Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
February 16, 2017 By HG.org
State laws determine how much child support is appropriate and ordered. Different states use different formulas to arrive at the proper amount of support.
February 16, 2017 By HG.org
Courts generally treat custody decisions and child support as two completely different considerations. For this reason and others, a parent who has joint custody may still be required to pay child support.
February 16, 2017 By Maury D. Beaulier, Attorney at Law
Retaining an experienced attorney is important part of negotiating, drafting and reviewing prenuptial contracts. Costly errors are not easily remedied, if they can be remedied at all.
What Is a Marriage Contract in NJ ? When two people decide to get married, this is a contract to the state as much as it is a commitment to the people involved. A marriage contract is a prewritten negotiation of the details. You may not be planning on divorcing, but the possibility of divorce exists, so a marriage contract acts as clarity on what you have agreed on before committing to marriage. A marriage contract can clearly create the course of your marriage.
Domestic violence occurs when one’s safety is compromised. The safety in question includes one’s physical, mental, sexual, and economic, and emotional well-being.
Anyone who is feeling like they are being harassed, verbally or physically abused, or otherwise receiving harm from a specific person can file for a restraining order through the court in New Jersey. A restraining order is essentially a form of protection that enables a victim to live safely and free from abuse, threats, stalking, and harassment.
February 10, 2017 By Steven J. Pisani, Attorney at Law
Domestic Violence is bad in any form and nobody should accept it. Learn what could happened to you if you are caught under domestic violence law in Colorado.
February 9, 2017 By HG.org
Private investigators serve an important role. They often handle cases that are not taken care of by other professionals but that serve an important function in the justice or corporate system. Some of the common cases that private investigators take include:
February 9, 2017 By HG.org
One common reason why private investigators are contacted is to confirm whether or not a spouse or partner is cheating. This information can be used for a number of reasons. Private investigators often have useful tools at their disposal to aid in finding out this critical information.
February 8, 2017 By HG.org
If a spouse suspects his or her partner of cheating, a private investigator may be hired to help confirm this information.
February 8, 2017 By Leigh Daniel, Attorney at Law
When things go bad in a marriage and divorce seems to be the only option, many people want to make it happen as fast as possible. In the heat of the moment they agree to things that may not be fair to them or demand unfair concessions from their partner. The future, with all of it's possibilities and uncertainty, is not thought of in the rush to push the divorce through as quickly and cheaply as possible as an uncontested divorce.
February 2, 2017 By Williams Law Group, LLC
When children are adopted, their legal guardians change from the biological parent to the adoptive parent. Once a child is adopted, the parental rights are transferred to the adoptive parent.
February 2, 2017 By Williams Law Group, LLC
Raising a child is a demanding and challenging endeavor. This can pose problems for parents who suffer from a mental illness.
February 1, 2017 By Maury D. Beaulier, Attorney at Law
Changes in Minnesota's Spousal Maintenance law may affect those who cohabitate.
February 1, 2017 By Cores & Associates, LLC
If you have decided to have a divorce in the state of New Jersey, knowing how to divide the property is important.
February 1, 2017 By Kalish Law Texas
If you are the caregiver for a person who is a minor, or who has an illness or other condition that causes them to be unable to manage their own affairs, then you may have thought about filing a guardianship in a court. You should be aware that there may be alternatives.
February 1, 2017 By Williams Law Group, LLC
Take Action - If child welfare workers took your child from your home, you might be feeling helpless and scared.
January 31, 2017 By Cores & Associates, LLC
In New Jersey, it is against the law for anyone to be discriminated against because of national origin, color, or race. You cannot be discriminated against in public accommodation, housing, or in employment.
January 31, 2017 By Cores & Associates, LLC
What is joint tenancy? It’s a form of joint possession of property. It’s similar to tenancy in common, however, the difference is that joint tenancy includes the survivorship right.
January 31, 2017 By Williams Law Group, LLC
The right of first refusal is a provision commonly included in parenting plans to ensure both parents have every opportunity possible to spend time with their child.
January 31, 2017 By Williams Law Group, LLC
The bond between a parent and child is strong. But when that bond is broken or damaged, it can be difficult for children to feel safe when with the parent.
January 30, 2017 By Layfield & Barrett
Consumption of alcohol below the age of 21 is a criminal offense. Ensure that you are not breaking any of these other laws regarding underage drinking.
January 30, 2017 By Cores & Associates, LLC
In most cases of separated parents, one or the other will receive child support to help provide the child with the life he or she deserves. In some cases, however, the original child support order is not enough to sustain a quality lifestyle.
January 28, 2017 By Williams Law Group, LLC
Child neglect is legally defined as the failure of a parent or caregiver to provide for a child’s minimum needs.
January 28, 2017 By Williams Law Group, LLC
Child welfare cases are between the state and the parents. The dispute is over what is in the best interests of the child. For the parent, the child welfare litigation process is taxing. It will feel like it is you against a questionable child welfare system that has made mistakes in the past.
January 26, 2017 By Cores & Associates, LLC
New Jersey family courts are under Superior Courts – Family Divisions. New Jersey Family Court has jurisdiction over family law matters like the following:
January 24, 2017 By Cores & Associates, LLC
There are many people in New Jersey that have sought to legally alter their divorce decree or agreement over the decades. It happens for various reasons, but some people are reluctant to undergo the process simply because they do not know everything that it entails.
January 18, 2017 By Blair Foreman & Co.
What is an annulment? Annulment is a legal procedure which cancels a marriage between a man and a woman. The legal effect of annulling a marriage is that the marriage is completely erased as though it technically never existed and was never valid.
January 17, 2017 By Apfelbaum Law
Assuming the role of guardianship is a big responsibility. If in any way you have plans of claiming guardianship, be aware of Florida guardianship law.
January 17, 2017 By Cores & Associates, LLC
If you will soon be entering a legal situation regarding full custody of your child, chances are you may be nervous, and moreover, unsure of whether New Jersey allows for full custody and if so under what circumstances this may occur.
January 17, 2017 By Hassan Elhais
Abduction of children by one parent in an estranged marriage is becoming increasingly common in the UAE. More cases of international marriage unions are cropping up, while the UAE is home to a substantial number of expatriate workers.
January 3, 2017 By McNamara Law Office, PLLC
It is a common misconception that each party is required to separately consult a prenup lawyer before signing a prenuptial or postnuptial agreement. This is a misconception even among lawyers.
December 30, 2016 By McNamara Law Office, PLLC
It is important to be aware of Texas’ maximum child support limits. Guidelines for calculating child support in Texas changed after September 1, 2013. Under the law prior to September 1, 2013, a payer’s child support obligation was based on income up to the first $7,500 per month in net monthly resources. After September 1, 2013, child support is calculated using the first $8,550 in net monthly resources.
December 23, 2016 By The Law Offices of Sharita Blacknall
Assault family violence is just a type of assault. It has the same elements as all other assaults. What makes it different is that a judge makes a finding of family violence if the alleged victim was a member of the accused’s household as defined by the Family Code.
December 19, 2016 By Counsels Law Partners CLP
Dower, simply put, is the sum of money set at the time of marriage between a muslim man and woman as the woman's consideration of the marriage. Also known as mahr, it is the sum of money or other property which the wife is entitled to receive from her husband in return of agreeing to marry him.
December 13, 2016 By Arida Law Firm
Filing divorce case in Jordan need a legal procedure, and at the end the woman will have a divorce and shall get her financial rights.
December 12, 2016 By Blair Foreman & Co.
Individuals who live overseas or abroad and who have some connections to Jamaica normally enquire whether they should apply for their divorce in Jamaica. The purpose of this article is to provide an outline of the frequently asked questions which our Firm receive from those individuals and the advice provided in response to same so that persons can know whether they are eligible for obtaining a divorce in Jamaica while living abroad.
December 7, 2016 By Vitetta Family Law
Losing custody of your child is a heart-wrenching experience for any parent. It’s a difficult thing to accept that the court believes your children are better off with someone else- whether that person is your ex spouse, your parents or the foster care system.
November 30, 2016 By McNamara Law Office, PLLC
Texas law will not enforce prenuptial and postnuptial agreements that involve children unless the agreement is in the child's best interest. The best interest of the child is based on the circumstances and decided by the court at the time the decision is made.
November 28, 2016 By Maury D. Beaulier, Attorney at Law
Preparing for a Social Early Neutral Evaluation may assist parties in presenting and resolving their custody and parenting time issues at a an early stage of legal proceedings.
November 23, 2016 By Mahbub & Company
While Bangladesh does not legally recognize adoption and is not a party to the Hague Convention, the law allows its citizens (at least one parent must be a Bangladeshi citizen) to obtain legal guardianship of children. If a prospective adoptive couple is resident of a foreign country, they are able to complete the guardianship procedure in Bangladesh and then take the child through the adoption process in their country of residence.
Legally changing your name is more than just a personal decision. To have your new name legally recognized, you must follow Florida statutory law. If you are interested in a legal name change, here is how you can do so.
Numerous factors can constitute child deprivation resulting from parental misconduct and mistreatment. For example, a parent’s conviction for molesting other children could render him or her incapable of caring for a child. Likewise, if the child has been exposed to improper sexual activities or domestic violence, such conduct could suffice to demonstrate misconduct and mistreatment.
Recently, a Wisconsin judge pulled a married same-sex couple from Virginia into an eleven-month long legal battle over their parental rights. A woman from Wisconsin had agreed to be the couple’s surrogate and delivered their son last year.
Divorce is difficult, but not all divorces are created equally. Here in Austin and Greater Metro Area, more and more people are choosing to resolve their family law issues via the collaborative process. Collaborative divorce is a method of dispute resolution where the spouses agree from the beginning that they are each going to retain attorneys who will work as settlement specialists and who will not engage in court battles.
Mediation is a fast-growing area that first began changing the face of litigation in Texas in the late 1980's. Along with other forms of alternative dispute resolution, it gives family law clients another option in handing their case. Here are some interesting facts about mediation that you may not know.
1. Statement of Claim The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the parties, the location, and addresses of the parties along with their phone numbers, the legal grounds for the claim and the request and demand of the claimant. The statement of claim is a summary of the facts and leads the way further into the process.
The general rule is that property and funds transfers between spouses during marriage and in divorce are not taxable, except for post-divorce alimony. Gifts between spouses during marriage are usually not taxable, regardless of the amount.
Divorce mediation can be long, boring, tiresome, and emotionally draining. It can also be a tremendous relief when a mediated settlement agreement (M.S.A.) is signed. Giving the time and effort to prepare is essential to increase the chances of a successful mediation.
The custody and control of children are under Romanian law that of the parents and to those who the courts delegate this authority. Parental authority involves both rights and obligations for the parents for the education and raising of children. The rule is that parental authority is exercised jointly by both parents, regardless of whether they are married or divorced.
A durable power of attorney allows you to name someone to make financial decisions for you if you are not able to make those decisions yourself.
A proactive approach in this situation is to meet with a qualified estate planning attorney to guide the individual through the estate planning process which may help avoid some of the pitfalls of undue influence that can arise from caregivers, friends, family and others.
Why are your children so concerned about your new life? Are they overreacting?
Bankruptcy and Divorce can go hand in hand. The timing of which to do first can be a difficult decision and can have a major impact on your finances going forward. In this post we will discuss things to consider when deciding whether to file bankruptcy or divorce first.
Advocates for the rights of lesbian, gay, bisexual, and transgender (LGBT) parents are hailing a recent decision by the Maryland Court of Appeals that overturned a 2008 ruling that limited the rights of ‘de facto’ parents.
When a marriage or domestic partnership comes to an end, the ensuing divorce proceedings can be extremely complex. Each family is different, and every state has its own set of regulations surrounding divorce.
For many divorcing couples, the goal of reaching an amicable settlement loosely translates to everyone getting out without suffering serious emotional harm. If you were lucky enough to have an amicable divorce, you may have still been able to see, hear about, or talk to your ex without too much angst.
If you feel that your child is not receiving the appropriate level of education because a school or district has denied them either correct placement or classes for their special educational needs, you have the right to remedy the situation by filing a claim and requesting a hearing. The process can be complex, and you must be properly prepared, which makes it within your best interests to hire a special education attorney.
Domestic violence is taken seriously in jurisdictions throughout the country. In some areas, domestic violence is considered a felony. In others, it is considered a misdemeanor. This classification has a dramatic impact on the potential sentences that a defendant may face.
Domestic violence instances continue to run rampant throughout the country. Learning about the laws related to domestic battery and the potential penalties that a conviction can mean is the first step that a defendant who is facing domestic battery charges may take.
Domestic violence is an act that has been difficult to categorize legally in some states, but it has been increasing in occurrence throughout the entire country. It is often defined as the actions of an offender through violent or aggressive conduct towards those at home. These individuals at home may be family members, a spouse, children or those residing in the house.
Domestic violence is a continuing issue that has predominately affected women and young children. Laws have been changing to assist in changing situations for many and awareness about these constant problems has been heightened.
When domestic violence ensues, the person that perpetrates the acts and is convicted may find himself or herself on the receiving end of many harsh punishments. This conviction usually occurs when the prosecution is successful at proving the accused has harmed the victim in a violent and intentional way.
What Constitutes “Bad Faith” to Justify an Award of Counsel Fees?
Military lives are different in many ways. Someone who is part of the military can be divorced in our state courts just like everyone else. However, as we all know, there are some differences in military life that could make divorce a bit more complicated.
Today’s modern family has come a long way. Gone are the days where mom was relegated only to raising kids and tending to the home.
When children are involved in a divorce, emotions can often turn an already stressful situation into an unbearable one, especially when both parents want to spend equal time with their children following the divorce. The decision of who will get primary physical custody of the children and which parent receives visitation rights is no longer automatic.
Restraining orders are an important tool for victims of domestic violence. They limit the interactions that the victim is subjected to when involving the alleged abuser. They have proven to have a direct impact on the reduction of domestic violence crimes. However, a restraining order can sometimes be taken out based on false allegations.
When attempting to get a protective order when family violence is involved, victims are often confronting a complex issue. However, it is important to steadily pursue this goal in order to receive the myriad benefits that this tool provides.
Although abuse may be inflicted on anyone, young or old, male or female, there is a disproportionate number of incidences involving elderly women. Abuse takes on many forms, and it is important to be able to recognize the signs of elder abuse in order to stop it.
The Violence Against Women Reauthorization Act is an extension of the Violence Against Women Act, which was passed in 1994. This important law served to combat domestic violence, sexual abuse and stalking.
In some family law cases, a no contact order may be issued. This order prohibits the defendant from having any contact with the alleged victim. A no contact order is a tool that has often been effectively used to assist victims of domestic violence.
A no contact order is a civil order that instructs a person not to have contact with another person, often because the other person has alleged physical abuse, sexual assault, stalking or harassment.
When people think of domestic violence, they often visualize the image of a distressed woman who has been mistreated by her boyfriend or husband. However, women are far from the only victims of domestic violence.
Domestic violence affects every socioeconomic level, culture and race in the United States. Due to the prevalence of domestic violence in the United States, safeguards have been put in place to help the victims of domestic violence escape this situation and to have prompt access to the court system.
Victims of domestic violence can secure a protection order so that the alleged abuser cannot be around them. This is a court order that instructs the defendant not to have contact with the victim and to cease any abusive behavior toward the victim.
Every year, victims of domestic violence are seriously injured and some are even killed. Victims of domestic violence can take a step toward protecting themselves by requesting a protective order. A protective serves as an injunction, an order by the court for someone not to do something.
Domestic violence is a serious problem in the United States. It often affects every segment of society. Whether you are a victim of domestic violence, someone accused of domestic violence or a witness to what you suspect is domestic violence, there are many things for you to know about this subject.
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
Domestic violence is a serious violent crime with aggressive behavior from one person often injuring another. Bodily harm to various degrees is the outcome of these crimes, and the perpetrator may be arrested, charged with a violent crime and possibly convicted.
Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.
A common question that prosecutors are asked is if a case will be dismissed if the victim decides not to testify against the alleged abuser. The answer to this question depends on the state and the particular circumstances involved in the case.
For the past two decades, India has been the place for foreigners who seek to have a child through surrogacy, the states of Gujarat and Kerala being in the forefront with well-established clinics, doctors and middlemen, all working in tandem to ensure a foreign couple or even a single parent be blessed with a child and who were ready to loosen their purse by approximately USD 30,000.
Tragically, domestic violence is far too common. According to the United States Department of Justice, one in three victims of violent crimes suffered at the hands of a family member. Domestic violence is a serious allegation that carries with it the potential to impose many serious consequences.
Many New Jersey LGBTQ couples consider 2013 to be a landmark year. In that year, a key part of the Defense of Marriage Act (DOMA) was overturned, and New Jersey recognized the right for same-sex couples to marry.
The Supreme Court ruling making same-sex marriage a constitutional right was the beginning of new societal norms; however, many in the Lesbian Gay Bisexual Transgender (LGBT) community are still facing legal battles as state and local lawmakers hurry to address emerging legal issues. In just the first four months after the Supreme Court ruling, 96,000 same-sex couples were married.
Divorce results in any mutual inheritance claims between former spouses lapsing. However, it is possible for these to indirectly arise again. A “Geschiedenen-Testament” (divorcee will) can then prove to be useful.
By APC Law Firm
Despite the considerable popularity of the marriage contract in Europe, the USA, and Canada, the mentality of the Ukrainian people still cannot accept this deal as normal. For Ukrainians is not acceptable to combine feeling and money, that’s why the question raises immediately: why do you marry if you are now thinking about the consequences of divorce.
For some time, concerns had been raised over unethical inter-country legal guardianship of children from Uganda. In March 2016, Uganda Parliament was convinced and passed the Children Amendment Act 2016 which restricted legal guardianship to citizens only. Non-citizens can only petition for adoption. The application of the new law which is summarized in this article is yet to be seen.
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
By APC Law Firm
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
When a person buys a home before he or she is married, this property is usually considered his or her own separate property. However, the other spouse may have a right to some of the home’s equity upon divorce despite this classification. Also, steps may have been taken so that the property is no longer considered separate and is now subject to division in the divorce action.
It has been common and expected that when a woman is receiving alimony payments from her ex-husband, he will no longer have to pay spousal support when she becomes engaged to another man. However, when that same woman instead becomes engaged to another woman, courts have ruled that the man must continue his spousal support payments in Virginia; that is, until a recent decision reversed this ruling.
In the eyes of a child, summertime stands for fun. Swimming, sleepover camp, long days, cool evenings, and vacation plans dominate their calendars. For children of divorced or separated parents, summer can be anything but fun if effective co-parenting skills fail. Those long days can become even longer when tension and disappointment fill the air.
Yes, in many instances in Florida post judgment alimony can be modified. There are, however a number of considerations. Alimony is money paid from one party in a dissolution of marriage to the other party.
Florida Governor Rick Scott signed HB 967, which is entitled “Collaborative Law Process Act,” into law on March 24, 2016. In doing so, Florida joins an increasing number of other states who already have enacted legislation permitting collaborative divorces. Before the Act becomes effective, however, the Florida Supreme Court must approve and adopt Rules of Procedure and Rules of Professional Conduct to govern the collaborative divorce process.
Divorce has been possible in Italy only since 1970. According to statistical data published by the Italian Central Statistical Office, only in 2012, for every 1,000 marriages, there were 311 separations and 174 divorces and from among all marriages gotten in Italy, in almost every fifth marriage, at least one spouse is a foreigner
Divorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.
The estimated 130 million construction workers on jobsites across the U.S. face a potentially dangerous work environment on a daily basis. OSHA (Occupational Safety and Health Administration) cites there are approximately 150,000 construction accident injuries every year, with 5,000 of those injuries being fatal.