Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Mediation is negotiating with the assistance of a neutral third party (the mediator) who facilitates the negotiation process.
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.
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.
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 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.
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.
Divorce principles in Turkish Law related to divorce. Enforcement of a Foreign Divorce Decree in Turkey requires some standards.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
One of the main issues a Florida couple will have to deal with during a divorce is what to do with their home.
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.
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, 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 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.
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.
How a dissolution matter can effect a functioning family business in California.
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.
The Illinois legislature has recently taken critical, necessary steps to ensure the safety of women suffering from domestic violence.
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.
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.
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.
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.”
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.
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.
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.
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.
Everyone knows that divorce results not just in a severing of the marital bond between two individuals, but also in a division of property.
Nowadays, many people move to Ukraine to marry with Ukrainian citizens. A foreigner who married a person who lives in Ukraine will face a number of challenges before and after the registration of a marriage. This is not about difference between mindsets and some special culture features: in this article we will consider Ukrainian law features and different law problems related to marriage.
While it seems sensible that parents who have “joint custody” would not need to pay child support because they both have the child, there are many situations in which one of the parents must provide child support. Read over the following information and then discuss what rules apply to your case with a family lawyer in your jurisdiction.
Criminal penalties tend to be harsh so that the state can accomplish its goals, including deterring similar future conduct from the defendant and others. Some states provide for lighter sentences for certain individuals, including youthful offenders. Alabama is one of these states.
Twelve common family law questions.
When the parents of a child with special needs are divorcing, or are considering divorce, it is important to accurately access the emotional and financial requirements that will need to be met for the good of the child.
By CP Law Firm
You are proposed to contemplate a number of distinct things, with regards to selecting quality family attorneys.
While the classic rule was that spouses could not sue each other, the abolition of laws throughout much of the 20th century has all but eliminated this rule.
So many issues come up during divorce mediation that couples often become overwhelmed with all of them. Child custody, alimony, and child support are only a small part of the items that should be covered.
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.
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.
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.
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.
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.
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.
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.
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.
Domestic violence is a serious accusation and can have devastating effects on the life of those accused.
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.
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.
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.
More and more Americans are turning to in vitro fertilization as a means of conceiving. Sometimes the sperm donor for these procedures is known, sometimes he is not. In either instance, what are the possible legal issues related to both the mother and biological father as the sperm donor?
In 2004, a Harvard University study found that of 168 countries surveyed, 163 had some form of government mandated maternity leave pay. The United States was not one of them. As a result, millions of American women suffer crippling economic hardships when they must take time off to give birth, and then are forced to return to work prematurely or go without income. Enter the FAMILY Act.
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.
Over the last few years there have been a number of television shows regarding the polygamist lifestyle. This has led some to wonder whether polygamy may be legal anywhere in the U.S. It also raises questions about why bigamy is outlawed and whether this is a trend that may be changing.
As the Internet makes the world a smaller and smaller place, unusual new ways of meeting people have become increasingly popular. While personal ads placed in the newspaper used to be a somewhat embarrassing way of meeting someone, the explosion of the Internet made online dating sites almost the norm for arranging romantic encounters. Similarly, the Internet has also opened the doors to international romance in the form of “mail order bride” services. But what laws affect mail order brides?
Often, when considering marriage couples are thinking only about love and romance, not the more practical concerns like how one spouse's debts might affect the other after they are married. So, the question often arises “can I be held liable for my spouse's debts?”
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
Financial Conduct Authority says the deferred annuities market is messy, so seniors and elders need to be more careful when buying.
When moving your loved one into a nursing home, you want the best. Except, that info isn't readily available to the public.
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.
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.
Recently, I was approached by someone asking me about a situation that occurs all too often. Her grandmother's estate had been bled dry by someone who was supposed to be taking care of her. My friend wanted to know what the legal rights and responsibilities of the parties were in this situation and what could be done about it.
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.
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.
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.
It is not uncommon, particularly around the holidays, for children to visit family members in other states. Sometimes this means taking a flight. But, for many families, it is just not financially feasible for a parent to accompany the child on the flight. So, what are the laws and rules regarding when children can fly alone?
It is a nightmare scenario that occurs all too often: after a breakup or divorce, your ex picks up your kids when they are not supposed to or disappears with them after a visitation. Sometimes this is done to hurt the other parent, sometimes it is done out of a sincere desire to spend time with the child(ren). Whatever the case, the effect is the same: terror, confusion, concern, and often a nagging question about what one should do. So, what do you do when your ex kidnaps your kids?
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.
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.
Issues to review when contemplating a dissolution of marriage.
Important Differences Between Enforcement of Spousal Support Orders and Enforcement of Civil Judgments in California
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.
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.