, 2014 By The Law Offices of R. Sebastian Gibson
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
December 21, 2014 By M. R. I. Chowdhury & Associates
Bangladesh is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, inter-country adoption processing for Bangladesh did not change. Bangladeshi law does not allow for full adoptions of Bangladeshi children.
December 15, 2014 By Kydalov & Partners
There are more than 25,000 of children living in orphanages in Ukraine. Of course, all of them want to find a carrying family and loving parents. Not only Ukrainians can give them such an opportunity to find home, but also residents of other countries can do. Fortunately, Ukraine is loyal to adoption of children by foreigners.
December 12, 2014 By Cindemir Law Office
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
December 10, 2014 By The Evans Law Firm, Inc.
Financial Conduct Authority says the deferred annuities market is messy, so seniors and elders need to be more careful when buying.
December 9, 2014 By The Evans Law Firm, Inc.
When moving your loved one into a nursing home, you want the best. Except, that info isn't readily available to the public.
December 8, 2014 By Demmel Law Office, LLC
Decide or have the decision made for you. This phrase applies to pretty much everything in the area of family law. You can’t make any decisions for anyone else, but you can decide how you’re going to approach these challenges. If you don’t decide how you’re going to approach these difficulties, the decision will be made for you.
December 8, 2014 By Kathryn L. Harry & Associates, PC
In Illinois, there are parents with physical custody of the children, often referred to as residential custody, and there are non-residential custodial parents with visitation rights. In any divorce in which the parties are parents, often, divorce lawyers will tell you that the primary issue is often the division of visitation time with the kids. The most sought after parenting time is during the holidays when families are expected to be together and the kids are not in school.
December 7, 2014 By HG.org
While the majority of states require that assets be distributed in an equitable division upon divorce, community property states view all property that was accumulated during the marriage to be the equal property of both spouses.
December 3, 2014 By The Prince Law Group, LLC
When a previously married couple files for divorce, their property must be equitably distributed between the former spouses. Usually, the courts will follow what is known as an equitable distribution model to ensure fairness to both parties.
December 3, 2014 By Mulyk, Laho & Mack, LLC
In every Illinois divorce, the family law court decides whether one spouse must pay maintenance, commonly referred to as spousal support, to the other side.
December 3, 2014 By The Law Office of Heather Cullen, APC
The Child Custody and Visitation Process in California. Divorcing parents in California control their own future when deciding child custody arrangements. That is if they are amicable and can come to an agreement.
November 30, 2014 By HG.org
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin use a community property distribution scheme to divide marital property. Alaska recognizes the community property scheme if the spouses agree to the arrangement. All other states use equitable distribution.
November 28, 2014 By LMG Law Office
Domestic Violence in relation to RA 9262. Domestic Violence is an act of aggressive behaviour within the home and towards a member or members of the family such as but not limited to physically inflicting bodily harm to a spouse or children, verbally assaulting a member of the family, sexually abusing the wife, partner or even the children.
November 26, 2014 By The Law Office of Heather Cullen, APC
Issues to review when contemplating a dissolution of marriage.
Important Differences Between Enforcement of Spousal Support Orders and Enforcement of Civil Judgments in California
November 19, 2014 By Evanns Collection Law Firm
Spousal support refers to an ongoing series of payments payable to one spouse over a specified duration of time after a divorce. For spousal support to be enforceable under California law, a judgment must first be entered by the court.
November 19, 2014 By HG.org
In the objective sense, the term “best interests of the child” pertains to the principles that are used to determine what will be best for a child in a particular circumstance. In general terms, the best interests of the child assessment is used to determine which services and orders will best serve the child.
November 18, 2014 By Stange Law Firm, PC
it is vital that any attorney drafting a prenuptial agreement know about unlawful provisions. Otherwise, a client may later be unhappy if provisions of a premarital agreement, or an entire premarital agreement, is later deemed to be invalid because of the inclusion of unlawful provisions. In addition to the information provided in this article regarding unlawful provisions, any attorney should be careful that they are complying with the laws in their specific jurisdiction.
November 18, 2014 By The Evans Law Firm, Inc.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
November 16, 2014 By Goodman Law Group, P.C.
Battery domestic violence is a misdemeanor case in Las Vegas Nevada. But a domestic battery by strangulation is taken more seriously and can result in a felony charge.
November 13, 2014 By Goldstein, Goldstein & Hilley
Seeking a protective order after an instance of family violence can be complex. A protective order can be used to help a victim of family violence feel safer by restricting his or her interactions with the alleged abuser. However, there are several elements that must be proven to ensure a court would approve a protective order.
Potentially Misleading Advertisement for Indexed Universal Life Policies by Insurance Marketing Organizations
November 12, 2014 By The Evans Law Firm, Inc.
Insurance marketing organizations may have been providing misleading Indexed Universal Life policy ads.
November 8, 2014 By Stange Law Firm, PC
Family Limited Partnerships can present unique challenges in divorce litigation relative to the division of property and debt. It is vital to understand the key components, their structure and various valuation methods in order to effectively represent a client where a Family Limited Partnership is part of divorce proceedings.
November 7, 2014 By The Evans Law Firm, Inc.
Indexed Universal Life Insurance policies are unsuitable for most people. Read on to find out why.
November 5, 2014 By Law Offices of Peter Loyd Weber & Associates, LLC
Colorado child emancipation and disability cases can be complicated ones. This article addresses the basic issues with respect to state law.
November 5, 2014 By The Evans Law Firm, Inc.
12 tips to help prevent elder abuse and fraud.
November 4, 2014 By The Evans Law Firm, Inc.
Prospected high returns promoted by Indexed Universal Life policies (IULs) sales illustrations may not be that high in reality.
October 31, 2014 By The Evans Law Firm, Inc.
In the world of investment, seniors and elders are prime targets for financial scams. To protect yourself, read on to learn about the different schemes.
October 30, 2014 By The Evans Law Firm, Inc.
Sellers of Indexed Universal Life policies have been projecting higher gains than what buyers may actually receive.
October 29, 2014 By The Evans Law Firm, Inc.
If you have been thinking of hiring a caregiver for yourself or someone you love, read the following tips before you make a decision.
October 28, 2014 By The Evans Law Firm, Inc.
Abuse comes in many forms - emotional, physical, verbal, sexual - and to anyone - young or elderly. Learn how to identify abuse and prevent it.
Learn what are the causes and reasons an elder or senior citizen may be transferred from an assisted living facility to a skilled nursing facility.
How a marital dissolution action can affect an family business in California.
Investment risk factors seniors, elders, and their friends and family should be aware of.
There are many fraud schemes used by sellers intent on defrauding seniors and elders of their hard-earned money. Learn what they are to protect yourself.
Equity-Indexed annuities are a type of deferred annuity that bases its returns on a stock market index. However, insurance companies have the option of using one of three calculation methods to determine the returns, and each has its own pros and cons.
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
Seniors and elders, are you aware that deferred variable annuities may not be beneficial? If not, read on to learn about the risks of buying annuities.
Even under the best of circumstances a marriage can be difficult and often times will not work out. Being a service member whose duty at times requires overseas deployment for long periods of time can lend even more strain.
Annuities sound like a good idea for elders and senior citizens. However, the opposite may be true. Annuities are not right for everyone and seniors and elders should learn why before purchasing an annuity.
I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!” Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.
The holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and spousal support.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.
Article XI of the Minnesota Constitution prohibits the State from running a deficit. When tax revenues are significantly lower than expected, the State must cut spending or raise taxes in order to balance the budget.
If you are a Florida resident and thinking about getting a divorce, there are several things you should keep in mind about Florida’s divorce laws. These items are important aspects to saving you time, sanity or both.
Minnesota statute § 519.11 authorizes the use of “antenuptial” agreements (prenuptial in every day language) in order to give parties the chance to disclaim any interest in nonmarital or marital property after they are married.
Knowing the rules of evidence in your particular state is vital to getting social media admitted into evidence. Cross-examination is often a time where you get much of the information admitted. This is accomplished through showing them the information on their page to verify that the data contained on their page is authentic.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
Relatively new laws in the Illinois legislature have made it easier for persons who have been adopted to receive their original birth certificates. Both adoptees and surrendered persons born in Illinois may request a non-certified copy of their original birth certificate.
Two male nurses accused of committing elder abuse faces up to six years in prison if convicted at trial.
Primary plan employers or carriers have to pay damages to both Medicare and individual lawsuits for failure to pay conditional payments.
For senior citizens living with a chronic condition yet expect to live a long life, medically underwritten annuities may be the right annuity.
Is a prenuptial agreement1 that was not witnessed invalid? That is the exact question Ontario’s Court of Appeal addressed in Gallacher v. Friesen (“Gallacher”)2.
Divorce cases are already confusing without trying to figure out how all of the financial obligations are going to be divided between both parties. Many people think that they don’t have to worry about their debts because they can pawn them off on the other party. Just because you can get rid of the spouse, that doesn’t mean your debts are going to disappear as well.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
According to a recent MetLife study, financial elder abuse is reported to cost $2.9 billion each year – and it's increasing.
While some individuals are able to reach an amicable decision with another individual in a family law dispute and maintain a healthy relationship, the majority of individuals who go through these types of disputes can benefit from the assistance of having a lawyer.
Where do I find a divorce lawyer (where we live now or where we got married)? Many countries, including the United States, allow you to get a divorce there, even if your marriage occurred in another country. Laws can vary drastically between countries, so be sure that you consult with your attorney regarding the steps necessary to get a divorce and whether the divorce will be valid in the country where you are currently residing.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
A power of attorney is a legal document that gives one person certain rights and responsibilities, the agent, over the person who had the document prepared, the principal. There are generally two different types of power of attorneys: a power of attorney for financial reasons and a power of attorney for healthcare matters. These documents are generally prepared separately, even if the same person is named as the agent in both documents.
Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
Suppose that prior to the death of your spouse the two of you signed an agreement where you both committed not to sue each other’s estate. Also imagine that you did not get legal advice before signing the agreement. Would a judge hold you to that agreement? It depends.
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make Good Decisions
Studies show that aging has a negative effect on decision making abilities in elders. Elders should be aware of an increased risk of falling victim to fraud due to increasing inability to make good decisions.
In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death of one family or household member by another family or household member.
Challenging a prenuptial agreement in the context of estate litigation happens more often than you think.
When people think of weddings, the first thing that comes to mind is love and happiness. However, most marriages end up in divorce, which is why parties need to protect themselves before that step is ever reached. To cover both your finances and other types of properties, it’s crucial to look into hiring a family lawyer to draft up some kind of agreement. Typically, there are two contracts used when dealing with marriages and they are prenuptial and postnuptial agreements.
After LeVan v. LeVan(FN1) Lambert v. Lambert(FN2) and Rick v. Brandsema,(FN3) wealthy people who sign domestic contracts should be getting the message that failure to make full and frank disclosure of all relevant financial information opens the door for the agreement to be set aside. But that is the end of the story – let’s start at the beginning.
The process of saving for your child’s college education can seem daunting. Tuition is already substantial at so many universities, and, if current trends hold, will continue rising year after year right up to the time your child has graduated from high school and is ready to embark upon his or her freshman year of college.
If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some professionals advise against jumping into a divorce for a number of reasons, one of which is the immense financial liability.
You may have been told recently by your attorney that you need to answer written discovery in your case. This may come at a time when you are already stressed out by the fact that you are involved in a lawsuit. This article will give you some practical tips about how to manage the paperwork more easily.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
The considerations and main requirements a couple must consider if they want to marry in Costa Rica, Central America.
Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
Decades ago, the American culture as a whole began believing that unhappy parents equaled unhappy kids. This belief led many parents to divorce for the sake of their kid's happiness. However, research on the subject, which has spanned over 30 years, has found that in reality, kids suffer more and are therefore unhappy more when their parents get divorced. Consequently, parents aren’t any happier either.
Let’s assume for this discussion that you have settled your divorce, the kids are coping with the change in their lives. You have moved on from your divorce and have found a wonderful new partner in life. You are thinking about moving in with them and taking that relationship to the next level.
Child support is a parent’s legal obligation to provide for their children. It is the responsibility of both parents. The money actually belongs to the children and is to be used only for them, to provide food, clothing, shelter, medical care – the necessities of life. Child support payments cannot be waived.
Deciding to end your marriage is not easy decision to make. There are so many emotions involved, and it can seem completely confusing It may not be easy to think in a calm, rational manner during this time, but if you want the best result for your divorce, with the least amount of pain, it is something you must try to do.
The day of reckoning (for your marriage, anyway) is almost here. You are probably a little nervous about your court appearance. Your attorney should help prepare you for this appearance, but we offer a few tips here to try to calm the nerves.