Family Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.




Settlement of Disputes Arising Out Marriage and Irregular Union

Do you want to know how Disputes Arising out Marriage and Irregular Union can be settled as per Ethiopian law? Below you will find a brief note on the topic.

Limitations on Marriage in Thailand

The Civil and Commercial Code (CCC) of Thailand is the main source of legislation which provides who may and who may not get married under Thai laws.

Life in Prison Without Possibility of Parole Unconstitutional for Juvenile Non Homicide Offender

In 2010, citing the Eight Amendment’s bar against cruel and unusual punishment, the United States Supreme Court determined that the immature and potentially malleable nature of juveniles precludes a judgment that a non homicide juvenile offender will never to be fit to reenter society (Graham v. Florida (2010) __ U.S. __, 130 S.Ct. 2011).

Divorce in Australia

An application for divorce in Australia must satisfy the only requirement established by the Family Law Act 1975 (Cth) - that there has been an ‘irretrievable breakdown’ in the marriage. Importantly, the court will not consider whose fault it was that the relationship broke down.

When to Consult a Family Law Attorney in California

Consulting a family law attorney prior to getting married or having children may prevent many difficulties later, when you decide to get divorced.

Divorce Law in Trinidad and Tobago

With over 2000 Divorces granted in Trinidad and Tobago in 2010, this article presents an introduction to the divorce process as it relates to the Republic of Trinidad and Tobago.

Who Determines Child Support and Child Custody?

If you are considering filing for a divorce, you will need to think about child support and child custody. Even though both parents want what is best for their children, it is not always easy to see eye-to-eye.

Contested vs. Uncontested Divorce: What’s the Difference?

The Centers for Disease Control and Prevention has issued data reporting that in the past decade the divorce rate in Florida has hovered between 40-50%.

Same Sex Marriages vs. Civil Unions

What are the differences between civil unions and same sex marriages? What should you know about issues like prenuptial agreements and divorce?

Cyprus Divorces

According to the latest demographic report of the Statistical Service of Cyprus for the year 2009, the number of divorces is increasing. Particularly, in 2009 the number of divorces increased to 1738, compared to 1639 for 2008.

Underage DUI Is Not Similar to a Juvenile Offense for Sentencing in a Later Drug Case

Baldemar Landa was sentenced in U.S. District Court to a minimum term of five years in state prison for violating the federal Controlled Substances Act. He pled guilty to possession of cocaine with intent to sell, as well as two other related charges.

Determinants of Child Support in Thai Divorce

Divorce in Thailand is coupled with many other concerns. These concerns do not only involve the divorcing partners themselves, but their children as well. One issue in divorce which involves children is child support.

The Establishment and Termination of Guardianship in Thailand

Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.

Poll Indicates Many Baby Boomers Will Never Retire

These are interesting times in the elder law community because of the fact that the population is aging so rapidly.

Thai Laws on Paternity

The relationship that is established by law between a father and his child is called paternity. Paternity in Thailand is presumed in a valid marriage. Therefore, a child born out of a valid Thailand marriage is considered the legitimate child of the husband.

Your Alimony Rights: The Florida Basics

The divorce process can contribute to substantial stress, especially about money and the future. We get it; you are not in this by yourself. This article, Your Alimony Rights: The Florida Basics, may help you attain piece of mind and get a more restful sleep. Consultation with a qualified family law attorney is recommended for specific legal advise about your particular situation.

Foreigners Adopting in Thailand

Foreigners who want to adopt a child in Thailand must understand that adoption is processed through the Child Adoption Center of the Department of Social Development and Welfare (DSDW). The DSDW is the sole government agency that is tasked to facilitate the adoption process in Thailand.

Understanding the Various Grounds for Thai Divorce

Couples who cannot resolve their marital problems can decide to end their marriage by getting a divorce. But not all marital issues can be used as grounds for a divorce. Section 1516 of the Thai Civil and Commercial Code provides the legally acceptable grounds for divorce in Thailand.

What are the Different Types of Guardianship?

A Guardian / Conservator is appointed by the Court when someone is unable to make their own decisions and/or ensure their own care.

Introduction to South Carolina Criminal Domestic Violence

South Carolina Criminal Domestic Violence, or CDV law, is a serious criminal offense. Men and women from all backgrounds can find themselves the subject of a criminal arrest and prosecution for either a misdemeanor or felony level domestic violence charge. This article provides a brief introduction to the CDV law including the legal standard and possible penalties.

Divorce and Creditor Harassment

When two people get a divorce, they will have to determine which spouses will be responsible for which debts. If your spouse fails to meet their obligations, creditors may harass you for payments.

Visitation in New York

Visitation rights refer to a non-custodial parent’s right to visit with their child. In each divorce where children are involved, child custody and visitation must be addressed and outlined in the divorce decree.

Understanding a Grandparent’s Rights

A grandparent’s rights to child custody and visitation have been a late evolving aspect of family law. There will be times when a grandparent will be awarded custody and visitation of their grandchildren.

Legal Custody in Texas

When a parent has legal custody they have the right to make important decisions on behalf of the child. Parents can be awarded joint legal or sole legal custody.

Annulment in California

Annulment is distinct from divorce in that it claims that the marriage never legally existed, or that it was based on fraud. To get an annulment, one must do so before the statute of limitations expires.

Mothers’ Rights in Florida

A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her in the matter.

The Benefits of Legal Separation

Legal separation is very similar to a divorce except for the fact that the marriage is not terminated. For some couples, it may be more beneficial to become legally separated as opposed to getting a divorce.

Divorce: Why Hire an Attorney?

Divorce is not a simple process; it involves asset and property division, child custody (if there are any children), visitation, child support and alimony (if any). When a divorcing spouse neglects to hire their own representation, they run the risk of forfeiting their rights earned through marriage.

Domestic Violence Charges: Felony or Misdemeanor

Domestic violence is taken very seriously in the state of Florida. Depending on the facts surrounding the case, the severity of the injuries and any prior history of domestic violence, it can be charged as a misdemeanor or felony offense.

The Benefits of Divorce Mediation

Mediation allows divorcing couples to come to terms on the details of their divorce without having to go to court. The non-adversarial process works towards amicable solutions so the parties can go their separate ways without conflict.

Fathers’ Have Rights Too!

Mothers and fathers play a pivotal role in the raising of a child. When a father’s rights are being questioned, or denied, then he should pursue legal recourse to have those rights vehemently protected.

Protect Your Rights Against Restraining Orders

Restraining orders are an important instrument in serious domestic violence situations; however, they can be taken out against someone based on false allegations. If a restraining order was taken out against you, it’s important that you act quickly to dispute the allegations.

Resolving Child Custody Matters

Child custody and visitation can be one of the most contentious aspects of any divorce involving children. Since the integrity of your relationship with your children is at stake, it is essential that you seek the advice of an experienced family law attorney in your child custody matter.

Domestic Violence and Actual Injuries

Domestic conflicts can easily take a turn for the worse and get out of hand. When somebody gets hurt and the alleged attacker was a spouse, or partner, then they can face serious domestic violence charges.

Asset Division in Divorce

When a couple decides to dissolve their marriage, they will have to make important decisions regarding asset division. In cases where the couple cannot agree on how to divide their assets, then the courts will step in and decide for them.

The Benefits of Collaborative Divorce

Collaborative divorce takes a non-adversarial approach to the divorce process. If properly executed, collaborative divorce can save a significant amount of time, heartache and expense in the long run.

Elder Abuse and Financial Exploitation

America’s elderly population is expected to explode in the next twenty years as baby boomers reach their sixties and seventies. Unfortunately, the elderly are particularly vulnerable to financial exploitation by their family members and caregivers, and should be protected when they are taken advantage of.

Same Sex Marriages and Divorce

Couples in same sex marriages who are seeking a divorce will have to address the same issues as in heterosexual marriages. With the changing laws it’s especially important to have a qualified divorce attorney guide you through the legal process.

Relocations and Child Custody Arrangements

Over time, circumstances change for a number of reasons. If a primary residential parent wishes to relocate with their child, they must notify the court and the non-moving parent before moving. The move may go ahead as planned or, the non-moving parent may contest such a move which will have to be addressed in family court.

Do Grandparents Have Visitation Rights?

Grandparents can play a very important role in their grandchild’s life. There are times when a grandparent might be denied visitation with their grandchildren by one or both parents, when this happens they can petition the courts for visitation rights.

Are You Headed Towards a Contested Divorce?

How a divorce plays out has a significant impact on American families. When couples cannot agree on the terms of their divorce it is labeled a “contested divorce.”

Do You Need To Take Out a Restraining Order?

Every year countless individuals are victims of domestic violence. Getting a restraining order against your abuser may be the most effective step you can take to put an end to the senseless violence.

Child Abuse Relating to Family Law Disputes

Child abuse affects every aspect of our society. Charges or allegations of child abuse can play a significant role in the outcome of divorce proceedings and child custody disputes.

Protecting Fathers’ Rights in Long Island

Historically, the mother gained custody of the children in Long Island divorces. Even though courts are coming around and giving the father more consideration than before – their rights can still be overlooked in matters relating to child custody, visitation and support.

Domestic Violence Can Be Wrongfully Accused

Domestic violence is a serious nationwide concern affecting every race and socioeconomic class. Unfortunately, it also happens to be one charge that is frequently abused – targeting innocent people who are frequently involved in a bitter breakup or child custody dispute.

Minneapolis Child Custody Information

Issues of child custody and visitation are often the most emotional ones encountered during a divorce proceeding. Both parents are interested in the well-being of their children, but their beliefs and methods of upbringing may differ greatly.

Pursing a Divorce in Texas

When pursing a divorce or legal separation, even if you are using a family law attorney, it's important to understand the state Family Code. There are many limitations, eligibility requirements, and varying waiting periods that you must consider as divorce is not an instant process. While it should not be construed as legal advice, the following guide can help you better understand the Texas divorce process.

Tips for Divorce in Nevada

Divorce is a difficult matter for most people. Understanding your legal rights and is important when thinking about a divorce. This article offers a brief overview of the divorce process in Nevada.

What Is a Guardian Ad Litem?

This term may be foreign to anyone facing a difficult custody battle, but it is important to know the role a guardian plays in our Court system.

Choosing the Right Caregiver for Long Term Care

If you have a senior loved one who is in need of long term care, it’s important to choose a reliable and trustworthy caregiver.

Child Custody for Fathers

Very few fathers obtain physical custody of their children. Some suggest that the family law courts are biased against men; others point out that fathers are rarely the primary caregiver for their children, and so don’t get custody. Either way, as a father, you need to understand the types of child custody.

New York Recognizes Same Sex Marriage

Under the Marriage Equality Act, the state of New York officially recognizes gender-neutral marriages for opposite-sex couples. It was signed into law on June 24, 2011, and it will go into effect on July 24, 2011 – thus providing equality for all sexual orientations.

Liquidation of Pecuniary Relations between Spouses

After the dissolution of marriage the next step will be liquidation of pecuniary relations. The pecuniary relations between spouses shall be liquidated by agreement or by retaking of personal property.

The Right to Divorce under Ethiopian Law

Is divorce permitted under Ethiopian law? Yes, the right to divorce is allowed in all types of marriage, be it customary or otherwise and divorce is granted irrespective of reason. Both spouses and either one of them may want the divorce so the court shall accept and consider the petition is forwarded to it by the spouses mutually or by one of the spouses as sole petitioner.

Effects of Marriage under Ethiopian Law

If you are considering marriage in Ethiopia or want advice for someone who is, here is a short review. Under Ethiopian law, marriage is recognized as such whether celebrated traditionally, religiously or by court according to the law.

Dissolution of Marriage under Ethiopian Law

Do you know about the causes and effects of dissolution of marriage? Here there are some explanations about the causes & effects of dissolution of marriage. To talk about dissolution of marriage, first availed marriage must be exist.

How the Florida Courts Resolve Child Custody Disputes

As the roles of mothers and fathers are progressively changing, the family courts in the state of Florida have taken notice. Child custody is not automatically awarded to the mother in a divorce. Today, both parents are given equal consideration in determining who gets the kids.

Apostate from Islam in Jordan

Effects of apostate from Islam (Convert from Islam).

How Dying Intestate Affects the Blended Family

Dying without a will, known as dying intestate, can create an avalanche of problems for the surviving family members. But what happens if the family is blended? How do you ensure that everyone receives the portion of the estate that was intended for them?

An Overview of Spousal Support in California

In the state of California, spousal support or alimony is awarded on a case-by-case basis. There are, however, a number of factors that determine whether or not support will be awarded. These factors also carry weight when determining how much will be awarded and for how long.

Protection from Abuse Orders Can Be Misused

A Protection from Abuse Order (PFA) is a vital tool for domestic violence victims; however, it can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result.

Are You Ready for Retirement

Unfortunately, many of the latest statistics suggest that the majority of Americans nearing their 60s are not ready for retirement. Although recent findings indicate that people are better prepared for retirement than they were less than a decade ago, all is still not well.

Protecting a Father’s Rights

In the past thirty years, our nation has seen a surge in the number of children that are born to unmarried mothers. Due to this trend, the issue relating to the rights and responsibilities of unwed fathers has spurred a worldwide social movement.

Estate Planning is a Reactive, Dynamic Process

It is not uncommon for people to procrastinate before they put an estate plan in place, and they do this for a variety of different reasons. Perhaps the most common one is the simple fact that they feel as though they have plenty of time before the matter is truly relevant. While it is true that the average life expectancy in the United States as of this writing is 78.4 years, it is probably not a good idea to wait until you are 75 to begin to plan your estate.

Not Eligible for Veteran Aid and Assistance? You May Have another Option

If you’re a veteran in need of extra care and assistance, you may have looked into qualifying for aid and assistance benefits.

A Will is Not Enough: Create a Letter of Intent

Many parents choose to create a will so that their minor children are always protected. While a will allows you to appoint a guardian for the care of your minor children, it doesn’t allow you to fully explain the level of care that is needed.

3 Ways a Collaborative Divorce Might Benefit You

Collaborative divorce in Virginia trumps traditional contested divorces because they help reduce emotional turmoil. For legal guidance, contact a Norfolk divorce attorney.

Texas Has Little Tolerance for Domestic Violence

Texas is well known for being tough on crime – domestic violence charges are no exception. People who are convicted of domestic violence face serious consequences which can damage their future irreparably.

Understanding High School and College Crimes

High school and college students are very likely to succumb to peer pressure. Unfortunately, giving in to this pressure can inadvertently result in breaking the law which can ultimately lead to conviction.

The Discovery Process

In a divorce, it is often necessary to conduct “discovery” – which is the method by which a party can “discover” information about the other party that is relevant to the divorce. Conducting discovery allows us to obtain full disclosure of particular facts, such as income and liabilities of the parties, the value of certain assets of the parties, and facts relevant to child custody and support issues.

Do-It-Yourself Wills Not Advised

These days you can find information about "how to" do just about anything on the Internet, and the ability that we now have to rapidly exchange information is certainly a good thing. However, it is important to be discerning about the types of things you can and can't effectively do for yourself with some instructions that you get online.

Prenuptial Agreements and Estate Planning Considerations: ‘Till Death Do Us Part

Nearly 80,000 Florida residents file for divorce each year. And, Florida has the nation’s highest percentage of residents over the age of 65. Many people enter into a second marriage with significant assets and adult children.

The Elderly and Dangerous Medication Mishaps

When it comes to medication and the elderly, it is not uncommon for dangerous mishaps to occur.

Issues in Elder Law: Elder Abuse and Neglect

One of the biggest concerns in Elder Law is Elder Abuse. It has always been a concern for those vulnerable adults who are institutionalized in Nursing Homes or state hospitals, especially as the population in this country grows older. Abuse is also an issue in instances where elderly adults are being cared for at home by their grown children.

Five Reasons Not to Prepay Your Funeral Expenses

While funeral planning is an important aspect of an estate plan, we offer the top five reasons not to enter into a prepayment plan with a funeral home.

Planning Retirement – Don’t Skip Life to Create Wealth

A large majority of people in the United States believe that you have to have a lot of money available to you before you can retire, but this isn’t necessarily true. Although it doesn’t hurt to save money when you can, you don’t have to be wealthy in order to enjoy your retirement years.

The History of Juvenile Delinquency in the Criminal Justice System

Juvenile delinquency is a national concern that deserves focus at home and in the community. Statistics have proven that taking a rehabilitative approach towards juvenile crime reduces the chances of the juvenile offender returning to prison for future crimes.

How to Have a Successful In-Home Separation

An in-home separation with your spouse doesn’t have to be stressful.

Does Your Estate Plan Meet Your Needs?

If you’ve started creating an estate plan, then you probably know there’s more than one way to address all your concerns.

Overview of Overseas Adoption

Every year, many U.S. citizens make the decision to adopt a child from overseas.

5 Things to Prepare Yourself for Divorce

In this article the author discusses on the Top 5 ways to prepare yourself for divorce.

Developing a Parenting Time

The author discusses how parents can develop parenting time in Minneapolis, MN.

Do you Need a Family Limited Partnership in Your Estate Plan?

If you have a family business that you would like to pass down to the next generation, a Family Limited Partnership may be an estate planning tool to consider.

Be Sure Your Named Guardian Will Serve

Have you asked the guardian that you named in your will if he or she will actually serve if needed? When you name anyone in a position of authority in your estate plan be sure that he or she is actually willing to serve.

A Simple Estate Planning Mistake to Avoid

Many people make small mistakes and their estate planning wishes are not followed. It's important to stay on top of your estate plan duties so that you not only have a great plan that meets your needs, but also follows your wishes. Take a look at some of the information below to learn how to prevent a simple mistake before it happens. If you have any questions or if you'd like assistance with your estate planning affairs, consult with a qualified estate planning attorney.

A Look at Probate Avoidance

When you start to explore the subject of estate planning you are invariably going to hear about probate avoidance. People who are new to the subject may not even know what probate is much less why they might want to avoid it, so we will take a look at the matter here.

What is Probate?

Even if you are new to estate planning, you may have heard that you should avoid probate.

Estate Planning Strategy for Small Business Succession

When you are in a small business partnership with others you must approach estate planning differently than those who don't have assets tied up in a business.

Comprehensive Estate Plans Should Include Advance Directives

Everyone is aware of the fact that they should have some vehicle of asset transfer in place such as a last will or a revocable living trust.

New York Marijuana Arrests and the Impact on Child Custody Cases

While a marijuana arrest is not the end of the world in a child custody dispute, it must be dealt with - and in some cases it could swing the ultimate custody decision.

Long Island's Divorce Rate Among Lowest in Nation

Tough New York Divorce Laws Credited with Low Divorce Rate.

Planning for Young Parents with Children

Young married couples who have just had their first child understand that the joys of parenthood come with great responsibility. These young parents want to do the best for their child by planning ahead for their future, and by making sure that the child will be secure no matter what happens.

Choosing a Guardian for Your Minor Children

For many parents, choosing who will raise their minor children if both parents die is not only disturbing to think about, but is often the most difficult decision they have to make when planning their estate. However, it is also one of the most important. Failing to make and document the decision can lead to outcomes the parents never would have wanted for their children.

New Tax Law

When a person dies, federal estate tax may be due. These are taxes that are due when the assets are passed to another person. Most people refer to this tax as the “death tax.” You may be aware that there are new laws regarding this tax. It is important to stay on top of the new tax law so that you know how you may be affected. Will you have to pay estate taxes?

Talk to Your Family about Your Estate Plan

If you have begun your estate planning, you are taking an important step in planning for your future. It is important to discuss your estate planning with your family. This will not only let them know that you have taken care of this responsibility but it will also be a great way to communicate your wishes and talk about your desires for the future.

Arkansas Intestacy Laws

If you don’t have a will, the state of Arkansas has one for you. Here is what happens to your assets under Arkansas intestacy laws.

The Irrevocable Life Insurance Trust

The Irrevocable Life Insurance Trust (ILIT) is typically used to get the value and proceeds of an insurance policy out of an estate so they’re not taxed for federal estate tax purposes. The use of ILITs is not complicated, but there are some administrative hoops to jump through. Your estate planning attorney can do much of the jumping through hoops on your behalf.

Long-Term Care Insurance - Be Careful of Unscrupulous Agents and Policies Targeting Senior Citizens

Protecting Yourself from Unscrupulous Long Term Care Insurance Practices and Policies - Unscrupulous agents target seniors for improper long-term care. Be careful of long-term facilities that do not meet your needs or are misrepresented.

Who Needs a Health Care Directive?

A Health Care Directive is a legal document that allows you to state your medical wishes in the event that you become mentally incapacitated.

What Is Assisted Living?

Assisted living is a type of residence for the elderly and disabled that may need assistance with daily living, but don’t necessarily need around the clock care like is available from nursing facilities.


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