Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?
Suppose that prior to the death of your spouse the two of you signed an agreement where you both committed not to sue each other’s estate. Also imagine that you did not get legal advice before signing the agreement. Would a judge hold you to that agreement? It depends.
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
Listen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make Good Decisions
Studies show that aging has a negative effect on decision making abilities in elders. Elders should be aware of an increased risk of falling victim to fraud due to increasing inability to make good decisions.
In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death of one family or household member by another family or household member.
In general, domestic violence restraining order laws establish who can file for an order, under what circumstances, what protection or relief a person can get from such an order, and how the order will be enforced by the authorities.
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.
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.
Challenging a prenuptial agreement in the context of estate litigation happens more often than you think.
When people think of weddings, the first thing that comes to mind is love and happiness. However, most marriages end up in divorce, which is why parties need to protect themselves before that step is ever reached. To cover both your finances and other types of properties, it’s crucial to look into hiring a family lawyer to draft up some kind of agreement. Typically, there are two contracts used when dealing with marriages and they are prenuptial and postnuptial agreements.
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.
After LeVan v. LeVan(FN1) Lambert v. Lambert(FN2) and Rick v. Brandsema,(FN3) wealthy people who sign domestic contracts should be getting the message that failure to make full and frank disclosure of all relevant financial information opens the door for the agreement to be set aside. But that is the end of the story – let’s start at the beginning.
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.
The process of saving for your child’s college education can seem daunting. Tuition is already substantial at so many universities, and, if current trends hold, will continue rising year after year right up to the time your child has graduated from high school and is ready to embark upon his or her freshman year of college.
A good divorce lawyer can be a tremendous resource during the divorce process. However, it can be difficult to find an attorney when there are often so many to choose from and only limited information that you have about prospects. Use this guide to help you retain a lawyer who will assist you throughout the divorce process.
The decisions made during the divorce process can have long-lasting consequences. By approaching this process from a reasoned standpoint and paying attention to details before and after the divorce process is initiated, a spouse can save thousands of dollars in legal fees and improve his or her bargaining position.
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?
If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some professionals advise against jumping into a divorce for a number of reasons, one of which is the immense financial liability.
A recent study has found a correlation between relationship health and Facebook use that may cause more people to want to switch off the computer and smartphone in favor of spending more time paying attention to their spouses.
You may have been told recently by your attorney that you need to answer written discovery in your case. This may come at a time when you are already stressed out by the fact that you are involved in a lawsuit. This article will give you some practical tips about how to manage the paperwork more easily.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
The considerations and main requirements a couple must consider if they want to marry in Costa Rica, Central America.
Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
Decades ago, the American culture as a whole began believing that unhappy parents equaled unhappy kids. This belief led many parents to divorce for the sake of their kid's happiness. However, research on the subject, which has spanned over 30 years, has found that in reality, kids suffer more and are therefore unhappy more when their parents get divorced. Consequently, parents aren’t any happier either.
Let’s assume for this discussion that you have settled your divorce, the kids are coping with the change in their lives. You have moved on from your divorce and have found a wonderful new partner in life. You are thinking about moving in with them and taking that relationship to the next level.
Child support is a parent’s legal obligation to provide for their children. It is the responsibility of both parents. The money actually belongs to the children and is to be used only for them, to provide food, clothing, shelter, medical care – the necessities of life. Child support payments cannot be waived.
Deciding to end your marriage is not easy decision to make. There are so many emotions involved, and it can seem completely confusing It may not be easy to think in a calm, rational manner during this time, but if you want the best result for your divorce, with the least amount of pain, it is something you must try to do.
The day of reckoning (for your marriage, anyway) is almost here. You are probably a little nervous about your court appearance. Your attorney should help prepare you for this appearance, but we offer a few tips here to try to calm the nerves.
In some divorce cases, alimony is ordered in order to help the spouse who earned less during the marriage or who may otherwise leave the marriage at a disadvantage to receive funds from the higher-earning spouse. This can help balance the financial stability of both spouses and keep the lower-earning spouse from being destitute and reliant on public assistance.
A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse charges.
Many people wonder about sealing a juvenile record, especially when they did something that they regret when they were younger. Just like any type of criminal conviction, it could end up making it difficult to move forward in the future.
A collaborative divorce differs from a regular divorce because it is not adversarial, it is cooperative. So, what kind of people make the best candidates for a collaborative divorce?
The rising stock market has also broadened the appeal of certain investments such as variable universal life and indexed universal life insurance policies that are linked to stock performance.
There is never a good time to get a divorce, but the three months after the holiday season divorce and family law attorneys as well as marriage and family counselors often call “Divorce Season.”
The hardest thing to face as a single parent in Utah are the intense emotions associated with being both a mother and a father to a child. This is further magnified when the other parent is absent or is deliberately not doing anything to fulfill his/her part in the caring for the children. More often than not, the single parent’s psychological well being bogs down.
Until now, the term “domestic violence” has been used extensively to describe abuse that happens between the two members of a relationship, be it spouses, same sex couples, roommates, or family members.
Talaq is the Islamic term for divorce. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.
Being in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.
Often times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.
When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.
Litigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.
Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.
Divorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
There are many questions you need to ask yourself before making the life-changing decision to adopt a child.
Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and don't see boundaries. The lack of "boundaries" in the modern world helps to promote international marriages.
Dads can end up dealing with the worst of the consequences after a divorce. Seeking the most knowledgeable Atlanta divorce lawyer to handle your case isn't just something we suggest you do - it is a necessity when planning a successful divorce.
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.
Post-Dissolution of Marriage Considerations for Special Needs Children Subject to Parenting Plan Litigation
In order to properly address the issues that will be facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a Broward County special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of those certain and uniquely specific realities that effect their child and impair their ability to parent, support and time share for that child.
Divorces are rarely easy, and very few end with zero disputes over major assets. For most relationships, the biggest shared assets are related to real estate. Whether the marital home or investment property, those going through divorce often want to know, “what happens to real estate in a divorce?”
Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case. Review this guide to defending against false allegations.
In some custody cases in which the parents do not agree on who should have primary custody of the children, a custody evaluation is taken. The judge can consider the results of this evaluation in addition to other information. Such custody evaluations may occur during the divorce process. If the parents are not married, this may be part of a separate custody action or a modification of custody action.
International marriages have become very often in modern society. The informational era of development presupposes the process of fast globalization and destroying all the borders between countries and peoples of the world. Ukraine is not an exception: Ukrainian women create families with the men from the Western Europe and the USA. Quite often, these marriages make the spouses happy.
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.
While many individuals may believe that the main distinction between a legal separation and divorce in California is that separation is considered temporary and divorce is considered permanent, this interpretation is not accurate. Many separation agreements later serve as the foundation of the divorce agreement, so negotiated terms may indeed wind up being permanent, even if they were hammered out during a separation. Read on to learn more about what a legal separation might mean for you.
Someone who drinks excessively and then commits a domestic violent crime probably isn’t thinking about the legal consequences of their actions.
Long -term care advocates and officials disagreed at a recent Assembly hearing.
Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.
It is common knowledge that divorces can be adversarial, and can include hotly contested and expensive court hearings. Most people also know that parties can make an agreement between themselves with or without a mediator's involvement. What a lot of people Don't know is that there is a third option...
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
Greece becomes the 16th EU member state adopting regulation 1259/2010 (Rome III) in regards to divorce proceedings.
In the heat of a domestic argument or in an effort to gain advantage in divorce, one party may call the police to falsely accuse another of domestic violence.
In many alimony and child support cases, the spouse required to pay support is either neglectful or purposefully opposed to paying.
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."
Statistics show a strong correlation between animal abuse and the commission of other crimes. Recognizing this connection, some proponents push for harsher penalties and interventions.
Marriage between a man and a woman from different countries is no longer a novelty. Such unions are sometimes even very successful if families live in perfect harmony entire life and enjoyed every minute being together.
The shorthand answer to that question is that the prior court order for child support is automatically extinguished. That is what the 4th circuit of the California appellate court recently held in the 2012 case of In re Marriage of Wilson & Bodine (2012) 207 Cal. App. 4th. 768.
Persons who are married have certain legal rights and protections that they don't even think about. However, there are other couples who have long-term, committed relationships who have things a bit more difficult. This article will show the issues that should be considered by persons who are involved in a non-ceremonial marriage in Texas, and how to prevent a problem.
California recently passed legislation that will help LGBT elders to receive respectful care in their twilight years.
In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee is made up of a number of counselors with mediation/ counseling training.
Post divorce, if the custodian of the child is other than the child’s mother, he or she must obtain the written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.
Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts.
A San Francisco attorney allegedly committed financial elder abuse when he defrauded an elderly doctor. The defendant in the case has been disbarred for his actions.
Divorce in Georgia is often though of by the public and by attorneys as being either “contested” or “uncontested”. The distinction being whether or not both of the parties have agreed to the dissolution of the marriage. This determines how the divorce proceedings will processed. Where the parties can agree to resolve their differences, the case can be handled on an uncontested basis. The legal proceedings will be simpler and less stressful. Attorney fees will be substantially lower.
Senior citizens across the nation are being taken advantage of. Physical elder abuse and financial elder abuse have become commonplace.
Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children.
A recent study of marriage among those with and without a college education revealed that marriage is often postponed for those in the working class who don’t have a college degree.
It is undisputed that divorce has long-term effects on children, such as depression, trust issues, social difficulties and anxiety. When divorce is necessary, it is important to pay very close attention to how the divorce is affecting the children.
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
Domicile is defined as a place where an individual resides and see’s their long term home to be. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes, if they hold a residence visa (or similar) for the UAE.
Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. Each Emirate is governed individually.
What is collaborative divorce and how does it work? It is an alternative dispute resolution process which resolves divorce issues outside the courtroom.
Learn about Nevada's domestic battery laws and the penalties imposed by the state for conviction of these offenses.
While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
To send a care package or not? That is a question that many adoptive parents ask themselves as soon as they are matched with a child overseas.
It is a practice that families receive referrals after they have completed their home study. The reason for this is that home study completion is not guaranteed. It would serve no purpose if after a successful child referral, you are unable to complete the home study.