Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
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.
Federal Court Of Finance States That Income Tax For The Death Year Of The Passed Can Be Deductible - Germany
The verdict of the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) strongly portrayed the fact that the income tax debt for the death year of the departed is actually tax deductible. Consequently, going forward, the debts belonging to the deceased, consisting of church taxes as well as the solidarity surcharges, may be deducted prior to computation of the inheritance tax by the taxation office.
Inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. In the year 2010 an inheritance reform changed the limitation rules and could show its impact this year. The inheritance - and limitations law reform became effective on 01.01.2010.
Federal Court Of Finance Decides That Income Tax For The Year Of Death Of The Departed Is Deductible - Germany
The decision from the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the departed is tax deductible. Therefore, at some forward point, the debts from the deceased, along with church taxes plus the solidarity surcharges, are often deducted just before the taxation office is granted to calculate the inheritance tax.
Federal Court Of Finance Clarifies That Income Tax For The Year Of Passing Of The Departed Is Deductible
The decision of the German Federal Finance Court (BFH) dated 07/04/2012 (AZ: II R 15/11) evidently stipulated that the income tax debt for the entire 12 month period of the passed-on individual is tax deductible. Therefore, at some forward point, the debts from the deceased, together with church taxes, as well as, the solidarity surcharges, are often deducted just before the financial authorities are granted sum up the inheritance tax.
In the sphere of surrogacy, Ukrainian legislators have proven to be far more progressive than many of their European colleagues. Today, Ukraine is one of the very few surrogacy friendly countries in Europe. Unlike other nations that limit or even ban surrogacy, in Ukraine the intended parents of child are considered to be biological parents from the moment of conception, and they are specifically named as biological parents in the birth certificate without any mentioning of surrogate mother.
Whether you are legally separating or filing for divorce, it is extremely important that you don't allow your emotions to get the best of you, especially if child custody or property division is a part of your problem. First and foremost, you should consult a family law specialist.
Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging of the population there will be an added strain on the system. Exactly how to go about cutting costs is a matter of ongoing debate, but the Social Security Administration has been taking some steps that would seem to be quite logical to most people.
Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.
Germany - Income Tax For Year Of Death Of The Deceased Deductible According To Federal Court Of Finance
The verdict of the German Federal Finance Court (BFH) of the 04.07.2012 (AZ: II R 15/11) strongly portrayed the point in which the income tax debtfor the death year of the departed is actually tax deductible. Consequently, going forward, the debts belonging to the deceased, consisting of church taxes, as well as, the solidarity surcharges, can be subtracted before computation of the inheritance tax by the taxation office.
A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.
Relocation is an issue that is often addressed either in an initial custody action or after an initial custody order has been established. Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.
In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets, and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case. Let me give you some ideas about what different expense might seem appropriate and then I'll tell you why each of them is defective:
Adoption is a legal process whereby a person permanently assumes the parental rights and responsibilities for a child from his or her biological parents. Legal guardianship is a legal process whereby a person is appointed by court to take care of a child. The guardian has the parental rights and responsibilities but such rights and responsibilities the guardian has over the child are not permanent.
“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Article 1 Family Code of the Philippines.
Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or even that of an assisted living community. In fact, the average annual cost for a nursing home is running around $75,000 per person. Having insurance won’t be much of a help since most insurance plans do not cover the costs associated with a nursing home.
Seniors who don't have a lot of strong social connections may be putting their health at a significant risk. Researchers have long known that social isolation and feelings of loneliness can contribute to a decline in health in almost anyone, but elderly people are especially susceptible. Now, researchers at the University of California at San Francisco have released the results of a new study, which further demonstrates just how dangerous being alone as a senior can be.
The provisions of the new Child Custody Act applied in this instance. E.D. v. M.P., 33 A.3d 73 (Pa.Super. 2011). The mother appealed from the trial court order that granted permission for the father to move from Susquehanna County, Pennsylvania, to Barton, New York, with the parties’ male child. The appeal required consideration of the procedures and legal standards set forth in the newly enacted Child Custody Act, 23 Pa.C.S. § 5321 et seq.
If you are a resident of the Pennsylvania and looking for child support after separation, you would need to learn about the laws and regulations related to child support in Pennsylvania. Getting a divorce is undoubtedly one of the most difficult times in an individual’s life and it becomes even more so when you have children in the picture. The divorce procedure becomes a lot more difficult when you have children.
You must not avoid writing your will. In fact, it is your voice after you death. Your family and loved ones will be certain of your wishes. A carefully written will can avoid your assets going to unintended individuals, eliminate contests over the distribution of your possessions, can be used to create a trust, economical relative to intestate administration, and a will can be easily amended to fit changing circumstances.
Marriages do fail. Marriage counselling is attempted to resolve your differences with your spouse, but sometimes there are irreconcilable and the only option is a divorce. Introduction - Marriages do fail. You attempt to enter into marriage counseling or resolve your differences with your spouse in a manner that preserves the marriage.
There are many resources available that broach the subject of children and divorce. With the right support, you child will live through it without too much emotional damage. Contact a Plano family law attorney when divorcing and find the right support and resources for your child.
Family Courts Ordinance- 1985 A family Court will have jurisdiction over the following matter: 1. Dissolution of marriage; 2. Restitution of congeal life; 3. Dower; 4. Maintenance; 5. Guardianship and custody of children. Under the Family Courts Ordinance 1985 the Assistant Judge is to act as a Family Court to try family matters specified in the ordinance.
Marriage to a U.S. citizen is the most common way of getting a legal permanent resident status in the United States especially when the alien has been out of status in the country. Fraud statistics show that between 1998-2007 more than 2 million people have reported marriage as a means to gain residency within the United States.
According to Buckley, her experience working with the elderly has reinforced the idea that as the age of society changes, the challenges will change as well. Compared to other types of law, such as personal injury or criminal law, the legal field pertaining to elder care is still relatively young. This is due to the simple fact that with new medical technologies, diets and lifestyles, the age of society’s elderly continues to advance alongside these factors.
When you are a younger adult you may well have a difficult time wrapping your head around the concept of aging. It can seem as though retirement planning is something that you really don't have to think about until you are much older. The above is understandable because we all have day-to-day challenges that we must address and it can be hard to think about the future.
Every state has specific laws regarding divorce. Such laws may vary from one state to another. When you are planning to get a divorce, make sure you know about the specific laws of the state. Are you looking to get a divorce in Pennsylvania? Every state has specific divorce laws and you need to meet certain requirements to file a divorce in a particular state.
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.
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.
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.