Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
In divorce orders and separation agreements, there may be terms such as “merged,” “survived” or “incorporated” that individuals without a legal background may not understand. However, these terms have very specific meanings and can have a big impact on the divorce.
When a couple gets divorced later in life, this is dubbed a “gray divorce.” Older individuals often have different issues to deal with during the divorce process than individuals of other age brackets. These special considerations include:
When contemplating divorce, spouses may think about the family home, real estate, financial accounts and maybe even retirement accounts. However, one important asset that should also be considered is whether a family business may be subject to marital distribution.
Divorce mediation is an alternative to litigating issues. In some jurisdictions, mediation is required in all family law cases. However, mediation can also be proposed by one of the parties even absent the court’s order to participate in it.
What does “going to court” mean? That depends on whether you’re referring to the world of prime-time television (L.A. Law for my generation) or the real world of family law litigation. On prime-time television, it means filing an action and a short time later having a full hearing before a judge with everything wrapped up within an hour. The real world is much different.
When a spouse petitions for divorce, he or she usually has two options. He or she can either ask for a divorce based on no-fault grounds or he or she can file based on fault-grounds. The option he or she chooses depends on the state laws where he or she lives and the particular circumstances of the case.
A family law judge has a tremendous amount of power in divorce cases. He or she may make a variety of decisions that can impact spouses for years to come.
The non earner spouse can withdraw funds from joint accounts prior to the time one of the parties files for dissolution. Once a petition for dissolution has been filed, automatic temporary restraining orders (ATRO's) go into effect. These orders forbid either party from dispating a community asset, absent a court order.
By CoilLaw, LLC
Making the decision to file for divorce is not always easy because there are a lot of things to take into consideration, personally, financially, and legally. If you make the decision to seek a divorce, it is important to remember that in dealing with a divorce in Salt Lake City, there are some legal requirements that have to be taken, some of which are discussed below.
When individuals think about child support, they usually think about fathers supporting their children while the mother maintains primary custody. However, there are instances when fathers are entitled to child support.
When a person receives an order in a divorce case, this order is backed up by the power of the court. If a spouse refuses to comply with the instructions included in the court order, there are usually ways to compel the spouse to follow the judge’s instructions.
This decade people are actively traveling around the world, not only for tourism but also for work, choice the place of residence, and because of that an international marriage is common. In this article we will consider the case when one of the spouses is a citizen of Ukraine, and the couple decided to take up permanent residence in Ukraine.Registered overseas marriage should be legalized in Ukraine if a couple wants to have rights and guarantees established by laws of Ukraine for the couple.
A recent Westmoreland County ruling could affect the way Pennsylvania courts handle visitation and custody rights of grandparents.
By CoilLaw, LLC
If divorcing couples are unable to agree on the distribution of their marital possessions, the court steps in and divides the property for them.
Child support in Texas is calculated based on pre-existing guidelines that take into consideration a number of factors to arrive at a fair child support amount. One factor used to determine the amount of child support is your income level. Several different types of income are used to calculate child support in Texas.
Sometimes divorce is finally filed after years of separation and is well anticipated. In other cases, it comes as a complete surprise to the person receiving paperwork. After receiving divorce papers, individuals must take immediate action to protect their legal rights and future.
While the United States recognizes the need for both parents to provide support to their children, other countries may not honor the child support orders that originate from the United States. Having a spouse who lives outside the country can make it more difficult to collect child support, there may be options available to the custodial parent.
A woman felt her Mom’s power of attorney was doing such a terrible job that her Mom’s health was at risk. But that’s the middle of the story. Let’s start at the beginning.
When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult children are faced with choices concerning the care of their elderly parents. Some will elect to live with their parents and provide personal care.
In Florida, assault occurs when an individual intentionally threatens another person with violence, placing the victim in fear of an imminent attack. A person commits battery when they actually commit the violent act. Florida's domestic violence statute incorporates both assault and battery, along with other offenses, such as stalking, kidnapping, and false imprisonment.
By now most New Jersey residents are aware of the 2014 amendments to the NJ alimony statute, N.J.S.A. 2A:34-23.
We’ve watched the scene unfold on television before, a couple discusses their pending legal doom, things are bleak, then somehow they realize they can’t be forced to testify against one another, and suddenly, there is hope these troubles can be averted.
By CTM Avvocati
In the last decade Italy has increased by more than 35% the number of spouses or children arrived in our Country that use the institution of family reunification Visa. About 1% of it concerns people that have multiple wives. Can these people get an Italian Visa for family reasons?
State laws prevailing over same-sex divorces are deficient, which creates a significant disadvantage regarding child visitation rights for same-sex couples who had children before they were legally married.
This is a preview as to the basic requirements for the filing of an application for adoption under the Philippine Domestic Adoption Act of 1998.
When a person is adopted, the legal relationship between that individual and birth parents and other individuals is altered. In many states, adoption creates new lineage that basically substitutes a person’s natural family for his or her adoptive family. Questions regarding the rights of extended family members to children who were adopted out of the family often arise in the will and estate area of law.
While adoption can help place a child in a home with parents who want to care for the child, adoption does not always work out. The process is different to stop an adoption that has not yet gone through versus reversing one once it has been finalized. It also depends on the person who wishes to reverse the adoption.
When a couple decides to get divorced, they agree to sever their legal relationship with each other. However, both parties still have legal rights and responsibilities related to their children, whether they were born of the marriage or part of an adoption. In most situations, the fact that the children were adopted will not differ from whether the children were born of the marriage. However, there are some exceptions.
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
In many situations, the family home is the most valuable asset in a divorce. It is common for spouses not to agree on how to treat this asset that they both may have been paying for during a number of years. However, determining the equity of a home is a vital component to reaching a final divorce settlement.
Ukraine is very attractive in terms of finding women willing to provide the service of surrogate motherhood, as it has many positive aspects. Surrogate motherhood is a very profitable business in Ukraine. But this sphere of surrogacy is so attractive for fraudsters and unscrupulous persons. Why is that and how to escape of it?
Few people are prepared to relinquish any rights to their children as the result of a divorce. However, certain compromises need to be made with regards to whether joint custody is a possibility, or if sole custody with other parent visitation rights is the answer.
Sometimes, a situation may arise that calls for parents to modify a custody agreement. However, making modifications to your child custody agreement is not an easy task. If you are the parent seeking the change, you will have to provide the court with substantial proof to support your request. A child custody order is attested by the court, and therefore, isn't easy to change. In some circumstances, the court will consider a petition to modify the custody order.
The recent case of a three year old Broward County, Florida boy, has brought national attention to the flaws throughout the countries child protection services. In this tragic recent case, the body of a three year old child was found dead in the laundry room of his father’s house with his body covered in bruises and cuts, reflecting long term abuse of this child.
Maryland legalized same sex marriage by popular vote in 2012. The Supreme Court has this year acknowledged the validity of same sex marriage throughout the country. However, some of the doctrines surrounding divorce were traditionally applied to long standing heterosexual marriages and it is unclear how those doctrines will be applied to same sex marriages.
Family law cases can often be emotionally straining. Sometimes, one parent is given primary custody at the objection of the other parent. The non-custodial parent may attempt to become the primary custodian by removing the child from the state or country, making it more difficult for the other parent to find him or her and to enforce the order.
The only constant in life is change, and changes in life circumstances and the lives of your children may warrant a post-decree modification of divorce orders.
The two primary legal vehicles to bring a marriage to an end in Ohio are a “dissolution” and a “contested divorce.” The key difference between the two options lies in the resolution of all issues contained within the “Settlement Agreement.”
How is the marital interest in a spouse’s closely-held business or professional practice established and divided during the course of a divorce or dissolution in Ohio? How do you protect the ongoing operations of the business or the professional practice while ensuring that a spouse receives appropriate compensation for their marital interest in the company or practice?
Sometimes there is a need to travel with children abroad. Circumstances for such trips can be different: it is a vacation trip, or, in case of the existence of international marriage, it is the need to move a child to the parents and relatives in another country, etc. If you belong to these groups, you should pay attention to the novel in the legislation in order arrange the documents properly and not to waste time and nerves on the border control.
The number of signed marriage contracts is constantly increasing in Ukraine, what is more, it is growing in the segment of international couples when one spouse is a citizen of Ukraine and the other – a foreigner.
In Georgia, a judge can designate or parents can decide on which parent will have final decision making authority. This authority extends to certain important aspects of the child’s life.
We live in a culture where marriages are not always “till death do us part.” Although most engaged couples imagine that their marriage will be a lifetime of shared bliss and cooperation with finances, the truth is that approximately 20 percent of marriages end within five years and more than 30 percent end within 10 years. This is why it is important to consider all possibilities for the future before you get married
While parents are usually free to move around the country, into other territories owned by the United States and to other parts of the world, their ability to take their children with them may be inhibited. These rights may be restricted if the other parent or individual has a Florida court order pertaining to visitation or shared parenting time.
When people get divorced, they may wonder about getting a common law marriage. They may be confused about the differences between traditional marriages and common marriages, especially concerning licenses.
Child custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.
Most parents experiencing a divorce tell me that their primary concern is their children’s best interests. And most of the time I believe them.
Dagg v. Cameron  is one of those cases that law school professors use to challenge the way you think.
Mediation is a form of alternative dispute resolution, that is, a mechanism for resolving matters outside of the courtroom. Mediation is becoming an increasingly popular form of resolution for divorce settlements, in particular because it involves settling differences between spouses in front of a private mediator, rather than the court system.
When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important considerations in this assessment.
If two spouses are no longer living together, it can be difficult to determine who retains liability of the debt. Which spouse is responsible for the debt depends on a number of factors, namely the state laws where the spouses live and whether there are any agreements pertaining to debts accumulated during the marriage.
The most valuable asset in many divorce cases is the marital home. The disposition of this asset can have a significant impact on the financial health of the parties after divorce. Additionally, special considerations must be given to other pieces of real property that the couple owns. There are several options in determining how to deal with real estate in a divorce case. However, there are certain steps that must be taken before considering what is the best solution.
The home that the family lived in during the marriage is often the most valuable asset that a couple owns. Therefore, this asset may receive much attention during the divorce proceedings. What happens to a house after divorce depends on state laws, circumstances involving the house and the parties’ actions.
Although couples do not enter a marriage with divorce in mind, a prenuptial agreement (prenups) can protect both parties and avoid a long, costly divorce process.
Many in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community celebrating a victory, not only for them, but for the Court’s interpretation of the constitutional rights of all Americans.
Like many issues involving family law, state law largely dictates spousal support matters. This includes whether or not to award spousal support and in what amount.
Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.
The Land Department of Thailand has special regulations that apply to the situation where a Thai national married to a foreigner wishes to purchase land.
Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.
Family courts around the country recognize that spouses own some property that is separate from what they accumulated as a marital couple. Those assets that comprise the marital estate are subject to division at the time of divorce while separate property is generally excluded from a divorce award.
State laws determine how and when a person can be ordered to pay child support. Additionally, these laws dictate the window in which a person can collect arrearages.
The Supreme Court has acknowledged the validity of same sex marriage throughout the country. Of course, after parties get married, some of those parties decide to divorce. However, not all divorces are treated equally, because some of the doctrines surrounding divorce have traditionally been applied only to long standing heterosexual marriages.
Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”). The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?
Many family offices (FO) started their business as so called single family offices, where the family owns the FO and serves only the owner family. Instead of covering the entire operative costs, many owners of single FO decided to offer its services to other families as well. This concept is called multi-family office (MFO) or multi-client family office. Only a few MFO have founded their business independently, without a large family backing it.
The advantages of having a prenuptial agreement in the Kenyan context.
According to Section 1548 of the Thai Civil and Commercial Code, a father of a child born out-of-wedlock must make an official application in order to become the legitimate father of the child.
In addition to remedies that are available at the state level, such as garnishment of wages and state tax offset programs, the Deadbeat Parents Punishment Act creates a federal criminal cause of action for parents who refuse to make court-ordered child support payments.
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.
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.
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.
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.
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.
Mediation is negotiating with the assistance of a neutral third party (the mediator) who facilitates the negotiation process.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.