Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
Child abuse is never acceptable. Of course, what constitutes child support and what is discipline may sometimes be a gray zone. While the government stays out of our personal relationships in most instances, when it comes to child abuse and domestic violence there can be serious legal consequences. Thus, it is important to know what type of behavior is considered abusive and against the law, and the legal consequences those accused of abuse may face.
Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.
When a married couple has a child, most jurisdictions presume that the husband is the father of the child (even if he is not). When an unmarried couple has a child, on the other hand, it is usually necessary to establish paternity as soon as possible after the baby is born. This protects the mother, the baby, and the father, by establishing everyone's rights with regard to one another, such as visitation, support, and inheritance.
Are you a New Jersey resident considering adoption? Or are you involved in a dispute trying to prevent someone else from adopting your child? In either case, it is important to understand the process of adoption and its legal ramifications.
California domestic violence law has changed a lot over the years. The author explains how things have changed as well as the influences that spurred changes.
The concept of grandparent visitation rights is a fairly new one. Historically, only parents could ask for visitation rights, but now states allow a variety of different family members to ask for visitation of related children. Below is a brief state-by-state summary of grandparent visitation rights as of the date of publication of this article. Should you have a question regarding visitation rights, you should contact a local family law attorney.
Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.
When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: “What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.
In New Jersey a spouse may obtain alimony from their former spouse. Alimony is designed to keep a spouse in a living condition comparable to that which they experienced while married.
Domestic violence is an unfortunate reality, and many are surprised to find just how prevalent it is.
The decision to end a marriage can be a very complicated one. Emotionally it may be painful, a relief, or a complicated mixture of both sensations. Practically, many things need to take place before the process can be finished and you can begin to move on with your life. So where do you start and who can you turn to for information? How do you know what steps are right for your situation? What other things do you need to consider that you may not even know about?
Underestimating or not accounting for all costs associated with raising children when itemizing expenses to help calculate child support is common. Don't overlook the details of your child's real financial needs. Our article helps list frequently missed costs that could be added as expenses in figuring child support amounts.
Colorado now has civil unions, and for virtually every purpose under state law, a couple in a civil union has the rights and benefits of a married couple.
Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.
Many types of adoption may be completed in the state of California, including private adoptions, agency adoptions, stepparent or foster parent adoptions, single parent adoptions, and grandparent adoptions.
People hire private detectives for a variety of reasons, but one of the most common is to uncover hidden assets. Private investigators don't become involved in all divorce cases. However, they can be very useful when the other party appears to be hiding assets or contesting child custody.
Knowing your rights as grandparents can be very helpful. Often times during a custody dispute over a child, grandparents are left clueless and unsure of if and how their relationships with their grandchild will be affected.
Parental alienation is an increasingly used tool in the war between divorced or divorcing parents. Depending on the expert, parental alienation syndrome, or PAS, is either made-up psychobabble or behavior by one parent that causes significant harm to children during child costody disputes. The reality, of course, is that it's a little of both.
If You Are a Foreigner and Marry a Chinese Citizen Then Things Do Not Go Well, How to Divorce Him/Her?
In recent years there are so many foreigners marry with Chinese citizens. For the reasons of culture shock, living habit, or personality clash, some couples' relationship go break, they have to divorce. For foreigners there are some specials rules to comply for, then a professional lawyer is suggested.
If a child of legal age lives in its grandmother’s house at no charge, this does not lead to a reduction in subsistence needs, according to the Hamm Higher Regional Court (OLG).
If the spouses have not signed a prenuptial agreement, they are considered to be living in a matrimonial property regime of joint ownership of accumulated assets as determined by statute.
Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"
By Galanter Law
When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of domestic violence of Florida is very expansive and includes many other types of criminal actions.
There are too many people that are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future, including the following:
These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
My husband got a job and makes more money. I make a lot less money now than when my divorce was final. My children live with a different parent now. Can we change the amount of child support? In the changing economy, these are very common questions. Fortunately, the answers are simple. The answer is yes, child support can be modified.
Going through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
Privacy and confidentiality are both huge concerns during the divorce process, so it's important to be proactive to protect your interests by speaking with a divorce attorney. In the meantime here are some helpful tips to help you out.
Social media users beware. What you post online can be used against you.
When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.
BGH: Exclusion of Equalisation of Accrued Gains and Severability Clause in a Prenuptial Agreement - Germany
The prenuptial exclusion of the equalization of accrued gains does not necessarily have to impact the validity of a prenuptial agreement.
It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.
Fathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
After banning Gay Marriage with a constitutional amendment in 2004, Georgia joined 15 other states in drafting bills to outlaw Gay Adoption in 2006 (USA Today). Luckily, it didn’t pass. However, nothing in Georgia Family Law explicitly says that you can adopt either.
A divorce is not only associated with private arguments, indeed it can also lead to legal disputes. A prenuptial agreement can potentially offer security.
A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.
Signing a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.
The number one misconception about prenuptial agreements is that they are only for the wealthy. In truth, anyone who has anything before tying the knot, or even plans to acquire anything, should consider a prenup. A prenup is a contract signed prior to marriage that determines how the couple's assets will be divided in the event of a divorce.
For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.
Arguably one of the largest concerns for families with children who are considering divorce is how child custody is determined in Arizona and other states. There are many who are under the false impression that custody is routinely granted to the mother or wealthy parent- but that is not the case.
If you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.
Many people wonder what can be the basis or grounds for a divorce in Texas. The Texas Divorce Lawyer is providing a series of articles on the 7 sins of the marriage, or in other words, the 7 grounds for divorce in Texas. The Texas Family code actually codifies and outlines the 7 grounds for divorce in Texas. There are 3 no-fault grounds for divorce and 4 fault based grounds.
If the custody arrangement that once fit your lifestyle no longer works, you can speak with a family lawyer about a modification. Keep reading to find out how.
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
Whether the parents of a child maintain a relationship or not, they are legally required to provide for their child. Child support is the financial obligation that a non-custodial parent has to his or her child's custodial parent, to be used solely for the care of the child. The non-custodial parent is required to make regular payments, regardless of where they live.
Although child support typically covers a child’s basic expenses, how the funds are going to be spent is decided upon by the custodial parent. He or she may set aside the received payments and spend them specifically for the child, or may choose to combine them with household funds to purchase grocery items for the family or to pay for utilities and rent.
Vacation homes often spell trouble in divorces because they are generally high-value properties. Failure to come to an out-of-court agreement on the vacation home can result in the court stepping in and making the decision for you.
Protective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
Child visitation and child custody exchanges are a vital part of maintaining and building relationships between a child and each of their parents, but they can be a major challenge for the parents. The swap occurs each time a chid goes from the physical custody of one parent to the other, and the exchanges often escalate to high-conflict situations.
This article is intended to analyze the conditions for enforcing of divorce between Bulgarian national and citizen of EU member state before the Bulgarian court
Alimony, or "spousal support" is often confused with child support. Although both forms of payment are the result of a divorce, the two concepts are very different from one another.
Any small business owner who is getting divorced will be both surprised and shocked to find out that up to half of your business will be awarded to your spouse. And, it matters little whether they have a titled interest or worked with the business.
A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.
In 2011, the U.S. Bureau of Labor Statistics procured information about eldercare providers in the United States, and produced the results in its 2011 American Time Use Survey (ATUS).
Breaching an intervention order? If you live in the state of Victoria (Australia), breaching a condition of an intervention order could land you in prison for more than a year. So, how do you fight the breaching intervention order charges in Court? Read on to know the possible defenses.
Bequeather’s Tax Obligations On The Year Of Death In Their Quality As Deductible Bequest Liabilities
In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.
The essential principle that passes like a golden thread in law, in judgments and in every occasion of child custody disputation, is the principle of "the good of the child". It is important to emphasize that it is not the good of the mother or the good of the father, these issues are irrelevant to the court in the matter of child custody. The court is only concerned with the good of the child.
Medicare, health insurance for elderly and disabled Americans, is a large system that can seem confusing. Here are some basics to help you understand all types of Medicare.
While in most western countries the authority to judge matters relating to separation and Divorce is in the hands of the Family Court, in Israel there are two parallel instances who are authorized to judge issues involving divorce between a Jewish couple;
Many people are of the opinion that the Rabbinical Court is a dull and drab institution where the people there are caught up in antiquated chauvinistic, anachronistic ways of thinking. I believe that most of the community has a mistaken conception about the way the Rabbinical Court is conducted and about its place in our society.
Upon the question, which inheritance law is to be applied, both the German and the international inheritance laws rely on the nationality of the deceased at the point of death.
A divorce can be relatively uncomplicated in an uncontested divorce, or it can drag out in a messy contested divorce, and some complex cases takes years to finally resolve.
If you are getting divorced and thinking of child custody related matters, you would need to hire a lawyer and learn more about the different options available to you.
At The End Of The Year, Bequest Promises Eexpire By Means Of Constraints Over The Inheritance Reform
Inheritance claims may end at the close of the year, as a result of legislation alternation in obedience with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.
Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?
Maryland’s vote for Question 6 confirms that public opinion in the state is currently trending toward expanding – rather than constricting – the definition of marriage in the early 21st century.
A study of Kyleigh's Law’s effectiveness at curbing teen driver crashes by the Children’s Hospital of Philadelphia (CHOP) recently revealed surprising results: the decals are working.
Elder law attorneys will educate their clients about the eventualities of aging. Along these lines you would do well to recognize the fact that a significant percentage of seniors will spend time in a nursing home.
Child/spousal maintenance and contact is one of the main issues in any divorce or separation. This article discusses some of the difficulties associated with it.
When you are planning for retirement you are invariably going to be looking forward to good times ahead.
Intestacy cases can often be governed by the German as well as the foreign succession laws, which can complicate the implementation of the inheritors’ rights and claims. Nowadays, succession cases with foreign elements have become more often. Various reasons can be cited in this concern: Germany for instance, is home for many intestates of foreign nationalities. Besides, the rate of German nationals owning properties in foreign countries is increasing.
At The End Of The Year, Bequest Promises Can Expire By Constraints Over The Inheritance Reform - Germany
Inheritance claims may end at the close of the year, as a result of legislation alternation in obedience with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.
If you’re thinking about getting a divorce, are in the process of getting a divorce, or are already divorced, then you should keep reading. A divorce can be a very emotional and stressful time; instead of thinking about how best to protect yourself and your assets, you may spend your time reminiscing over the love lost or fuming about the reasons prompting the divorce.
Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law. Overall, the rights cover the following categories: a) Exchange of rights between husband and wife; b) Husband’s rights on wife; and c) Wife right’s on husband.
Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. It is a criminal offence in the United Arab Emirates to have a sexual relationship outside marriage.
Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights.
Inheritances may possibly expire at the end of the year, because of a legislation alternation in compliance with the inheritance reform. The reform of 2010 changed the actual guidelines and may even display its effects for the first time this coming year. On the 10.09.2010 the new inheritance and also limits legislations grew to be useful.
Inheritance Claims Will Expire By Limitations Through The Inheritance Reform At The End Of the Year - Germany
The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year. Thus, inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. On 01.01.2010 the inheritance - and limitations law reform became effective.
Income Tax For The Death Year Of The Departed Is Deductible According To Federal Court Of Finance - Germany
The German Federal Court of finance takes the position that the abatement of taxes does not just include taxes from the time of death legally accrued, but also the tax obligations that the departed, as a tax payer, has declared through the realization of legal tax deduction claims that accrue at the end of the year of death.
Intestacy cases can often be governed by the German as well as the foreign succession laws which can complicate the implementation of the inheritors’ rights and claims. Nowadays, succession cases with foreign elements have become more often. Various reasons can be cited in this concern: Germany for instance, is home for many intestates of foreign nationalities.
Florida is an attractive option for people seeking an out of state divorce because they have no requirement for legal separation and is quite predictable for divorce outcomes. Even so, there are still limitations in the jurisdiction of Florida when it comes to entering all or part of a divorce for marriages, which happened outside its borders. Some of these limitations include:
In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.
Child support is based on the policy that parents are obligated to pay for the support of children, even when the children are not living with both biological parents. One parent will typically be awarded legal custody, with visitation rights awarded to the non-custodial parent, who remains obligated to pay a proportion of the costs involved in raising the children.
What about a couple who lives together as husband and wife, but does not have the marriage registration? What kind of property rights and obligations do they have without the marriage certificate? Article 21 of the Code defines marriage as a family union of a woman and a man, which is registered in the state Registry office.
It seems wrong to contemplate the ugliness of divorce, and often devastating consequences, during the honeymoon season. For that reason, many otherwise intelligent and rational couples ignore the risk of their split-up sometime in the future. Indeed, there are always significant, long-lasting consequences resulting from termination of marriage, including separation of joint property, custody and visitation rights, payments of alimony and child support, just to name a few.
It seems like only yesterday a child’s parents loved each other and lived together quite happily. Today they find themselves bitterly disappointed in their relationship and want to terminate their marriage. Cold, hard statistics show that Ukraine, unfortunately, is now passing through an avalanche of divorces, which arguably have the greatest impact on innocent children.
"In this world, nothing is certain but death and taxes," Benjamin Franklin once said. Setting aside the issue of mortality, we will focus on the question of inheritance – transfer of rights and duties of a late natural person (testator) to other persons or/and entities. Such transfer may be regulated by the testator in advance in the form of last will and testament; otherwise, it will be performed in accordance with the applicable inheritance law.
The international adoption process in Ukraine is quite a bit different from that of other countries. First, Ukrainian law does not allow pre-identification of children for international adoption. In other words, unlike other countries, you will not receive a child referral before traveling. Instead, you will be invited to travel to Ukraine after your dossier and paperwork have been received and processed. Once in Ukraine, you will be shown several children to choose which child to adopt.
"Paternity acknowledgement" is a voluntary process when an unwed father becomes legally recognized as the biological father for child support purposes. This acknowledgement does not establish a legal, court-recognized paternity, unless it is then taken to the Rayon level. Once the Rayon court recognizes the paternity, the father then has legal, enforceable visitation rights, and, of course, the financial support responsibilities as well.
The effects of a divorce can be long lasting and far-reaching. This is generally not the case with an annulment. An annulment does not include dividing up property and paying alimony because the marriage is treated as having never existed.
According to the Article 21 of the Code the marriage is the family union of a woman and a man registered in the state registry office. Procedurally, an application for marriage registration is submitted by a woman and a man personally to any civil registry office. If the couple can not submit the application personally for valid reasons, an application certified by a notary can be submitted by their legal representatives, whose authority must also be certified by a notary.
The main law of Ukraine which settles the property rights and duties of spouses is the Family Code of Ukraine, effective as of 1 January, 2004. The law stipulates the following to be "personal private property" of spouses:
Child kidnapping is a crime that happens with frightening regularity. And it often involves the parents. Sometimes a Ukrainian-born mother cannot adapt to her new life abroad and returns to the safety of her native Ukraine, taking along her child without the father's consent. Or a divorce has gone wrong, and the mother takes the child back to Ukraine despite a court order that allows the father visitation rights.