Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
It isn't unreasonable for divorcing couples to worry if they can survive financially after they divorce. One big thing is; many people are scared by the idea that they will find themselves paying mortgages and marital debts by themselves. But, following some easy measures provided by the law may ensure fairness in debt division and also property allocation.
The issue of same-sex marriage in the context of immigration law has recently come to the forefront of political attention. As the law stands, an illegal immigrant who enters into a state-recognized same-sex marriage is not afforded the immigration rights that are given to an immigrant in a heterosexual marriage.
The need for hiring a lawyer is rising these days, given that different circumstances that surface. Given the massive choices available on the net and in local markets, persons have to develop advance decision making skills to ascertain choice of the right lawyer.
We would, and regularly have, given the same advice to our clients, almost verbatim. Faithful application of these rules will reduce the cost of your divorce by 50%. Full credit for this content belongs to its original author, John E. Harding, and may be viewed by way of the following link: John E. Harding, Divorce Recovery 101.
Recent sexual abuse and assault charges against 55-year-old Pesure Alshahapy of Tucker, Georgia, could cost the man his livelihood and land him in jail, according to Atlanta criminal defense attorneys. Alshahapy, an Atlanta taxi driver working for Rapid Taxi, has been charged with sexually assaulting one of his passengers, a 16-year-old girl. Alshahappy has been jailed without bond since June 14th.
The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003. Its predecessor was the Young Offenders Act (YOA) which came into force in 1984, and before that we had the Juvenile Delinquents Act (JDA) of 1908. The YCJA is longer and more complex than what came before, and is meant to address the problems found in the previous regimes......
Even though being on social media networking sites is fun, you should know that whatever you post on your Facebook account remains in public domain. Interestingly, your Facebook comments can cripple your divorce case. A lot of divorcing couples in Texas and other parts of the U.S are experiencing problems dealing with their divorce cases due to what they post on their Facebook accounts.
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court’s discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this particular area of law, the Court is awarded a great deal of discretion, but it is important that their decisions remain consistent. Normally in child custody cases, the Court’s consistently award custodianship to the parent that will best serve the child’s needs.
The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and children believed to be in danger.
The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection of its inhabitants.
In this day and age, with easy access to travel, parental child abduction has become increasingly widespread. Parents forum shop for the perfect place in order to the keep their child. The United Arab Emirates happens to be one of those places.
Several states across the country are moving to tighten the laws on choking and strangulation by making it a felony charge. Several states across the country are moving to tighten the laws on strangling. A much debated topic, choking and strangulation is one of the top domestic abuse crimes, but is not considered a felony by many states.
In the state of Florida, divorce is more officially known as “dissolution of marriage”. Either spouse can file for divorce, as long as specific requirements are met. Below are some frequently asked questions about the divorce process in Florida.
When you consider the fact that Jacksonville, Florida has multiple military bases including the Naval Submarine base, King's Bay, that puts Jacksonville third in the nation in having the largest military presence. Because of this huge military presence, many Jacksonville residents must understand how military duty sometimes affects family law issues one of which is the impact that military service has on child custody.
While many Americans have been hit hard by the recession, baby boomers and elderly Americans are increasingly more in debt than they have been for decades. A report from the Employee Benefit Research Institute shows that 81.7 percent of Americans aged 55 to 64 have both household and consumer debt. This represents an increase of almost 10 percent between 1992 and 2007.
Military officers and service members may face family law matters, just like their civilian counterparts. However, there are also other complex issues that a military member facing a divorce must deal with, such as pension, child relocation, retirement and the like.
Estate plans do not come in a one-size-fits-all product, and all estate plans need to be changed whenever certain life events arise. Divorcing or legally separating from your spouse is one of these events. If you believe you may be getting a divorce or separation, you need to speak to your estate planning lawyer so you can make the necessary changes.
Just what is the distinction concerning a lawful separation and a divorce? Which generally is better? Which probably must I pursue? These are widespread questions newly asked during the last few weeks. Domestic Relations Law (“DRL”) Article 11 methods for judicial separation of the couple without the need of dissolution of their partnerships. Given that the passing of “no fault” divorces, the use of legal separations has been declining rapidly.
The decision that a marriage isn’t working and that it’s time to part ways is only one thing you need to consider when contemplating this major life change. While you may no longer want to be Mr. and Mrs., you may find that separating is not all that easy once you do the math.
When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.
In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent is not able to. Thirty states have what are called filial responsibility laws. These laws require the children to pay for their parent's nursing home expenses. Though they have rarely been enforced, they apply if an elderly parent is considered indigent and the adult children are able to pay.
Children and teens convicted of crimes face the prospect of being unfairly labeled as an offender during a time period when many experts believe their brains – and their resulting actions – are still developing. People love to classify and apply labels. It’s a natural human tendency.
Divorce is a difficult time in anyone's life, and is a route that is only taken after much thought and deliberation. Although many attempt to prepare for the consequences of a split, some of the financial implications are often overlooked.
If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting on Social Security retirement benefits to fund at least a portion of your golden years.
If you have recently lost a parent, you are undoubtedly going through the grieving process that follows such a deep loss. The loss of a parent is never easy. If you are also concerned that something is not right about her Last Will and Testament, your grief is likely also joined by worry.
We all get frustrated with people when we are driving down the road and they are not paying attention and just blabbing away on their cell phones, or when someone rudely answers their phone in a quiet movie theater and begins to have a conversation. Unfortunately, the majority of the population now has access to a cell phone.
Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are responsible for supervising the estate administration process, even though they also do a lot more. Though each state court has different responsibilities, let’s take a look at some of the more common matters that probate courts handle.
Married couples planning on divorcing sometimes under estimate the extent to which the divorce will impact their estate plans. Not only will you have to change key documents such as your will and your advance directive, but you may also have to create additional estate planning tools to protect your property and ensure the divorce will not cause problems with your estate plan later.
In some situations, a married couple may decide to separate legally, instead of divorcing. While a legal separation contains very similar provisions to a divorce there are certain estate planning concerns that legally separated couples have that a divorced couple does not. It's important to speak to your estate planning attorney if you plan on getting a legal separation.
Pursuant to s. 19(1) of the Ontario Family Law Act both spouses (married not common law spouses) have an equal right to possession of the matrimonial home. That is, both spouses of equal right to reside in, use and enjoy the matrimonial home post-separation regardless of whether title to the home is joint or in one spouse’s name solely.
Many people are unsure of the difference between a legal separation and a divorce. In this article, the benefits and the differences of both will be investigated. In many states, a legal separation can be granted to a couple if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.”
One out of every five adults, or about 50 million Americans, have been diagnosed with some form of arthritis. Though many of these people are elderly, about half of all arthritis sufferers are under the age of 65. If you begin noticing any of the typical warning signs associated with arthritis, you should speak to your doctor so you can start a treatment regimen. Early detection is always better than catching it too late.
An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly believed that arthritis only affects the elderly, about half of all arthritis sufferers are under the age of 65. Early arthritis warning signs are often key in developing appropriate preventative measures, so if you notice any of these arthritis red flags you should speak to your doctor as soon as possible.
Florida is one of the few states in the nation that allows for permanent alimony and current laws do not limit on the amount of alimony that a judge can award a person. There is also no legal formula for alimony and no steadfast rules regarding the duration of alimony payments either. This has caused a certain level of unpredictability and inconsistency in alimony rulings in Florida from case to case, even though case facts may be similar.
Show about Divorce Hotel May Not be Realistic - By now, you may have heard about the Divorce Hotel in the Netherlands. This is a hotel that allows couples to get most of the details of their divorce worked out in a weekend. There is even talk of a reality television show that would follow this new idea. While the show is an interesting thought, and would likely be watched by many, there are some issues with it that may stand in the way of letting it become a reality.
There are some tax increases on the way at the end of this year and a lot of people may not be aware of them. Given the implications of these pending tax hikes cut it is absolutely necessary to sit down and discuss your situation with a licensed and experienced San Bernardino estate planning lawyer because there is a lot of money in the balance.
Are you having difficulty making your child support payments? Or are you not receiving enough in child support? There are options available to help you in your current situation. If you have been through a divorce then you may have gone through the difficult process of determining child custody and visitation rights. If you have not been granted custody then you were probably granted some rights to visitation.
Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce memory loss and a general cognitive impairment. Here are three common warning signs that Alzheimer's patients typically show. If you notice any of these in yourself or in a family member or loved one, you should consult a physician as soon as possible.
It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for your children is probably the most important part of your estate plan. People that are divorced naturally assume that the other parent will automatically get custody of the children if something should happen to them. This is true in most cases, but there are some situations to where it would be helpful if you have named a guardian for your children.
Maryland - May 18, 2012 - A new story recently emerged in the heated debate over gay marriage. Last week, Maryland's highest court held that courts in that state must apply divorce laws equally, and grant a divorce, for gay marriages that were legally formed in another state.
A jury has awarded $3.2 million dollars to the family of a man who died in hospice care after leaving a Rocky Ford, Colorado nursing home. The Pioneer Healthcare nursing home is challenging the verdict. At trial, an expert found that the deceased had acquired 16 separate infections during his stay at the nursing home, and over 30 injuries. The final cause of death was determined to be a stage-four bedsore as well as malnutrition and Parkinson’s disease.
For adults engaged in difficult divorce and custody battles, it can be all too easy to forget the significant, long-lasting impact that these types of proceedings can have on those most sensitive to the fallout, children. Unfortunately, the setup of the court system promotes a competitive approach to determining custody in that one party is the so-called winner (the “primary” custodian) and one party is the so-called loser (the “partial” custodian) in most cases. Children do not see it that way.
While preparing for your upcoming wedding, the last thing you want to think about is getting divorced. When you are about to get married, you think of your partner as your best friend, so you are much more likely to be amicable and fair than when you are about to get divorced, when you probably, albeit not always, think of your partner as your worst enemy. That being said, here are 5 things to consider when drafting a prenuptial agreement:
In most divorces, the marital residence is one of the most substantial assets in the entire marital estate, if not the most substantial asset. What makes real estate unique from other assets, such as bank accounts, retirement accounts, and other investments, is that it is an asset usually tied to a liability, such as a mortgage or a home equity line. Consequently, when parties are going through a divorce, one of the challenges is determining what happens to the marital residence.
For many divorcing couples, retirement accounts can represent much of the value of a marital estate. Retirement accounts come in various forms and include Individual Retirement Accounts (IRAs), Roth IRAs, SEP IRAs, 401(k) plans, 403(b) plans, defined benefit pension plans, etc. Division of these various retirement accounts is a common concern for those separating or going through a divorce. Below are 3 important issues that arise with respect to retirement assets:
Out of all the domestic issues that can arise, payment or receipt of child and/or spousal support is one of the most common. Both types of support are governed by the Pennsylvania Support Guidelines which establish a rubric for calculating the amount of the obligation. While the guidelines are fairly straightforward, determining the payor’s support obligation can be challenging, depending on the particular circumstances. Below are some of the issues that can arise:
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease. If you notice any of these symptoms, you should contact a doctor right away. Though many of these symptoms mimic age-related problems that almost all elderly people experience, Alzheimer’s disease symptoms are typically more significant than the common ailments associated with growing older.
Property settlement agreements are a great way for parties who are separating or divorcing to settle property issues amicably and to their mutual satisfaction. Without proper legal representation, however, these agreements can lock people into settlements that are detrimental. Following are five of the pitfalls people should avoid when working on such agreements:
Divorce is rarely a welcome event financially, but in one of the worst recessions in recent history, it can be especially challenging. The state of the economy has an impact on various aspects of a divorcing couple’s finances, including their real estate, retirement accounts, and debts. The effect on their incomes can be substantial as well. This article examines the impact of the economy on some of the key financial issues in a divorce.
Managing your money can be a challenge after a Virginia divorce. You can survive and thrive by staying positive and following some basic tips. You spent years sharing everything with your spouse, but now that your Virginia divorce is finalized, your money and life are all your own. There's a lot of freedom in being in control of one's own finances, but there are also major responsibilities. Despite the challenges, managing your money is an important part of post-divorce life.
There are many ways to go about getting divorced. Hiring a lawyer is generally the most common and logical choice, but the only problem is that not everyone can afford a lawyer. There are many things to keep in mind before proceeding with a divorce, and the two main ones are how much should you be prepared to spend and what things are the most important to you.
Child custody takes many factors into account a looks to determine what the best possible situation available is for the child. Which parent will they stay with, which school will they go to, how long will they be with each parent and who makes decisions for them are just a few of the questions that will need to be answered. For many, divorce is one of the most challenging moments of their life. That moment is only further complicated when it involves a child.
If you need the help of a family law attorney, you must consider some important things in this regard. These things include accessing a right lawyer, way of executing of the lawyer, if you are getting all the relevant information and aspects regarding your case and firm professional ethics etc. After considering all these points, you can definitely find the best family law attorney that will sort out your concern in highly effective way.
Prenuptial agreements still get a bad rap. People often crack jokes when talking about them, saying they are for the paranoid, the pessimistic, and the greedy and how unromantic they are. But wanting or signing a prenup doesn't mean you are planning for divorce. In reality, they serve a very important estate planning function, particularly in second marriages. Such agreements can also be made after marriage and are called post-nuptial agreements.
Covert Surveillance Tools Often Used in Divorce - If you are in the middle of a divorce, you may have considered using technology to get the upper hand. If so, you are not alone. It has been discovered that more people than ever are using covert technology, such as spy cameras, to try to find evidence to use against their ex. You might be interested in the reasons for this kind of instrument.
You may be told constantly to try to settle out of court when it comes to divorce. However, sometimes it makes more sense to go to court. In some cases, trying to settle out of court can just drag out the divorce, so you should learn the signs that you would be better off taking the case to the courtroom.
When you are young time seems to pass slowly as you anxiously await certain benchmarks. For example young people will look forward to the day when they can start high school and then get a driver's license and it can seem to take forever. On the other hand, many people will tell you that as you age time starts to pass by very quickly.
Every family dynamic is unique and the level of communication that exists among family members is going to vary on a case-by-case basis. Some families have very frank and open lines of communication and this can be helpful when you are considering the implications of the aging of a family member.
One of the most contentious issues in North Carolina family law is child support. How child support works in North Carolina is a very common question asked by those who are planning or facing divorce. Child support laws in most states are fairly fixed without taking into account the actual child-related expenses of both spouses.
One frequent topic of discussion this time of year is the way bankruptcy will affect tax refunds. Some people assume that all future refunds may somehow be set off against what they owe; others assume that the government may keep it for some period of time. It is important to make sure that you know what can happen to a tax refund, both to minimize the impact, and so you can plan accordingly.
The vast majority of us will need to entrust an elderly family member’s care to a stranger at some point in time. This may be for anything from a monthly home visit by a caregiver, to full-time, around the clock nursing home care. Unfortunately, statistics tell us that elderly Americans are also being abused, neglected and generally taken advantage of at an alarming rate.
Atlanta child custody lawyers at The Margolis Legal Group, P.C. can offer quality legal aid and counseling to families fighting for custody of their children. Claiming legal custody of your baby should be the last thing on new parents’ minds. But for the Blairs, a military family from Georgia, obtaining an Atlanta child custody attorney was top priority following the birth of their daughter Makayla last year.
When you file Chapter 7, rights to some assets must be protected or you could risk losing them during discharge. A Texas bankruptcy lawyer can help you deal with your responsibilities. When you file bankruptcy under Chapter 7 your rights to certain exemptions and reliefs are held up by federal and state bankruptcy laws. In order to protect these rights, you need to first make sure that you comply with all of the responsibilities you have under these laws as well.
Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the right to challenge his sentence. In People v. Ronald Snow, a felony case out of Yolo County, the sentencing judge awarded $44,994.85 in victim restitution for, among other things, dental bills incurred by the victim when Snow knocked loose the victim’s dental crown with a punch and left eye surgery.
Social media can play an important role during a Seattle divorce. Find out how from Seattle divorce and family law attorney Eric Engel of the Engel Law Group. Social media sites are helpful tools when looking to network or reconnect with friends and family. However, these types of sites can also negatively impact your divorce, as well.
As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal issues that affect people as they age, retire, and die. Let's take a look at some of the more common issues that elder law attorneys deal with.
A good estate plan is one that takes into consideration all of your major life events, including a planned retirement and the money you'll need once you stop working. However, whether you have already retired or have yet to, you may wish to reconsider your decision to stop working. For many people, choosing not to retire is one of the best decisions they make. Here are several reasons why it may be right for you.
When you are making your estate plan you may hear the phrase “elder law” but not really know what it means. Elder law is simply the collection of legal issues and topics that most often impacts the elderly. Creating an estate plan, for example, is one aspect of elder law, though the topic includes numerous other legal issues. Let’s take a look at some of the most common elder law issues.
As of January 1, 2010, same-sex marriage became legal in the U.S. state of New Hampshire. The journey to this momentous decision was anything but smooth, and Republicans have even recently filed a bill to repeal the gay marriage law. The bill was not successful and was defeated in the state House with a vote of 211-116. New Hampshire is one of 31 states that have had ballot measures related to same-sex marriage since 1998, and the opponents have prevailed in every state.
A child custody case in Texas may be affected negatively if domestic violence is involved. If you are pursuing a child custody case in Texas, allegations of domestic violence can have an impact. To better understand family law code and what your rights are, contact a divorce attorney as soon as possible.
NBA All-Star Dwyane Wade has scored another victory in his highly contentious divorce from Siovaughn Wade.
As the housing market continues in a largely downward trend nationwide, there have been some unintended and unexpected consequences for couples in the midst of a divorce.
In any divorce involving at least one minor child, the parties’ divorce decree must define the custody and visitation arrangements for the child. Defining the word “custody,” however, is no simple matter. For instance, one person’s idea of “joint custody” can be quite different from another’s person notion of “joint custody.” Therefore, it is essential that the parties be aware of the definition of these terms in the state of Illinois.
The recent headlines about movie mogul Bob Weinstein showcase just how quickly things can spin out of control in the legal arena when marriages break down. Weinstein, the producer of many successful films including Pulp Fiction and the Lord of the Rings trilogy, was in a Manhattan courtroom Monday, where his wife had filed for both divorce and for an order of protection.
Acrimonious and emotionally devastating, divorces can have a far-reaching impact on a divorcing couple’s family members, especially when children and grandparents are involved. With almost half of all U.S. marriages now ending in divorce, the rights of grandparents have been garnering more legal attention during the past decade due to the rising number of divorces. In addition, any hostility felt by one parent can have a negative effect on the children’s other set of grandparents.
Divorces can be devastating to the quality of life for spouses, children and close family members involved in the conflict. Contested divorces represent the worst kind of divorce because of the degree of animosity punctuating the entire event. Unfortunately, many contested divorces can drag on for up to two years if neither spouse is able to concede to any of the disputed issues.
According to Americans for Divorce Reform, it’s estimated that between forty and fifty percent of all marriages will end in divorce. Currently, there are six states in this country that allow same sex marriages – Massachusetts, New Hampshire, Vermont, Connecticut, New York, Iowa and the District of Columbia. What happens when a same sex couple seeks to dissolve their marriage, especially if they now live in a state that doesn’t recognize their marriage as legal?
An estimated 18 million children throughout the United States have parents who are divorced or separated, and another 17 million children have parents who have never been married.
State courts have jurisdiction over divorces taking place within their state, and thus divorce laws can vary by state. One area in which states have very differing laws is the matter of cohabitation and how it affects alimony (aka spousal maintenance or spousal support) payments to an ex-spouse.
Tens of thousands of elders fall victim to some form of abuse every year, and the abuse is very often at the hands of caregivers or close family members. The signs of elder abuse can be hard to recognize, for a couple of reasons. First, many of the signs overlap with what appear to be normal signs of aging – frailty and mental decline.
Those about to begin the Pennsylvania divorce process often find themselves overwhelmed and emotionally exhausted. For many, meeting with a divorce lawyer can seem like a daunting task, especially if you don’t know where to begin. Below, I’ve listed 4 common major issues that you should discuss with your divorce lawyer.
The elderly population has always been an easy target for financial fraud by both illegitimate and legitimate companies. During the recent economic recession, reports of fraud against the elderly have been rising. The Federal Trade Commission in conjunction with state attorney generals has been increasing their consumer protection programs to protect elderly consumers.
In cases of divorce one of the issues that can occur is whether or not spousal support should be awarded. In order to properly make a decision a number of items will be weighed to choose if one of the spouses has a right to support. For many people when their marriage ends they are shattered not just from the emotional strain but the worry of how they will continue on and support themselves.
The cost of long-term care has become truly exorbitant, and this is a subject of great concern within the elder law community and there is no relief in sight. Industry analysts tell us that the cost of long-term care is going to increase into the foreseeable future.
In practice, Kentucky courts give slightly weaker emphasis to the law which appears to grant visitation rights to grandparents. Grandparents who are primary care providers for their grandchildren are given equal consideration under the law by the courts when the court determines custody issues.
Congress will soon be considering a bill aimed at better protecting the child custody rights of military parents. The proposed new law, called the Service member Family Protection Act, would prevent family court judges from basing child custody decisions solely on service members’ past or future deployments. The bill seeks to amend the Service members Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.
It is good to go through life staying positive, but at the same time you have to be aware of certain dangers that exist and take precautions to protect yourself. This can become even more important as you consider the eventualities of aging.
New Hampshire has long since recognized the privileged nature of communications between husbands and wives. However, with the widespread use of electronic communications, it has become unclear whether such communications remain within the realm of “marital confidences”.
Senior citizens and elders are increasingly victims of scams. Abuses by attorneys in fact are among the worst. Elder Financial Abuse: Power of Attorney Scams - How to protect seniors from abuse of a power of attorney by family or friends, and how to spot this type of financial abuse.
Prenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
If you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
Ratification of Settlement and Separation Agreements - As an alternative to divorce, married couples often opt to enter into s separation agreement without dissolving the marital relationship. There are countless reasons why a married couple may choose separation over divorce.
When the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
For our clients whose assets are sizeable, we understand that there are specific issues that will arise during a divorce. Complex financial holdings and property division must be reviewed carefully in order to create an equitable distribution of assets. First and foremost, any prenuptial or postnuptial agreements must be reviewed.
A divorce is one of the most stressful events that may occur in a person’s life. Many people do not know how to focus their energy and can feel lost during their divorce proceedings, but it is extremely important not to get discouraged. There are a few things that you should try to do or avoid during the divorce proceedings in order to help keep your sanity.
One thing to consider when contemplating the contingencies of reaching an advanced age, is the possibility of being unable to handle your day-to-day needs on your own. The likelihood of a stay in a nursing home or assisted living community may be the first thing that comes to mind. These options exist, but there are some pitfalls that go along with these types of facilities.
Some parents think that getting their spouse to agree to joint legal custody during a divorce means an end to the bickering over decisions in their child(ren)’s lives: obviously the parents will discuss and reach important choices together, come to an agreement like adults, and move forward for the best interest of the child(ren), right? Wrong. Do not succumb to the deceptively sweet sounding siren song of “joint legal custody” without knowing the law.
By Jaburg Wilk
Determining the valuation in divorce proceedings can often be contentious and difficult. There are three approaches to value any asset, business or business interest: 1) the asset approach, 2) the income approach and 3) the market approach. By: Mitchell Reichman