Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law.
September 23, 2012 By Law Practice of Voltaire T. Duano
Declaration of nullity of marriage in the Philippines on the ground of psychological incapacity a liberal type of divorce? Key Points To Know About Psychological Incapacity as a Ground to Declare a Marriage Void - The Basic Law - The applicable provision can be found in Article 36 of the Family Code, providing as follows:
September 20, 2012 By Benari Law Group
More lawsuits have been filed in Philadelphia by individuals who allege that they were abused by Catholic priests as children. Pennsylvania takes “corruption of a minor” charges very seriously. “These things do not define me but they have left me as damaged goods,” said one man who was abused by Roman Catholic priests as a boy.
September 20, 2012 By Jaburg Wilk
A short window exists for a special needs child who is near age 18 to qualify for SSI by meeting the definition of disability. There is a distinction between SSI and DAC benefits. It is important to consult with an attorney who has expertise in both public benefits and special needs planning as both benefit rates and qualifications can and do change.
September 19, 2012 By Wallin Law Firm
Anyone who has been divorced will tell you that asset division is one of the most stressful and emotionally charged aspects of the divorce process. During asset division, spouses must agree on how to divide their property, debts, and monetary assets. Spouses frequently experience distrust and suspicion during this process, and this is because one spouse sometimes tries to hide assets from the other.
September 18, 2012 By The Law Office of Francesca S. Blanco
Payments can be made to a spouse deemed as dependent if the court finds that they are financially reliant on their other spouse. Alimony can come with other names. It is known as spousal support or maintenance depending on the state. Regardless of what it is called, it seeks to gain the same goal: provide a dependent spouse with financial compensation.
September 18, 2012 By The Law Offices of Ira S. Newman
Introduction Beyond the considerable emotional pain, the end of a marriage is legally complex. This pamphlet reviews alternatives to divorce and failing these, the procedures for obtaining a divorce. Consult a lawyer if your marriage is ending. You will need sound professional advice to determine child custody, financial support, and make a fair division of the property of the marriage.
September 18, 2012 By Robert J. Kulas, P.A.
As life spans continue to increase and more people are living in extended family environments,many are having to deal with financial issues that affect their elderly parents. In many situations these financial topics can be a taboo subject in the family, especially when the elderly parents have a lot of pride and are reluctant to speak about financial difficulties.
September 17, 2012 By McKinley Irvin
You may not be inclined to take relationship advice from celebrities – but they sure do know a lot about divorce. Tom Cruise and Katie Holmes’ divorce in 2012 has shown us that celebrities handle divorce in different ways, and each high–profile couple can teach us something about the best (and worst) practices of divorce proceedings.
September 17, 2012 By McKinley Irvin
The prospect of a divorce can be particularly stressful for the spouse who has been out of the workplace for some time. While it may have made sense for one of the spouses to stay home during the marriage, once the parties begin to live separately it may simply be unrealistic for the stay–at–home spouse not to return to work after a divorce.
September 15, 2012 By Stefan Graebner, Attorney
The German system of family reunification in visa cases is very strict. The spouses should be prepared carefully by their attorney before they apply for a visa to Germany. In the following I explain the relevant fact pattern of German visa cases.
September 12, 2012 By John R. Vermillion & Associates, LLC
Adding to the increasing mountain of evidence which shows that remaining socially connected and interacting with others is key to maintaining your health as you get older researchers in California have recently revealed the results of a study which showed that seniors who feel lonely are at a significantly higher risk of dying than those who do not.
September 7, 2012 By Stefan Graebner, Attorney
Limitation of language requirement for familiy reunification with Germans. The Federal Administrative Court in Leipzig has decided that the statutory requirement to demonstrate knowledge of German in case of a family reunification with the foreign spouse to a German citizen is only valid restricted.
September 7, 2012 By Stefan Graebner, Attorney
Germany implements EU Directive “Blue Card” for high skilled employees (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:en:PDF ) on August 1st 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the European Union (EU).
September 1, 2012 By John Rogers Burk, A Law Corporation
While much effort has gone into bringing public awareness to the prevalence of child abuse over the last few decades, the frequency with which the elderly are also abused is just beginning to come to light. In many ways the elderly can be considered as vulnerable as a child, making them an easy target. The elderly are often victims of physical or emotional abuse; however, unlike children, the elderly are also prime targets for another type of abuse – financial abuse.
August 31, 2012 By Purcell & Amen, L.L.C.
In some sense, most of us feel emotionally or culturally responsible for taking care of our aging parents in both a physical and financial sense however, did you know that you may be legally responsible for their care as well? If you did not know that then you are not alone—most people are not aware that they may have a legal responsibility to provide financial care to a parent. This legal obligation stems from state filial responsibility laws.
August 24, 2012 By The Dorsey Law Firm
It has become rather common for a couple to have a prenuptial agreement before a marriage. Many people are getting married at a much older age and with a 50% success rate of marriages it is important to have a backup plan should the marriage not play out as expected.
August 20, 2012 By Michael Chambers & Co. LLC
One in five marriages in Cyprus will end in divorce. Family law provisions on the island are complicated by changes in the law made in 2003 which means that different laws will apply to those who were married before 2003 and those who were married after 2003. The newer Marriage Law 2003 will deal with divorces of marriage celebrated after 2003 whereas marriages that took place before 2003 are dealt with under the provisions of the Family Courts Law.
August 17, 2012 By Lynn Poster-Zimmerman, P.C.
When choosing to file for divorce, many couples do not consider the ramifications it will have both financially and emotionally. It may seem like it should be a fairly simple process, but it can often be complicated, messy and time consuming. There are certain tips to consider prior to pursuing any form of separation.
August 16, 2012 By The Law Office of John Heilbrun
If your spouse tells you he or she wants a divorce, regardless of the reason, there are some common sense steps to take to protect yourself and your rights at the beginning of the process. Unfortunately, divorce is a reality even for couples that “everyone thought would make it.” Sometimes, couples may try counseling, spiritual help, and even temporarily separate to try to find a way to stay together.
August 16, 2012 By Lisa Marie Vari & Associates, P.C.
Divorce is a painful decision that one has to make in life. However, along with legally ending relationship there are many things to decide at the time of divorce. A competent lawyer can manage all these legal formalities excellently. Divorce can be one of the difficult situations that an individual has to encounter in life. Along with that couples have to deal with complex legal issues while undergoing divorce.
August 14, 2012 By The Law Offices of Andrew Farley, LLC
There are three ways in which someone can establish paternity, or legal fatherhood, in South Carolina; and there are numerous reasons why fathers or mothers may seek this legal action for their family. Establishing paternity is a financially responsible decision, and it can also establish parental rights and bring children a sense of identity.
August 14, 2012 By Cundy & Paul, LLC
If you have been served with an Order for Protection: If you have been served with an Order for Protection, it is important that you consult with an attorney immediately to discuss your rights, as in most cases you only have five days to request a hearing after you are served with an Order for Protection.
August 12, 2012 By Garrett Law Group, PLC
In Virginia Beach child custody cases, judges often appoint a Guardian ad Litem (GAL) for the children. Most family court judges do not favor having children testify in court during a child custody hearing. Custody cases are stressful and emotional matters for the parents involved, and even more so for the children. A Guardian ad Litem (GAL) is an experienced family law attorney who is appointed by the court to represent the interest of the children in a contested child custody case.
August 7, 2012 By The Law Offices of Marc E. Mitzner
The specifics of divorce cases and all of the related issues change depending on what state you live in. For this reason, it is best to be informed regarding the law and requirements of your state before beginning the process of ending a marriage or domestic partnership.
August 3, 2012 By Lynn Poster-Zimmerman, P.C.
The social media sites Facebook is being blamed for causing an increase in divorce in the United States. With the increase in social media involvement around the world, it has also caused an increase in couples filing for divorce. In recent years, Facebook has been mentioned as a cause of divorce cases all over the United States.
August 1, 2012 By Parman and Easterday
As you live in your home over the years, you can become attached because so many memories seem to be ingrained into the very structure itself. You also may feel totally comfortable and have everything arranged according to your tastes. That idea resonates with people of all ages.
July 31, 2012 By Law Offices of Dan Kirby
When a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.
July 31, 2012 By Randolph Wolf, Esq
What follows is a brief overview of the juvenile justice system in New Jersey. The juvenile court system in New Jersey is very different from the adult court system. In juvenile court, the defendant (a juvenile under the age of 18) has had a formal complaint signed against him or her and is being charged with "delinquency."
July 30, 2012 By Frank & Kraft, Attorneys at Law
The idea of being uprooted and moving into an assisted living community is not an especially pleasant one for many senior citizens. People become attached to their homes and this can be particularly true of elders who may have stored so many memories within these friendly confines.
July 27, 2012 By The Martin Law Firm, P.C.
The billionaire owners of the Philadelphia Eagles have announced their decision to file for divorce in PA after 20 years of marriage. The owners of the Philadelphia Eagles, Jeffrey and Christina Lurie, have announced their decision to divorce, ending their marriage of 20 years.
July 24, 2012 By Garrett Law Group, PLC
Military divorces are subject to both state and federal regulations for retirement distribution. In Hampton Roads, VA the military divorce lawyers at Garrett Law Group are available to answer your questions. Due to the extensive military presence in Hampton Roads, it is no surprise that many divorces filed in Virginia Beach are filed by military members or military spouses.
July 24, 2012 By The Law Office of David Centeno, PC
New York was the last State in the Nation to adopt no-fault divorce. Learn how no-fault divorce makes it easier for you to get the divorce you deserve. On October 11, 2010 New York divorce law finally joined the rest of the United States when it began to allow no fault divorce. A no fault divorce simply means that you no longer have to prove that your spouse is at fault for the court to permit you to get divorced.
July 23, 2012 By Law Office of Bonnie Lawston
Alzheimer’s disease is a growing problem today that burdens loved ones and their families. The U.S. government website, alzheimers.gov reports that over five million people in the United States have Alzheimer’s. Alzheimer’s is most prevalent among the elderly, but is not a normal part of aging.
July 23, 2012 By Law Office of Bonnie Lawston
When your loved one begins to show signs of Alzheimer’s disease or dementia, your focus tends to be on medical issues—the kinds of treatment that may be available, the effectiveness of different medications. However, there are steps that you need to take as soon as possible to protect your rights and the rights of your loved one. The Alzheimer’s Organization identifies specific issues that you want to address after a diagnosis of Alzheimer’s or dementia.
July 20, 2012 By Augulis Law Firm
If you were to be among the many who are going to require living assistance when you reach an advanced age you have some decisions to make. A lot of people will decide to reside in an assisted living community. Depending on your physical condition, your financial capabilities, and your personal preferences this may indeed be the best choice for you.
July 20, 2012 By Pyke & Associates, P.C.
If you are one of the millions of Americans who has an elderly family member in the care of someone outside the family you likely worry about the quality of their care on a regular basis. Although accurate statistics are difficult to come by because experts believe that a significant percentage of actual abuse and neglect of the elderly goes unreported, estimates are that over two million elderly Americans are abused or neglected every year by caregivers.
July 19, 2012 By Parman and Easterday
There are things that can be done to protect your assets during the latter stages of your life from a legal perspective, and you should discuss your options with a good Oklahoma City elder law attorney. At the same time, each individual must take personal responsibility to protect your assets and yourself. Awareness is key, and one growing problem that seniors must protect themselves against is elder financial abuse.
July 19, 2012 By Law Office of Michael Robinson, P.C.
For elderly Americans, depression often goes undiagnosed and untreated because many people do not recognize the symptoms. Elderly people are prone to develop depression for a variety of reasons. Anything from chronic back pain to the loss of independence caused by medical conditions can lead to depression or make depression more serious.
July 19, 2012 By Law Office of Michael Robinson, P.C.
With many baby boomers reaching retirement age every day, proper financial planning is becoming increasingly more important. But for many boomers, proper financial planning may involve being able to cover the expenses of an elderly parent. Though many people do not realize it, about 30 states have filial responsibility laws. These laws require the adult children of indigent elderly parents to pay for their care if the parents cannot.
July 18, 2012 By Law Office of Roy W. Litherland
Many people are surprised to hear that Medicare will not pay for residence in an assisted living community or a nursing home. This is a pretty bad news because simply writing a check would be painful at best, and impossible at worst.
July 18, 2012 By McIlveen Family Law Firm
Each county in the state of North Carolina has a Child Support Enforcement office or CSE that is tasked with enforcing child support orders. The Division of Social Services of the Department of Health and Human Services also has the authority to enforce child support orders throughout NC.
July 18, 2012 By McIlveen Family Law Firm
Child custody laws vary from state to state. In North Carolina, any relative of a child may file a suit asking for custody. The only exception is a biological father who became a father because of raping the mother. Sometimes, families can work together to decide custody arrangements without the help of the court.
July 17, 2012 By Ankin Law Office, LLC
Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction.
July 16, 2012 By Myburgh Law, P.C.
Divorce can be a very messy business and difficult to go through for all parties involved. However, it becomes far more grim ordeal when hidden assets come into play. One or both parties may charge the other with hiding assets, either through there being significant worth in the marital estate that the other has taken or through there being a significant amount of money made by both spouses during the course of the marriage that does not reflect the value of the estate.
July 13, 2012 By Purcell & Amen, L.L.C.
For many senior citizens, the cost of medical care and services is a big concern. Often, healthcare plans that were in effect while working are no longer available or are financially out of reach. Many elderly Americans turn to the Medicaid program for assistance. Qualifying for the program can be difficult for an individual who has even minimum assets.
July 12, 2012 By Frank & Kraft, Attorneys at Law
Some people have no shame, and this is evident when you look into the statistics regarding elder financial abuse. This has become a big problem in the United States today and it is an issue that is a source of concern within the elder law community.
July 12, 2012 By Parman and Easterday
Keeping your fingers crossed while hoping for the best is no substitute for intelligent planning when you are considering the eventualities of aging. As the Baby Boomers reach retirement age, studies show that a high percentage of them are unprepared.
July 11, 2012 By John R. Vermillion & Associates, LLC
The idea of having to move into an assisted living community or nursing home environment is not appealing to a great many people. However, it’s estimated that about 43% of everyone age 65 and over will use a nursing home at some point in their lives. Paying for nursing home care is often very difficult, and these expenses are not covered under Medicare.
July 10, 2012 By Family Law Center
Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.
July 10, 2012 By Family Law Center
Child support is a monthly payment to cover the day-to-day expenses of child/children. Both parents are financially responsible for their children, and the court may order either or both of the parents to pay Child support, based upon each parents’ income, and the percentage of time each parent spends with the children.
July 10, 2012 By Hofheimer/Ferrebee, P.C.
Divorce affects your career in many ways. If you're getting a divorce in Virginia, you should be prepared legally, emotionally, and professionally. When you're getting a divorce in Virginia, you may have questions regarding if and when to tell your boss the news. The timing and method you choose may have an impact on the degree to which divorce affects your career.
July 10, 2012 By The Dorsey Law Firm
It isn't unreasonable for divorcing couples to worry if they can survive financially after they divorce. One big thing is; many people are scared by the idea that they will find themselves paying mortgages and marital debts by themselves. But, following some easy measures provided by the law may ensure fairness in debt division and also property allocation.
July 9, 2012 By Pozo Goldstein, LLP
The issue of same-sex marriage in the context of immigration law has recently come to the forefront of political attention. As the law stands, an illegal immigrant who enters into a state-recognized same-sex marriage is not afforded the immigration rights that are given to an immigrant in a heterosexual marriage.
July 8, 2012 By Beall & Thies LLC
The need for hiring a lawyer is rising these days, given that different circumstances that surface. Given the massive choices available on the net and in local markets, persons have to develop advance decision making skills to ascertain choice of the right lawyer.
July 5, 2012 By DeTreville Law & Mediation, LLC
We would, and regularly have, given the same advice to our clients, almost verbatim. Faithful application of these rules will reduce the cost of your divorce by 50%. Full credit for this content belongs to its original author, John E. Harding, and may be viewed by way of the following link: John E. Harding, Divorce Recovery 101.
July 3, 2012 By The Margolis Legal Group, Inc
Recent sexual abuse and assault charges against 55-year-old Pesure Alshahapy of Tucker, Georgia, could cost the man his livelihood and land him in jail, according to Atlanta criminal defense attorneys. Alshahapy, an Atlanta taxi driver working for Rapid Taxi, has been charged with sexually assaulting one of his passengers, a 16-year-old girl. Alshahappy has been jailed without bond since June 14th.
July 2, 2012 By Aitken Robertson Professional Corporation
The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003. Its predecessor was the Young Offenders Act (YOA) which came into force in 1984, and before that we had the Juvenile Delinquents Act (JDA) of 1908. The YCJA is longer and more complex than what came before, and is meant to address the problems found in the previous regimes......
July 1, 2012 By The Banieh Law Frm PLLC
Even though being on social media networking sites is fun, you should know that whatever you post on your Facebook account remains in public domain. Interestingly, your Facebook comments can cripple your divorce case. A lot of divorcing couples in Texas and other parts of the U.S are experiencing problems dealing with their divorce cases due to what they post on their Facebook accounts.
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court’s discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this particular area of law, the Court is awarded a great deal of discretion, but it is important that their decisions remain consistent. Normally in child custody cases, the Court’s consistently award custodianship to the parent that will best serve the child’s needs.
The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and children believed to be in danger.
The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection of its inhabitants.
In this day and age, with easy access to travel, parental child abduction has become increasingly widespread. Parents forum shop for the perfect place in order to the keep their child. The United Arab Emirates happens to be one of those places.
June 29, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
Several states across the country are moving to tighten the laws on choking and strangulation by making it a felony charge. Several states across the country are moving to tighten the laws on strangling. A much debated topic, choking and strangulation is one of the top domestic abuse crimes, but is not considered a felony by many states.
June 28, 2012 By Denmon & Denmon Trial Lawyers
In the state of Florida, divorce is more officially known as “dissolution of marriage”. Either spouse can file for divorce, as long as specific requirements are met. Below are some frequently asked questions about the divorce process in Florida.
June 28, 2012 By The Dorsey Law Firm
When you consider the fact that Jacksonville, Florida has multiple military bases including the Naval Submarine base, King's Bay, that puts Jacksonville third in the nation in having the largest military presence. Because of this huge military presence, many Jacksonville residents must understand how military duty sometimes affects family law issues one of which is the impact that military service has on child custody.
June 28, 2012 By Deborah Sexton Law Office, PA
While many Americans have been hit hard by the recession, baby boomers and elderly Americans are increasingly more in debt than they have been for decades. A report from the Employee Benefit Research Institute shows that 81.7 percent of Americans aged 55 to 64 have both household and consumer debt. This represents an increase of almost 10 percent between 1992 and 2007.
June 28, 2012 By Denmon & Denmon Trial Lawyers
Military officers and service members may face family law matters, just like their civilian counterparts. However, there are also other complex issues that a military member facing a divorce must deal with, such as pension, child relocation, retirement and the like.
June 27, 2012 By German Law Group
Estate plans do not come in a one-size-fits-all product, and all estate plans need to be changed whenever certain life events arise. Divorcing or legally separating from your spouse is one of these events. If you believe you may be getting a divorce or separation, you need to speak to your estate planning lawyer so you can make the necessary changes.
June 27, 2012 By Divins & Divins PC
Just what is the distinction concerning a lawful separation and a divorce? Which generally is better? Which probably must I pursue? These are widespread questions newly asked during the last few weeks. Domestic Relations Law (“DRL”) Article 11 methods for judicial separation of the couple without the need of dissolution of their partnerships. Given that the passing of “no fault” divorces, the use of legal separations has been declining rapidly.
June 27, 2012 By Myburgh Law, P.C.
The decision that a marriage isn’t working and that it’s time to part ways is only one thing you need to consider when contemplating this major life change. While you may no longer want to be Mr. and Mrs., you may find that separating is not all that easy once you do the math.
June 27, 2012 By Augulis Law Firm
When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.
June 27, 2012 By John R. Vermillion & Associates, LLC
In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent is not able to. Thirty states have what are called filial responsibility laws. These laws require the children to pay for their parent's nursing home expenses. Though they have rarely been enforced, they apply if an elderly parent is considered indigent and the adult children are able to pay.
June 26, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
Children and teens convicted of crimes face the prospect of being unfairly labeled as an offender during a time period when many experts believe their brains – and their resulting actions – are still developing. People love to classify and apply labels. It’s a natural human tendency.
June 26, 2012 By The Massachusetts Family Law Group
Divorce is a difficult time in anyone's life, and is a route that is only taken after much thought and deliberation. Although many attempt to prepare for the consequences of a split, some of the financial implications are often overlooked.
June 22, 2012 By The Law Offices of James A. Miller
If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting on Social Security retirement benefits to fund at least a portion of your golden years.
June 22, 2012 By The Law Offices of James A. Miller
If you have recently lost a parent, you are undoubtedly going through the grieving process that follows such a deep loss. The loss of a parent is never easy. If you are also concerned that something is not right about her Last Will and Testament, your grief is likely also joined by worry.
June 22, 2012 By The Dorsey Law Firm
We all get frustrated with people when we are driving down the road and they are not paying attention and just blabbing away on their cell phones, or when someone rudely answers their phone in a quiet movie theater and begins to have a conversation. Unfortunately, the majority of the population now has access to a cell phone.
June 21, 2012 By Robert J. Kulas, P.A.
Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are responsible for supervising the estate administration process, even though they also do a lot more. Though each state court has different responsibilities, let’s take a look at some of the more common matters that probate courts handle.
June 13, 2012 By Robert J. Kulas, P.A.
Married couples planning on divorcing sometimes under estimate the extent to which the divorce will impact their estate plans. Not only will you have to change key documents such as your will and your advance directive, but you may also have to create additional estate planning tools to protect your property and ensure the divorce will not cause problems with your estate plan later.
June 12, 2012 By Byrd Garrett PLLC
In some situations, a married couple may decide to separate legally, instead of divorcing. While a legal separation contains very similar provisions to a divorce there are certain estate planning concerns that legally separated couples have that a divorced couple does not. It's important to speak to your estate planning attorney if you plan on getting a legal separation.
June 11, 2012 By Stanchieri Family Law
Pursuant to s. 19(1) of the Ontario Family Law Act both spouses (married not common law spouses) have an equal right to possession of the matrimonial home. That is, both spouses of equal right to reside in, use and enjoy the matrimonial home post-separation regardless of whether title to the home is joint or in one spouse’s name solely.
June 7, 2012 By Jones Law Firm P.C.
Many people are unsure of the difference between a legal separation and a divorce. In this article, the benefits and the differences of both will be investigated. In many states, a legal separation can be granted to a couple if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.”
June 7, 2012 By Deborah Sexton Law Office, PA
One out of every five adults, or about 50 million Americans, have been diagnosed with some form of arthritis. Though many of these people are elderly, about half of all arthritis sufferers are under the age of 65. If you begin noticing any of the typical warning signs associated with arthritis, you should speak to your doctor so you can start a treatment regimen. Early detection is always better than catching it too late.
May 31, 2012 By Law Office of Michael Robinson, P.C.
An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly believed that arthritis only affects the elderly, about half of all arthritis sufferers are under the age of 65. Early arthritis warning signs are often key in developing appropriate preventative measures, so if you notice any of these arthritis red flags you should speak to your doctor as soon as possible.
May 31, 2012 By The Karenko Law Firm P.A.
Florida is one of the few states in the nation that allows for permanent alimony and current laws do not limit on the amount of alimony that a judge can award a person. There is also no legal formula for alimony and no steadfast rules regarding the duration of alimony payments either. This has caused a certain level of unpredictability and inconsistency in alimony rulings in Florida from case to case, even though case facts may be similar.
May 31, 2012 By Brian D. Perskin & Associates, PC
Show about Divorce Hotel May Not be Realistic - By now, you may have heard about the Divorce Hotel in the Netherlands. This is a hotel that allows couples to get most of the details of their divorce worked out in a weekend. There is even talk of a reality television show that would follow this new idea. While the show is an interesting thought, and would likely be watched by many, there are some issues with it that may stand in the way of letting it become a reality.
May 31, 2012 By Esther Wang - The Elderly and Disability Law Firm
There are some tax increases on the way at the end of this year and a lot of people may not be aware of them. Given the implications of these pending tax hikes cut it is absolutely necessary to sit down and discuss your situation with a licensed and experienced San Bernardino estate planning lawyer because there is a lot of money in the balance.
May 29, 2012 By Eiges & Eiges PC
Are you having difficulty making your child support payments? Or are you not receiving enough in child support? There are options available to help you in your current situation. If you have been through a divorce then you may have gone through the difficult process of determining child custody and visitation rights. If you have not been granted custody then you were probably granted some rights to visitation.
May 28, 2012 By German Law Group
Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce memory loss and a general cognitive impairment. Here are three common warning signs that Alzheimer's patients typically show. If you notice any of these in yourself or in a family member or loved one, you should consult a physician as soon as possible.
May 25, 2012 By Deborah Sexton Law Office, PA
It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for your children is probably the most important part of your estate plan. People that are divorced naturally assume that the other parent will automatically get custody of the children if something should happen to them. This is true in most cases, but there are some situations to where it would be helpful if you have named a guardian for your children.
May 24, 2012 By Law Office of Jason Ostendorf LLC
Maryland - May 18, 2012 - A new story recently emerged in the heated debate over gay marriage. Last week, Maryland's highest court held that courts in that state must apply divorce laws equally, and grant a divorce, for gay marriages that were legally formed in another state.
May 24, 2012 By Law Offices of Barry G. Doyle, P.C.
A jury has awarded $3.2 million dollars to the family of a man who died in hospice care after leaving a Rocky Ford, Colorado nursing home. The Pioneer Healthcare nursing home is challenging the verdict. At trial, an expert found that the deceased had acquired 16 separate infections during his stay at the nursing home, and over 30 injuries. The final cause of death was determined to be a stage-four bedsore as well as malnutrition and Parkinson’s disease.
For adults engaged in difficult divorce and custody battles, it can be all too easy to forget the significant, long-lasting impact that these types of proceedings can have on those most sensitive to the fallout, children. Unfortunately, the setup of the court system promotes a competitive approach to determining custody in that one party is the so-called winner (the “primary” custodian) and one party is the so-called loser (the “partial” custodian) in most cases. Children do not see it that way.
While preparing for your upcoming wedding, the last thing you want to think about is getting divorced. When you are about to get married, you think of your partner as your best friend, so you are much more likely to be amicable and fair than when you are about to get divorced, when you probably, albeit not always, think of your partner as your worst enemy. That being said, here are 5 things to consider when drafting a prenuptial agreement:
In most divorces, the marital residence is one of the most substantial assets in the entire marital estate, if not the most substantial asset. What makes real estate unique from other assets, such as bank accounts, retirement accounts, and other investments, is that it is an asset usually tied to a liability, such as a mortgage or a home equity line. Consequently, when parties are going through a divorce, one of the challenges is determining what happens to the marital residence.
For many divorcing couples, retirement accounts can represent much of the value of a marital estate. Retirement accounts come in various forms and include Individual Retirement Accounts (IRAs), Roth IRAs, SEP IRAs, 401(k) plans, 403(b) plans, defined benefit pension plans, etc. Division of these various retirement accounts is a common concern for those separating or going through a divorce. Below are 3 important issues that arise with respect to retirement assets:
Out of all the domestic issues that can arise, payment or receipt of child and/or spousal support is one of the most common. Both types of support are governed by the Pennsylvania Support Guidelines which establish a rubric for calculating the amount of the obligation. While the guidelines are fairly straightforward, determining the payor’s support obligation can be challenging, depending on the particular circumstances. Below are some of the issues that can arise:
May 23, 2012 By Law Office of Michael Robinson, P.C.
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
May 23, 2012 By Law Office of Michael Robinson, P.C.
According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease. If you notice any of these symptoms, you should contact a doctor right away. Though many of these symptoms mimic age-related problems that almost all elderly people experience, Alzheimer’s disease symptoms are typically more significant than the common ailments associated with growing older.