HG.org Legal Resources

Family Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.


Polygamous Marriage and Family Visa in Italy

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?

Can Your Wife or Husband Dime You Out?

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.

Same-Sex Divorce Negates Woman’s Visitation Rights

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.

Rights of Lineal Relatives After Adoption

  By HG.org
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.

Domestic Adoption in the Philippines; Requsites

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.

Adoption and Divorce

  By HG.org
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.

Is It Possible to Reverse an Adoption?

  By HG.org
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.

How Is Equity Determined in a Divorce?

  By HG.org
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.

Philippines: RA 9262 Extends to Parents in Laws

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.

Sole Custody, Joint Custody and Third-Party Custody

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.

Surrogacy in Ukraine: Positive and Negative Aspects

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?

How to Modify a Child Custody Agreement in Texas

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.

Tragic End to Child Abuse Case

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.

Will Maryland Courts Recognize Same Sex Infidelity as Adultry

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.

What Is the Time Limitation for Taking a Child Out of the Country?

  By HG.org
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.

Modifications to an Ohio Divorce Decree

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.

Division of Business Ownership or Professional Practices in an Ohio Divorce

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 Difference Between a Dissolution and a Contested Divorce in Ohio

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 Increasing Role of Marriage Contracts in Marriages with Ukrainians

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.

How to Travel Abroad with Children from Ukraine

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.

Can I Challenge Final Decision Making Authority?

  By HG.org
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.

The Importance of a Prenuptial Agreement

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

Can I Get a Common Law Marriage License?

  By HG.org
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.

Can I Get in Trouble for Not Returning to the United States with My Child from Florida?

  By HG.org
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.

What Are the Questions I Need to Ask My Lawyer in a Child Custody Case?

  By HG.org
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.

Divorce & Parenting Arrangements

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.

When is Mediation Necessary?

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.

The Rights of the Unborn to Support Under Ontario’s Succession Law Reform Act

Dagg v. Cameron [1] is one of those cases that law school professors use to challenge the way you think.

Dividing Real Property in Divorce

  By HG.org
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.

Liability of Debts when Spouses No Longer Live Together

  By HG.org
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.

Who Is Legally Responsible for Bills When Spouses Are Not Living Together?

  By HG.org
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.

Where Goes the House in a Divorce?

  By HG.org
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.

How Can a Private Investigator Help in My Divorce Case?

  By HG.org
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.

How Is Spousal Support Determined?

  By HG.org
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.

Supreme Court Decision to Legalize Same-Sex Marriage

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.

Prenups And "Pre-Pups"

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.

Marital Property for Foreign Spouses in Thailand

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.

How to Stop Child Support

  By HG.org
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.

What Assets Are Protected from Divorce Settlements

  By HG.org
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.

Statutes of Limitation on Back Child Support

  By HG.org
State laws determine how and when a person can be ordered to pay child support. Additionally, these laws dictate the window in which a person can collect arrearages.

Are All Marriages Equal in Divorce Court

The Supreme Court has acknowledged the validity of same sex marriage throughout the country. Of course, after parties get married, some of those parties decide to divorce. However, not all divorces are treated equally, because some of the doctrines surrounding divorce have traditionally been applied only to long standing heterosexual marriages.

Can Unconscionable Behaviour Disentitle a Dependant to Support?

Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”).[1] The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

What Is the Deadbeat Parents Punishment Act?

  By HG.org
In addition to remedies that are available at the state level, such as garnishment of wages and state tax offset programs, the Deadbeat Parents Punishment Act creates a federal criminal cause of action for parents who refuse to make court-ordered child support payments.

Child Legitimation in Thailand

According to Section 1548 of the Thai Civil and Commercial Code, a father of a child born out-of-wedlock must make an official application in order to become the legitimate father of the child.

Prenuptial Agreements in Kenya: Blessing or Curse?

The advantages of having a prenuptial agreement in the Kenyan context.

Family Offices

Many family offices (FO) started their business as so called single family offices, where the family owns the FO and serves only the owner family. Instead of covering the entire operative costs, many owners of single FO decided to offer its services to other families as well. This concept is called multi-family office (MFO) or multi-client family office. Only a few MFO have founded their business independently, without a large family backing it.

Can I Sue My Spouse?

  By HG.org
In some circumstances, one spouse may consider suing his or her spouse for particularly egregious conduct. However, whether the spouse can bring a viable claim against his or her spouse depends on the nature of the behavior, the nature of the relationship, state law and the particular circumstances involved.

Marital Settlement Agreement- Drafting Key Provisions

Drafting settlement and separation agreements is an important part of any family law practice because only fifteen-percent of divorce cases eventually go to trial.

Role of Forensic Accountants in Divorce Cases

  By HG.org
While divorce is often an emotionally-trying experience, at its core, it is a matter of ending a contract between two parties. One of the most contentious aspects of a divorce involves financial matters. In some cases, attorneys or private parties hire forensic accountants to uncover assets and to provide expert testimony at their divorce hearing.

Establishing Paternity in Illinois

Paternity is the legal term for the relationship between a father and his child. While maternity is always apparent, sometimes there may be questions as to who is the father of the child. When these questions arise, intervention of an experienced family law attorney is warranted.

Under What Conditions Would the Court Change Child Custody in China?

Once the right of child custody is granted to one party by court of law, it is difficult to change. If the other party wants to bring up child himself or herself, he or she has to prove stipulated situations exist.

Steps Women Should Take Before Getting a Divorce

  By HG.org
Before plunging into the waters of divorce, women can take several steps to help make the process easier. Decisions made immediately prior to divorce can have a financial impact for years to come.

How Does a Minor Get Emancipated?

  By HG.org
Some find it surprising, but it is not that uncommon for family law attorneys to hear the question “how does a minor get emancipated?” Reasons for emancipation can vary widely, from unhappy home environments to needing to grant a minor independence to govern his or her own affairs.

Steps to Take Before Getting a Divorce

  By HG.org
As much as getting a divorce is an emotional decision, it is also a financial decision. Once someone has made the decision to pursue a divorce, he or she should immediately take steps to safeguard his financial and legal interests.

Contributing to Your Grandchildren's Future

When estate planning, gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce the size of your estate and the tax that will be due upon your death.

Discouraging Adoption Fraud and Misrepresentation / Duty to Report Abuse and Guarding of Confidentiality

Especially in the case of adoption, the Code specifically requires an attorney to actively discourage adoption fraud or misrepresentation and prohibits the attorney from engaging in such conduct.

Setting and Communicating Attorney Fees

  By HG.org
Both Codes require that an attorney enter into a written fee agreement with a client and requires the attorney to carefully explain and ensure that the client understands the fee agreement. The fees collected by an attorney with respect to an adoption or surrogacy cannot be illegal or unconscionable and must be commensurate with the services provided.

Appraising All Parties of Their Rights and Obligations

Adoptions and Surrogacy Agreements raise substantial ethical considerations. Particularly in the case of Surrogacy Agreements, the parties are essentially contracting with one another for the use of another woman’s uterus.

Can Domestic Contracts Prevent Dependant's Relief Claims?

There is interplay between sections of the Family Law Act (“FLA”), and those of the Succession Law Reform Act (“SLRA”), in particular as it relates to the definition of “dependant”. That interplay may affect the second prong of the two prong test to determine who, in fact, is a dependant for the purposes of bringing a dependant’s support claim.

How Do I Garnish Wages for Child Support?

  By HG.org
In a typical debtor/creditor case, a creditor must go to court and get a judgment against a debtor before it can take part in collection efforts on the debt, such as garnishment or property assignments. Parents who are not receiving the support that they are entitled to receive per an existing court order do not typically have to go through the process of getting a judgment to have wages automatically withheld from the other parent’s wages.

Underage Drinking Liability: Illinois House Bill 4745

Minor in possession. Open container violations. Driving under the influence. Minors are particularly susceptible to committing these alcohol-related crimes in peer-driven situations while still underage. Some parents have resigned to the fact that their children will drink regardless of their efforts, and will do everything they can to keep them safe—even if that means breaking the law themselves.

Basics of Mediation

Mediation is negotiating with the assistance of a neutral third party (the mediator) who facilitates the negotiation process.

Lower Standard to Remove Restrictions on Parenting Time in Michigan

To modify custody the parent seeking the modification must show that there is a change in circumstances or good cause to revisit custody before the court will even consider a potential modification. The same is true for parenting time however the courts in Michigan have held that there is a less stringent requirement regarding the change of circumstances or good cause in order to modify parenting time.

How Do Support Orders Get Enforced

  By HG.org
While the first step in getting child or spousal support is to get a court order, this is only the beginning of the process. Unfortunately, many support orders go unpaid. However, there are a variety of ways that such orders can be enforced.

How to Stop Domestic Violence

  By HG.org
Black eyes, broken bones, missed days from school or work. For some, these may seem familiar. Whether they are occurring to you or someone you know, it is important to know that we can all help stop domestic violence.

The First Divorce Conversation to Have

The first and most vital decision that divorcing couples need to make is what process they’re going to use to accomplish their divorce. That’s right - it’s not about who will keep the house, what will happen with the retirement accounts or even how you’re going to share time with your children.

How to Avoid Fraud Adopting a Child from the Ukraine

The procedure of adoption of a child from Ukraine is complicated, expensive and long. Ukrainian legislation makes the process of adoption transparent as much as possible, candidates must prove their welfare and reputation (in the broadest sense of these words) to exclude the possibility of adoption by dishonest and careless parents.

Introduction to Jurisdiction of Divorce in Turkey

Divorce principles in Turkish Law related to divorce. Enforcement of a Foreign Divorce Decree in Turkey requires some standards.

Divorce under Tunisian Law

In Tunisia, the Family Law is regulated by the Code of Personal Status.The rules applicable to divorce in Tunisian law is the Articles 29 et seq of the Code of Personal Status.

Ways Divorce Attorneys Help Their Clients

  By HG.org
Divorce is often an emotionally and financially draining time. However, a qualified divorce attorney can help make the process easier. Here are some of the pivotal roles and tasks that divorce lawyers help their clients with.

When Do I Need a Lawyer?

  By HG.org
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.

What Happens to a Mortgage in a Connecticut Divorce?

It is a question that gets pushed aside amid figuring out child custody, money, and other asset division during divorce proceedings, but one that can have a lasting financial effect on both parties to a divorce. A home, like other marital property, must be divided upon divorce along with the associated mortgage.

What Family Law Court is Really Like

The people who can best appreciate what spending time in the family court system is like are family law attorneys. We live in this system day in and day out, seeing the same processes repeated in case after case.

Initial Consultation with a Divorce Lawyer

  By HG.org
When a person reaches out to a divorce lawyer for the first time, there are certain things that he or she should be aware of. Here is an overview of the initial consultation and some tips to make the best of this experience.

Basics of Collaborative Law

Collaboration means to work together to achieve a common goal. The collaborative process involves the spouses, their attorneys and any other involved professionals engaging in non-confrontational sessions to discuss the issues and goals of the involved individuals. The issues may include divorce, support of a spouse and/or children, how to divide the marital assets, co-parenting plans and anything else that spouses need to decide.

What Happens When Business Partners Divorce in Illinois?

Spouses do not typically go into marriages anticipating the marriage will fail. Likewise, partners do not begin a business thinking that it will be anything but successful. When the two worlds collide, a divorce settlement may adversely affect the future of a business, particularly when the spouses were business partners.

How Can Social Media Affect my Illinois Divorce?

We live in an age where we constantly feel the need to let everyone in the world around us know exactly where we are at all times. This is made possible by social media sites such as Twitter, Facebook, Instagram, LinkedIn and other similar networking and social sharing pages.

How Long Does Child Support Last For?

  By HG.org
While individual states may vary as to how they calculate child support, one constant is that states recognize that both parents have the legal duty to provide their children with basic necessities and to provide for their needs. The duration of a child support order depends on a number of factors.

New Jersey Same Sex Marriage

The debate over same-sex marriage continues to be a political issue, but many do not feel as strongly about the issue as they did a decade ago.

How Do Subpoenas Work?

  By HG.org
While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.

The Formidable Challenges Victims of Domestic Violence Face

In American culture, domestic violence and sexual assault have traditionally been treated as embarrassing secrets that must be hidden at all costs. However, our society’s views on such subjects are evolving, and victims no longer have to suffer in silence.

How Do I File Contempt in My Family Law Case?

  By HG.org
If there is an order that was entered in your family law case and the other party is not following the order, you may decide to pursue a contempt hearing. This is one method that individuals use to help enforce their order.

Home Issues Come to the Forefront in Florida’s Divorce Mediation Process

One of the main issues a Florida couple will have to deal with during a divorce is what to do with their home.

What Happens to the Mortgage in a New York Divorce?

Just like all other forms of marital property, a couple's mortgage on their home must be divided during their divorce. A mortgage is considered to be a piece of marital debt.

Tax Tips for Couples Going Through a Connecticut Divorce

While most divorced couples are immediately concerned about their children and their financial status, there are other, less obvious, impacts that divorce will inevitably have. Understanding the changes to your taxation status, for example, is something to consider when filing for divorce.

If You Have Not Divorced in Mexico, Can You Remarry in the United States?

If you have not divorced in Mexico, but you remarried in the United States, could this affect you? In short, yes. If you are married to another person anywhere in the world, you may not marry again until your first marriage is formally ended.

The Importance of Illinois Prenuptial Agreements

The prenuptial agreement. We hear about it in movies, on television, and may have signed one or know someone that signed one before entering into marriage.

Restricting Alcohol May Reduce Domestic Violence

The Center for Disease Control and Prevention (CDC) reports that one in every four women will experience domestic violence in her lifetime. In a recent correlating study, the CDC linked excessive alcohol use with domestic violence.

Divorce Can Derail A California Family Business

How a dissolution matter can effect a functioning family business in California.

Indirect & Direct Illinois Child Support Payments

One of the greatest and most obvious concerns newly divorced parents have is in regards to their children. Divorce proceedings can be time-consuming, expensive, emotional, and very difficult on a family.

New Illinois Domestic Violence Law

The Illinois legislature has recently taken critical, necessary steps to ensure the safety of women suffering from domestic violence.

I Need a Divorce, Where Do I Start?

  By HG.org
When love turns sour, the effects of a relationship ending can be devastating. When the only solution left is to seek a divorce, knowing where to begin is often confusing and may seem overwhelming.

Where is Same-Sex Marriage Legal?

  By HG.org
For the thousands of people involved in same-sex relationships in the United States, times have really begun to change. After decades of fighting for equal rights, many states have slowly begun to allow gay and lesbian couples to experience the same rights, benefits, and privileges associated with marriage as straight couples have always been allowed.

When a Marriage Breaks in the United Arab Emirates

Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.

New Technology, New Definition of “Family” May Change Florida’s Child Custody Law

Many Florida families look at the new technologies by which children can be conceived and wonder how best to interpret the meaning of the word “family.”

How Does Divorce Affect My Illinois Social Security Benefits?

While the ideal situation is being able to amicably divide your assets upon divorce, that might not always be the case. Even if you are willing to work with your ex-spouse in dividing property and other assets, things can get complicated quickly.

Am I Liable for My Spouse’s Credit Card Debt?

  By HG.org
While in many cases one spouse is not liable for the other’s credit card debt, this depends on a number of factors. Of these, the nature of the debt and where the debt was incurred are two primary considerations.

Attorney Tips for Handling Stress and Quelling the Fires of Conflict

Part of handling stress deals with the selection of the cases a lawyer takes. Lawyers should be cautious of taking cases from extremely difficult and unreasonable clients. These kinds of clients can raise stress and make the practice of law unenjoyable. Where it can be done ethically, in some cases, an attorney may wish to disengage or withdraw from cases where the client is completely unreasonable. These clients can also tend to seek conflict versus trying to quell the fires.

Do Grandparents Get Holiday Visitation Rights in Connecticut?

With the holiday season in full force, we all have a lot of things on our mind: hosting parties, cooking, gift shopping, work stress, and planning family gatherings. Most of us probably take for granted the simplicity of the holidays—we may have a schedule we have followed for years that determines which holidays we spend with whom.

Liability for Spouse's Debt in Connecticut Divorce

Everyone knows that divorce results not just in a severing of the marital bond between two individuals, but also in a division of property.


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