Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
Parenting agreements or as they are sometimes referred to as a parenting plan can be helpful in dealing with issues your children will face in the future. During the process of developing the parenting agreement you must think about all of the issues involving your children's lives. In the event of a divorce, issues involving your children will be extremely important to you.
There was a case called Majauskas v. Majauskas in New York State. This case set the standard for the division for all types of retirement plans. The Majauskas formula regarding the division of Retirement Plans as follows: Retirement plans of all types and nature including but not limited to 401 k plans, 403 b plans, IRA's, pension plans, profit sharing plans and all other retirement compensation plans are equitable distributed in a divorce.
If child custody and/or visitation arrangements have not worked out, the non- custodial parent can bring an application to either the Family Court or Supreme Court to modify the child custody arrangements (if the parties have remarried). Men often do poorly when dealing with the Family Court or the Supreme Court in child custody and visitation matters.
The easiest way to reduce a child support order is to contact the mother of the child. Advise her of your financial circumstances and hope and pray that she will agree to a voluntary stipulation that downwardly modifies your child support obligation. Unfortunately, in most situations, this doesn’t happen! When love is gone, what she wants is your money!
The father child relationship is recognized under New York State Law to be equal to the mother child relationship. - Effects of Divorce - A divorce can affect many areas of your life. It can affect you financially and emotionally. It can cause changes in the relationship a parent has with his children. Our firm works extremely hard to protect the interest of men and fathers during the divorce process.
When Pennsylvania child custody is split between parents, conflicts almost inevitably arise. One issue that I am often asked about is what happens when one parent wishes to relocate with the child. The Superior Court of Pennsylvania recently analyzed this issue under the new PA Child Custody Law (23 Pa.C.S.A. § § 5321 et seq.).
Domestic violence is no laughing matter; however, false allegations can tear a family apart and force an innocent person to gain a permanent criminal record. Domestic violence refers to violence that occurs between two spouses, intimate partners, former partners, family members and people who live together. Domestic violence, otherwise assault and battery that occurs in any of the above relationships takes place in every race, religion and socio-economic class.
Elder Law is a term that has been coined to encompass the body of law regarding the aging population. It is an area of law that has seen significant growth as the baby boomer generation ages.
The practice of elder law is an area of expertise that developed from the need of a growing population of senior citizens with specific legal issues. What can an elder law attorney do for you or a loved one? Elder law is a relative new area in the practice of law, arising from the need of a growing population of senior citizens with specific legal needs.
Divorce can create quite an emotional roller coaster for some individuals. This is why one of the first questions that most people ask their divorce attorney is how long will it take to acquire a divorce. While we would love to be able to give you a definite answer, it is not that simple. There are a lot of aspects that go into divorce proceedings, but this will help to give you an idea.
It is important to choose an attorney who is skilled in divorce law to handle your case. But how do you go about choosing the right one? A divorce touches every part of your life. It involves your income, assets and where you reside. Additionally, if you have children it involves commitments and obligations for many years to come. But, all too often, the most devastating aspects of a divorce are the emotional and financial costs.
Find out of you are ready for a divorce. I don't think my wife likes me very much, when I had a heart attack she wrote for an ambulance.- Frank Carson “You don't know a woman till you've met her in court.”- Norman Mailer In the absence of sound legal advice from a competent divorce lawyer a divorce can be an emotionally traumatic and financially taxing experience. Most clients who come to see us during their consultation session are asked a series questions to determine their divorce readiness.
Divorce Attorney Sherea-Ann Ferrer provides information on what specifically to focus on when trying to hire a family lawyer. Prospective customers frequently want to know what they should look for before opting to hire legal counsel. And oftentimes my initial highlight on the list surprises them. Apart from closely checking a divorce attorney's qualifications, my #1 element to focus on when visiting a divorce attorney falls in the realm of personality compatibility.
If you expect to retire when you are in your mid-60s, you are going to have to save enough money to provide for your needs for perhaps 20 years or more. Most people will require a thoughtful and practical plan to be able to accumulate the resources that they need to comfortably enjoy their retirement years.
Adam J. Blahnik, a Minnesota child support lawyer and divorce and family law attorney, breaks down the basics of the Minnesota child support laws. If you are in a position where you will either have to pay child support or will be receiving child support, this article provides an overview of the child support laws in the state of Minnesota.
Adam J. Blahnik, a Minnesota divorce and family law lawyer, explains how Minnesota is considered a common law property State (or marital property State) as opposed to a community property State. He then details the difference between "marital property" and "non-marital property" in Minnesota.
Minnesota divorce and family law lawyer, Adam J. Blahnik discusses the problems with the Minnesota child support laws regarding the inherent skepticism of parents who are legitimately wanting parenting time with their children at least 45% of the time. In the year 2007 the child support laws in the State of Minnesota were changed to form a nexus between the amount of time that a parent has with a child and the amount of child support that the parent must pay.
Adoption and foster care arrangements can be terrific alternative for children with troubled backgrounds. After all, children living in these types of arrangements may be blessed with a loving family. If you are looking for insights one these family situations, you've come to the right place.
It can be quite devastating to discover that your spouse may have ventured out of your relationship and had an affair. While this is a common reason for divorce it is not taken into consideration the way that people think it is during the divorce proceedings. The Florida courts try to avoid getting wrapped up in the battles between spouses and who is at fault for the divorce.
Despite everyone’s best intentions, some marriages just don’t last. In these cases, most of the time, divorce is the most logical (and healthy) route to take for both parties. Whether you have been served with papers from your spouse, or are considering filing them yourself, your emotions may be running high. Setting a reasonable, logical tone in the beginning can help make the difference between an amicable divorce and a bitter one.
At some point in your life you may have a loved one who requires the care and attention that only a nursing home can provide. The decision to place your loved one in a nursing home is never reached easily. Once you have reached the decision, it is important to choose the best nursing home possible for your loved one’s care.
Although we may dread the aging process, most of us hope to live long enough to enjoy our “golden years». If you still have many years to go before your own “golden years», there is a good chance that you have a loved one who is currently enjoying his or hers.
If you're a Virginia woman facing a military divorce, you probably have questions about child custody. Speaking with a Virginia child custody attorney can help put you develop a strategy. Military divorce is different from civilian divorce in many ways, but one thing they have in common is that custody issues usually take center stage.
It is well known within the family law world that more people file for divorce in January than any other month. This is true in Pennsylvania as well as across the country. This statistic can be attributed to a number of factors. Couples in Pennsylvania as well as nationwide often choose to wait to file for divorce until the holiday season has passed in an effort to avoid upsetting family traditions.
“I promise to be true to you in good times and in bad, in sickness and in health. I will love you and honor you all the days of my life, to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part.” - Wedding Vow -
If you're a mature woman getting divorced in Virginia, you have a lot to consider. Later-life divorce is on the rise, and it brings with it its own set of challenges. Be prepared for what lies ahead so you can move on to your new life. Are you a woman over 50 getting divorced in Virginia?
As a Pennsylvania family law attorney, I regularly counsel both mothers and fathers with regard to PA divorce and child custody actions. While each case is certainly unique with its own set of facts and circumstances, below I’ve outlined five general tips to increase your likely of success in your child custody case.
ABLE – “Achieve a Better Life Experience”– Federal Legislation - What You Need to Know About the Proposed Law
By Jaburg Wilk
“ABLE,” has been proposed again in both houses of Congress. The purpose is to encourage and assist individuals and families in saving private funds and to provide secure funding for disability-related expenses. At the urging of a number of national disability advocacy groups, federal legislation to "Achieve a Better Life Experience", more commonly known as "ABLE," has been proposed once again in both houses of Congress (HR 3423 and SB 1872) in November 2011.
If you are thinking of downloading a standard divorce form instead of hiring an experienced divorce attorney you must read this article. Many times downloading standard divorce forms may result in higher expenses than simply hiring an attorney from the onset.
Custody and Parenting Time Issues Presented - If you are facing a child custody issue due to either the custodial or the non-custodial parent moving out of state, make sure that you're on the right side of your state's child custody law and operating within the confines of your child custody agreement.
If your loved one is in need of long term care, you’re probably taking the time to compare different long term care facilities and options. Many seniors prefer to age at home so that they’re able to live a more comfortable life in a familiar environment. If you’re considering at home care for your loved one, you will need to carefully consider his or her needs.
Once in a while you hear a statistic that is so jaw-dropping you question whether or not somebody made a mistake in passing it along. In the elder law community there is one of these that has been circulating for the past several months that is really attention-getting.
Unless you have been living under the proverbial rock you are aware of the fact that the powers that be in Washington are consumed with the matter of the federal deficit. A while back a deal was struck to raise the debt ceiling so that the government could remain operable. This agreement included the appointment of a congressional committee that must come up with a plan to reduce the federal debt by $1.5 trillion over the next 10 years.
When you're making plans for your retirement it is important to have a cogent and realistic understanding of the limitations of Social Security. You can't get into the head of every person who is unprepared for retirement, but it would be logical to assume that a high percentage of individuals have unreasonable expectations regarding how far Social Security will get them.
Atlanta elder law attorneys can help you get prepared for all the eventualities of aging, and it is truly best to have a comprehensive plan in place. When people get interested in estate planning they invariably recognize that they may well experience a period of incapacity before passing away, and this is something to recognize and address through the execution of the proper documents.
Elder financial abuse is one of the major issues that is a hot topic in elder law circles at the present time. Though it is hard for reasonable people to understand how anyone could target vulnerable senior citizens, it is something that happens with alarming frequency. The MetLife Mature Market Institute does a lot of very valuable work that shines a spotlight on matters of interest to seniors.
Prior to the enactment of the 2003 Parentage Act, there was a problem for non-custodial parents in cases where the parties were never married in attempts to prevent the removal of a child from the State of Illinois, during or after there had been an establishment of a parent/child relationship.
That recently, the Circuit Court of Cook County Amended Rule 13.3.1 the Rule relates to mandatory disclosures. Previously, the Rule provided that a party seeking child support, maintenance, modifications of child support or maintenance, Section 513 hearing attorneys fees or any other matter involving the sharing, splitting or allocating of expenses must include a Disclosure Statement prior to the Hearing.
That approximately fifteen (15) years ago on a suggestion from Wendy Morgan, my partner at the time, Louis Capozzoli, and I decided to take payments from clients through credit cards.
As some point in your life, you are likely to have an elderly loved one who is unable to fully care for himself or herself. As people in the United States live longer, the population of people over the age of 65 continues to increase. Many people now live into their 80s and 90s with a great deal of independence. Even those who are relatively independent, however, eventually need some type of assistance in most cases.
Four practical "to do's" to follow after being served divorce papers. It is important to put yourself on the right track after being served divorce papers. Things such as your response to the divorce petition, choosing your form of legal representation and securing your finances are some of the key points to focus on soon after being served.
By Fox Firm, PC
Under certain circumstances child support may be subject to an increase or decrease, in which case an attorney may file a petition for a modification with the court. When it comes to paying and receiving child support, they are subject to change and are not necessarily permanent. Whenever either party has experienced a significant change in circumstances, it may warrant a child support modification.
Study any details you can obtain on divorce mediation, the better you are knowledgeable about the procedure the more successful you will be. At your initial procedure you will determine ground principle to be more successful. At your initial procedure you will determine ground principle to be more effective. Given the dynamics of the scenario emotions will sparkle and conversation will get heated.
Annulments in Virginia make a marriage null and void. To get a Virginia annulment, though, there must be fraud or defects in the marriage. To discuss your situation, call a Virginia Beach divorce lawyer. In Virginia, annulments are permissible, but only under strict circumstances. For most couples, getting an annulment in Virginia isn’t a viable option, but if you think your situation calls for one, you’ll need to consult with an experienced Virginia Beach divorce lawyer.
There are some statistics that you run across that are kind of hard to believe if you have not already done some research into the subject in question.
Gay and lesbian parents have suffered decades of court discrimination in child custody cases. The state of California and other states have recently adopted a nondiscriminatory approach to granting child custody rights to gay and lesbian parents, but subtle forms of prejudice still exist.
In Bangladesh at a present days the Divorce has become an issue dealing with all legal attempts at all its three stage; before Divorce Notice, at the statutory period of 90 days and after expiry of statutory period.
With several different types of child custody, a family going through the divorce process can easily become frustrated and confused. Fortunately, a divorce attorney can provide families with the relief and legal advocacy they need to make the right decision.
The IRS has regulated that a taxpayer can only claim a dependency exemption for a qualifying relative or child. If you are trying to claim dependency exemption for a child, you need to understand Regulation 1.152-4(c) of the IRS bulletin and how it applies to you.
Understanding the Importance of Defending Yourself against a Protective Orders
Practical tips and considerations for handling child custody and visitation issues throughout the holiday season.
As you reach the latter stages of your working years it is likely that you are simultaneously tying up any loose ends that remain as you prepare to ease into retirement.
It is important to know and understand how the division of property works in your marriage. There are properties that will be considered marital property and properties that will be considered non-marital property.
Divorcing can be exceptionally tricky. Not only are you taking a life that was formally combined with someone else and separating it to a single’s life, but more often than not asset division is not agreed upon by both parties involved. Your Florida divorce attorney will be able to advise you and all matters regarding the division of assets.
Judges don’t favor in-home separations in Virginia, but there are exceptions. If you’re getting a divorce in Virginia, speak to an attorney to discuss your separation options.
Most people are well aware of the fact that the subject that is consuming the lawmakers in Washington is the federal debt.
A brief note on the provisions of Ethiopian Legal System governing child custody.
A brief note on alimony / spousal support under the Ethiopian Legal System.
A brief note on Defacto Divorces and their implications according to Ethiopian law.
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.
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.
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).
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.
Consulting a family law attorney prior to getting married or having children may prevent many difficulties later, when you decide to get divorced.
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.
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.
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%.
What are the differences between civil unions and same sex marriages? What should you know about issues like prenuptial agreements and divorce?
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.
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.
Parental authority is automatically vested in the natural parents of a minor. There are, however, instances when parental authority is delegated to other persons.
These are interesting times in the elder law community because of the fact that the population is aging so rapidly.
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.
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 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.
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.
A Guardian / Conservator is appointed by the Court when someone is unable to make their own decisions and/or ensure their own care.
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.
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 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.
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.
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 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.
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.
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 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 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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.”