Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
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.
California domestic violence law has changed a lot over the years. The author explains how things have changed as well as the influences that spurred changes.
Underestimating or not accounting for all costs associated with raising children when itemizing expenses to help calculate child support is common. Don't overlook the details of your child's real financial needs. Our article helps list frequently missed costs that could be added as expenses in figuring child support amounts.
Colorado now has civil unions, and for virtually every purpose under state law, a couple in a civil union has the rights and benefits of a married couple.
Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.
Many types of adoption may be completed in the state of California, including private adoptions, agency adoptions, stepparent or foster parent adoptions, single parent adoptions, and grandparent adoptions.
People hire private detectives for a variety of reasons, but one of the most common is to uncover hidden assets. Private investigators don't become involved in all divorce cases. However, they can be very useful when the other party appears to be hiding assets or contesting child custody.
Knowing your rights as grandparents can be very helpful. Often times during a custody dispute over a child, grandparents are left clueless and unsure of if and how their relationships with their grandchild will be affected.
Parental alienation is an increasingly used tool in the war between divorced or divorcing parents. Depending on the expert, parental alienation syndrome, or PAS, is either made-up psychobabble or behavior by one parent that causes significant harm to children during child costody disputes. The reality, of course, is that it's a little of both.
If You Are a Foreigner and Marry a Chinese Citizen Then Things Do Not Go Well, How to Divorce Him/Her?
In recent years there are so many foreigners marry with Chinese citizens. For the reasons of culture shock, living habit, or personality clash, some couples' relationship go break, they have to divorce. For foreigners there are some specials rules to comply for, then a professional lawyer is suggested.
If a child of legal age lives in its grandmother’s house at no charge, this does not lead to a reduction in subsistence needs, according to the Hamm Higher Regional Court (OLG).
If the spouses have not signed a prenuptial agreement, they are considered to be living in a matrimonial property regime of joint ownership of accumulated assets as determined by statute.
Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"
By Galanter Law
When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of domestic violence of Florida is very expansive and includes many other types of criminal actions.
There are too many people that are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future, including the following:
These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
My husband got a job and makes more money. I make a lot less money now than when my divorce was final. My children live with a different parent now. Can we change the amount of child support? In the changing economy, these are very common questions. Fortunately, the answers are simple. The answer is yes, child support can be modified.
Going through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
Privacy and confidentiality are both huge concerns during the divorce process, so it's important to be proactive to protect your interests by speaking with a divorce attorney. In the meantime here are some helpful tips to help you out.
Social media users beware. What you post online can be used against you.
When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.
BGH: Exclusion of Equalisation of Accrued Gains and Severability Clause in a Prenuptial Agreement - Germany
The prenuptial exclusion of the equalization of accrued gains does not necessarily have to impact the validity of a prenuptial agreement.
It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.
Fathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
After banning Gay Marriage with a constitutional amendment in 2004, Georgia joined 15 other states in drafting bills to outlaw Gay Adoption in 2006 (USA Today). Luckily, it didn’t pass. However, nothing in Georgia Family Law explicitly says that you can adopt either.
A divorce is not only associated with private arguments, indeed it can also lead to legal disputes. A prenuptial agreement can potentially offer security.
A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.