Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
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.
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.
it is vital that any attorney drafting a prenuptial agreement know about unlawful provisions. Otherwise, a client may later be unhappy if provisions of a premarital agreement, or an entire premarital agreement, is later deemed to be invalid because of the inclusion of unlawful provisions. In addition to the information provided in this article regarding unlawful provisions, any attorney should be careful that they are complying with the laws in their specific jurisdiction.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
There are thousands of people who would love the opportunity to have a child of their own but, for whatever reason, are not able to do so. Many of these parents turn to adoption, but some would still like to have a child that is biologically their own. For these parents, surrogacy can sometimes be an option. But what are the laws related to surrogacy? How does the process work? What does one need to think about when considering using a surrogate?
Battery domestic violence is a misdemeanor case in Las Vegas Nevada. But a domestic battery by strangulation is taken more seriously and can result in a felony charge.
Seeking a protective order after an instance of family violence can be complex. A protective order can be used to help a victim of family violence feel safer by restricting his or her interactions with the alleged abuser. However, there are several elements that must be proven to ensure a court would approve a protective order.
Potentially Misleading Advertisement for Indexed Universal Life Policies by Insurance Marketing Organizations
Insurance marketing organizations may have been providing misleading Indexed Universal Life policy ads.
Family Limited Partnerships can present unique challenges in divorce litigation relative to the division of property and debt. It is vital to understand the key components, their structure and various valuation methods in order to effectively represent a client where a Family Limited Partnership is part of divorce proceedings.
Indexed Universal Life Insurance policies are unsuitable for most people. Read on to find out why.
Colorado child emancipation and disability cases can be complicated ones. This article addresses the basic issues with respect to state law.
12 tips to help prevent elder abuse and fraud.
Prospected high returns promoted by Indexed Universal Life policies (IULs) sales illustrations may not be that high in reality.
Child abuse and neglect are ugly realities. Turning a blind eye to the act can doom a child to serious injury, emotional trauma, or even death. Children are the victims least able to stand up for themselves since they depend entirely upon their parents for food, care, and legal status. So what do you do if you suspect child abuse or neglect? How can you report it and protect a child in danger?
It is an unfortunate reality of our modern age that there are times when a minor would be better off being able to conduct their own affairs free from the control of their parents. When this is the case, the minor is able, in some instances, to seek what is known as “Emancipation.”
In the world of investment, seniors and elders are prime targets for financial scams. To protect yourself, read on to learn about the different schemes.
Sellers of Indexed Universal Life policies have been projecting higher gains than what buyers may actually receive.
If you have been thinking of hiring a caregiver for yourself or someone you love, read the following tips before you make a decision.
All too often stories appear on the news of children in trouble with the law. Some bring guns or knives to school, others are shoplifting or stealing cars, and of course, there are always the ones who get into fights. Often, public outcry demands that something be done against the parents as well as the child. So, who is responsible when a child breaks the law?
Abuse comes in many forms - emotional, physical, verbal, sexual - and to anyone - young or elderly. Learn how to identify abuse and prevent it.
Learn what are the causes and reasons an elder or senior citizen may be transferred from an assisted living facility to a skilled nursing facility.
How a marital dissolution action can affect an family business in California.
Sometimes, after a divorce has been finalized and a court has issued its final judgment or decree declaring the marriage severed, one of the spouses finds that they need spousal support. Perhaps the divorce was entered into too hastily or while the spouse was under duress, perhaps the circumstances have changed for the spouse. Whatever the case, in some instances it is necessary to re-open the question of alimony after the divorce has been finalized.
Investment risk factors seniors, elders, and their friends and family should be aware of.
There are many fraud schemes used by sellers intent on defrauding seniors and elders of their hard-earned money. Learn what they are to protect yourself.
When accepting responsibility for the welfare of a child, there are many difficult questions to consider. But one that often confuses people is the difference between adoption and guardianship. Does one have to adopt a child in order to act like a parent and be responsible for the child, or is there a simpler way?
For years, gay and lesbian couples have fought for the right to have their relationships legally recognized like heterosexual couples. Unfortunately, as with most civil rights movements, the march towards equal rights for those of different sexual orientations has been a long and difficult one. Nevertheless, several states have recently taken to recognizing same-sex marriages over the last few years, opening the door to a new era of equality for these individuals.
Equity-Indexed annuities are a type of deferred annuity that bases its returns on a stock market index. However, insurance companies have the option of using one of three calculation methods to determine the returns, and each has its own pros and cons.
It is not a secret that an average childbearing age in the developed countries has significantly increased. Many people in developed countries live for a long time "for him(her)self" and start thinking about children only at the age of 40. And if such an age is not a problem for a man, a woman, even with modern medicine, may have some difficulties with the childbirth. In most cases the surrogacy is the only way.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
The question of which parent is more likely to get custody is an ever evolving one. Once, there was a policy of ensuring that the mother always received custody, called the “tender years” doctrine, which assumed that young children needed to be with their mothers in their early, developmental years. But more recently, courts and lawmakers have realized that the mother is not always in the best position to provide a safe and healthy environment for children.
Many people are confused by the process of determining child custody and visitation. It can be a stressful time, so confusion is only natural. But, many ask who gets to determine how much visitation a parent gets? Is it the court? The parent with custody? The parent seeking visitation? The child? A government agency?
Seniors and elders, are you aware that deferred variable annuities may not be beneficial? If not, read on to learn about the risks of buying annuities.