Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law.
When a marriage is no longer working, many spouses believe that the only option is divorce. This, however, is not true. Ohio couples who need time and space apart from one another or who are ready to move forward in their lives separately have other legal options available to them besides divorce.
Determining questions of property division and child custody is often the most contentious part of most divorces. The efforts of attorneys and, ultimately, the decision of the judge will have a lasting effect on both ex-spouses and the children for many years. For that reason, it is critical that any person going through a divorce in Ohio become familiar with how the court reaches its determination and what can be done to best achieve a favorable outcome.
Civil protection orders in Ohio can be issued by different courts to address varying threats, but all feature a common purpose: ordering one person not to harm another.
Divorce can be a lengthy and expensive process, but it doesn't have to be. Many people minimize the cost and time of divorce by filing a simple, no-fault, uncontested divorce. When spouses resolve the issues between themselves and file for a no-fault divorce, they can avoid significant expense and wasted time without the need for a mediator or judge to resolve disputes.
Divorce is often thought of as a drawn-out, expensive courtroom battle, but it doesn’t have to be that way. An uncontested divorce offers couples an affordable, timely way to avoid the expense and drama of a contested divorce.
Only one of the 50 states refuses to allow some form of no-fault divorce. In a recent editorial, the New York Times lambasted that state’s legislature for failing to enact no-fault divorce, stating that current law makes “divorces costlier, longer, and uglier than they need to be.”
Parents have concerns about leaving teens home alone while on vacation. But what about divorced parents with joint custody whose careers take them out of town?
Divorce attorneys have taken to reviewing social networking sites as a best practice to glean whatever information they can, looking to see if what a spouse says in court is different from what he or she is saying online.
The recent economic hard times have been difficult for many people. But according to a study conducted by Dr. Rachel P. Berger, the recession has been particularly hard on infants. Berger, who revealed the results of her study on May 8 at the annual meeting of the Pediatric Academic Societies, said there is a "marked increase in the rate of abusive head trauma among children during the recession compared to beforehand."
With all the news coverage of Arizona's new immigration law, much less attention has been paid to other new laws coming out of the recently ended legislative session. One such law, SB 1314, may affect custody decisions regarding minor children in contested divorces and other child custody proceedings.
July 7, 2010 By Siam Legal International
Introduction: The K1 visa is the exclusive visa that allows an American to bring their fiancé/fiancée to, and get married in, the United States. Upon the marriage, the foreign spouse is eligible to adjust of status for permanent resident.
July 3, 2010 By Siam Legal International
One of the forms of divorce in Thailand is Contested Divorce. This is also known as Judicial divorce in the country. The court is given the task to determine the propriety of a divorce case lodged by concerned parties.
July 2, 2010 By Tanfous Law Firm
Chapitre VIII: De l'arbitrage, Article 306 Toutes personnes capables peuvent souscrire un compromis d'arbitrage sur les droits dont elles ont la libre disposition.
July 1, 2010 By Siam Legal International
The increasing number of marriages between Thais and foreigners has inevitably resulted in the escalation of divorce cases in Thailand. Many associate this unfortunate trend to the dissimilarity in culture and language. While there is always a common hope that one’s marriage will weather all trials, there is also equal possibility of the marriage ending in a divorce.
June 29, 2010 By Siam Legal International
One distinct concept in Thai marriages is that it consists of two different parts: The Wedding Ceremony and the Marriage Registration. Not too many foreigners are aware that it is the Marriage Registration which marks the legal start of their marriage in the country. Many get surprised to find out that after years of being together, Thailand has yet to recognize their union for failure of registration.
June 28, 2010 By Siam Legal International
Every couple tying the knot hopes for a marriage that will last a lifetime. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties add unnecessary stress to an already very stressful state. With an inter-racial couple, things may become more complicated. To avoid this kind of situation, unromantic as it may seem, an engaged couple may consider entering into a prenuptial agreement.
June 25, 2010 By Siam Legal International
Introduction: Adjustment of Status is the procedure by which a resident alien can become a permanent resident without leaving the United States. Thai spouses who gained entry to the United States via a K1 or K3 visa typically utilize this process. The results often depend on the discretion of the USCIS District Director but are typically successful.
June 24, 2010 By Law Offices of Steven M. Adler, PLLC
If you are going through or even contemplating a divorce, the single most important step you can take to make sure that your desires are carried out is to execute a new will, power-of-attorney and health care proxy.
June 22, 2010 By Siam Legal International
Thailand is a truly unique place for most couples to make their dream wedding come true. Nonetheless, a legal marriage in Thailand for both foreigners and Thais should be performed according to Thai law.
June 21, 2010 By Siam Legal International
Adoptions in Thailand are governed by the Child Adoption Act 2522 (1979). Adoption requirements are strict. The process can take upwards of 1-3 years. In addition to complying with Thai law, the adoptive parent(s) must comply with the regulations set out by their own governments. Additionally, adoptions must comply with the Hague Adoption Convention.
June 14, 2010 By Zonder Family Law
Many Newport Beach family lawyers will work with clients towards a fast and civil solution to a divorce, that doesn't guarantee that the situation will play out that way.
Can property, which was originally non-marital separate property, be converted to marital property?
Equitable division of assets is a multi step process. The first step is for the Judge to determine what property constitutes marital property in Rhode Island. After a judge determines what constitutes marital property, the Rhode Island Family Court judge must apply the factors set forth in 15-16.1. The judge must lastly equitably divide the marital property.
Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.
As fathers become more active in the care and upbringing of children, they are also becoming more likely to get child custody following a divorce.
Michigan ranks at the top of the list of states hardest hit by the recession. With the ailing housing market and high unemployment rates, some are finding it desirable if not necessary to leave the state and start fresh somewhere else.
When parents who have joint legal custody can't agree upon important decisions such as school attendance, the trial court is required to resolve the dispute in the child's best interests.
June 2, 2010 By Reddin, Singer & Govin, L.L.P.
Approximately 30,000 17-year-olds are arrested in Wisconsin each year. If they are charged with a crime, they are charged as adults.
June 2, 2010 By Curtis R. Cowan, P.A.
When Tiger Woods and Elin Nordegren married in 2004, like many celebrity couples, the pair signed a prenuptial agreement. The details of the agreement were never officially released, but reports put the figure allotted to Elin at $20 million - available after 10 years of marriage.
June 2, 2010 By Curtis R. Cowan, P.A.
While there is some hope for improvement soon, the current economic climate has taken its toll on families in Florida and throughout the United States. Unsurprisingly, parents obligated to pay child support - formerly known as noncustodial parents in Florida - have not been immune to the current economic downturn.
June 2, 2010 By Plachta, Murphy & Associates, P.C.
A Primer 101 Guide to Prenuptial Agreements.
June 2, 2010 By Plachta, Murphy & Associates, P.C.
Someone once said that everyone should be born at 50. That way we would be wise right from the start! Unfortunately, that is not the case. And as far as parenting goes there is no instruction tag on our children either.
June 2, 2010 By Mockler Law Group
One common question is whether a parent has to pay child support if the children are receiving social security payments as a result of the parent's disability. The short answer is that social security payments do not negate the obligation to pay child support. A disabled parent, however, does receive credit for the social security paid for the benefit of the children.
It is quite possible that you may have overlooked a short recent decision in the Appellate Division, Second Department. However, this case, Peritore v. Peritore, is pregnant with implications and evidences a judicial trend to award to a non-contributing spouse a small percentage of the appraised value of a professional license, business or practice.
Since the passage of the equitable distribution law on July 19, 1980 which set forth new standards for the award of maintenance, the courts have grappled with the issue of whether to award fixed or life time maintenance to a needy spouse. More apt, would be the phrase “non-durational maintenance”.
Have the courts been so hardened to offensive behavior that they fail to recognize egregious conduct when they see it? Does the emperor’s new clothes really hide his nakedness? Has the court’s sense of morality been diminished to such an extent that any type of sexual misconduct or aberrant behavior will be countenanced in the twenty first century?
The Appellate Division Second Department on March 31, 2009 decided Penavic v. Penavic , an extraordinarily important decision to unmonied spouses and their counsel. The appellate court in no uncertain terms, condemned the practice by some IAS judges to refer pendente lite counsel fee application to the trial court, especially where the moving party makes far less than their spouse, or is a stay-at-home mom or dad without employment income.
The granting by the courts of liberal discovery of electronic evidence in matrimonial litigation has certainly not kept pace with the sophisticated technology devices that have been developed to make it difficult or impossible to obtain information stored on computer hard drives.
The recent economic crisis in this country has caused many economic scholars to reflect on the root causes.
Recent trends appear to be leaning in the direction of awarding the lion’s share of a business marital asset to the spouse who has formed and run the business. Generally, the longer the length of the marriage, the greater the percentage will be awarded to the non-operating spouse.
Currently, Connecticut, Iowa, Massachusetts and Vermont allow same-sex couples to marry, made possible by courts and legislatures. In May, 2009, the Maine legislature approved a same-sex marriage law and planned to allow same-sex couples to marry in September; however, that has been put on hold until Maine voters decide in less than a week (as of this writing) whether to repeal or uphold the law.
Maine and New Hampshire join Massachusetts. Connecticut, Iowa, and Vermont to total six states that permit same-sex marriage.
On April 3, 2009, the Iowa Supreme Court’s unanimous decision in Varnum v. Brien, affirmed a 2007 lower court ruling that Iowa’s 1998 law limiting marriage to heterosexuals is unconstitutional. There is no residency requirement (unlike that of Massachusetts) to obtain a marriage license in Iowa. The law will take effect on April 24th.
On October 10, 2008, Connecticut joined Massachusetts as the second state to permit same-sex marriage in Kerrigan and Mock v. The CT Department of Public Health. The court found that civil unions in Connecticut (permissible since 2005), while providing some protections and responsibilities akin to marriage, were “separate but not equal rights” and therefore violated the state constitution’s equal protection clause.
Currently, Massachusetts is the only state in the nation that permits same-sex marriage. Civil unions are available to same-sex couples in Vermont, Connecticut and New Jersey. Proponents of same-sex marriage rights argue that civil unions are not “separate but equal” rights.
The following are additional legislations that affects the matrimonial practitioner.
The amendment provides that “domestic violence cases pending in a criminal court in the county shall be eligible for disposition in the Integrated Domestic Violence Part if necessary to best utilize available court and community resources for domestic violence cases.
Prior to this new legislation, the different departments of the Appellate Division had conflicting rules regarding the statute of limitations on an action to vacate a prenuptial agreement. Some applied the 6 year statute of limitations, while others tolled the time during the parties’ marriage, since as a matter of public policy, a married couple should not be forced to litigate against each other.
A German heiress who believed a prenuptial agreement protected her $80 million fortune may lose several million dollars to her ex-husband because of a quirk in divorce law in the United Kingdom. On the other hand, her case could spell the end of the peculiar British legal standard.
Godfrey v Spano, 2007 NY Slip Op 27105, 2007 N.Y. Misc. LEXIS 853 (Westchester County 3/12/2007) As discussed in my previous column, the recent Court of Appeals decision Hernandez v Robles, 7 NY3d 338, 821 NYS2d 770 (2006) held that the New York State Constitution does not compel the recognition of same-sex marriage in New York, and deferred to the legislature’s determination on the issue.
For the estimated 10 percent of Americans without jobs, child support can be an increasing hardship. However, those paying child support can often request modifications to the child support obligations if they can show a substantial change in circumstances since the child support was ordered. Parents on the receiving end can also seek modifications to increase their child support payment receipts if they are struggling financially.
A unique custody case between a family in California and a family in Missouri raises new questions about custody disputes involving embryos.
An Illinois family law judge must referee as two parents struggle over their child's religious upbringing - a legal custody issue. The father faces contempt of court after he had his child baptized.
May 17, 2010 By TlaCorp
Forum Shopping between Spanish and UK nationals. Concept of residence, permanent residence and domicile for Divorce purposes.
May 17, 2010 By Law Offices of Graham & Hubbert
The author discusses the Michigan Child Support Formula.
In 1999, David Goldman married Bruna Bianchi, a native of Brazil. They settled down in New Jersey and had a child together named Sean. They seemed to have a picture perfect marriage. But then in 2004, Bruna took four-year-old Sean to Brazil on what was supposed to be a two week vacation.
Last September, the Minnesota Court of Appeals began a pilot mediation program that required those with family law issues on appeal to attend mandatory mediation before submitting the case to the appellate court. While some attorneys had doubts about how well the program would do, a year later the program has been heralded as a success with 38 of 72 cases resolved through mediation.
Unlike most jobs or professions, lawyers and attorneys are guided in both their personal and professional lives by Codes of Professional Responsibility and Rules of Ethics. A failure to follow the rules or live up to the ethical requirements can lead to private reprimands, public reprimands, suspension from the practice law, or even disbarment.
Today’s global culture has led to a greater number of marriages between people from different countries than in decades past. As a result, international child abduction has increasingly become a problem. To put the issue in perspective, consider that 2,800 children have been abducted from the United States — more children than attend the largest grade school in the country.
There has not been much good news on the subject of retirement benefits lately, especially for those who foresee relying on those benefits when the time comes. At Continental Airlines, a group of senior pilots weighed their options and decided to get their retirement benefits before the money disappeared — without retiring.
Determining questions of child custody can be one of the most difficult, contentious and expensive steps in the divorce process, even if the parties generally agree on an overall plan. A recent change in Texas law has removed what was often an obstacle to the timely settlement of many custody disputes.
Traditional wisdom suggests that when the marriage goes, so goes the house. But with the current economy, more people are finding it difficult not only to sell the family home without taking a big loss, but also to even afford to live on their own without a second income.
Although few people noted it, January 1, 2010 was an important milestone for American law. It marked the 40th anniversary of the no-fault divorce, first introduced in California in 1970. California’s law (signed by then-Governor Ronald Reagan, himself a divorcee) was followed by similar laws in many states in the 1970s and early ’80s Today, all states except New York offer some form of no-fault divorce.
Alimony laws have become a hot-button issue in Massachusetts, particularly in light of a recent decision issued by the Massachusetts Supreme Judicial Court. In Pierce v. Pierce, the court rejected the argument that alimony payments should stop when someone reaches retirement age.
May 4, 2010 By Bishop Law Office, P.C.
Years ago, the concept of "Mr. Mom" - a dad raising the kids - was a novelty, a punch line and certainly not the norm. Today, with about half of all marriages ending in divorce and parenting roles becoming less rigid, fathers with significant custody rights have become more common.
May 4, 2010 By Bishop Law Office, P.C.
Conventional wisdom says that divorce rates increase as the economy decreases. The reason for this is simple: Some couples who were staying together because the money was good are finding themselves arguing more about their finances and finding fewer reasons to stay together; other couples are simply pushed to the edge by economic stresses.
May 4, 2010 By Law Offices of Steven M. Adler, PLLC
A discussion of your choices when trying to protect your home while qualifying for Medicaid services.
April 28, 2010 By The Law Firm of Ayo and Iken
In family law cases, if there are children there is child support. And most states now require an order for support anytime the court considers children’s issues. But unfortunately, getting an order for child support and collecting child support are two separate jobs. A common procedure for enforcing child support is the Motion for Contempt.
April 27, 2010 By Meinerts Law Office, P.A
There are alternative ways to resolve divorce disputes without the need for prolonged, costly litigation. For people seeking a more amicable, less expensive and more expeditious way to resolve differences in a divorce, mediation and collaborative law might be an approach to consider.
April 26, 2010 By Claery & Green LLP
Experiencing domestic violence is one of the most horrific experiences a person will ever endure. Domestic violence is especially egregious because it is a torturous act committed by someone who may be loved, trusted and depended upon by the victim; even a spouse, domestic partner or the other parent of one’s children.
April 23, 2010 By Valerio Weinrieb
It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.
April 22, 2010 By Claery & Green LLP
Going through a difficult divorce? Disagreeing with your ex about child custody and visitation? Dealing with domestic violence? Ending a domestic partnership? Fighting over child support or spousal support?
April 18, 2010 By Slepkow, Slepkow & Associates, Inc
Issues concerning payment of Credit Cards and Marital Debt can be some of the Most difficult issues to Resolve in a Rhode Island Divorce. Everyone wants to divide the the Assets but no one wants to pay the debt. This article explains how debt is assigned in Rhode Island divorce cases.
A step-parent who legally adopts a child has the same rights and responsiblities as the biological parent. A child who is 14 or older must consent to any adoption.
A judgment of legal separation does not dissolve the marriage or control a later property distribution if the parties should decide to divorce.
Division of separate property or the allocation of separate debt in a divorce or the dissolution of a domestic partnership or civil union is a common cause of disagreement and litigation. Even in states in which there is a rebuttable presumption of equal contribution, the court has discretion to award an unequal division of the assets. In such cases, discovery and the decision of what evidence to present at trial can be crucial.
April 14, 2010 By Jensen & Leiberan
Although children are generally not allowed to testify, they may be allowed to talk to the judge if this is in the child's best interest.
April 14, 2010 By Jensen & Leiberan
Although the division of property in a divorce is controlled by legal standards, it is subject to judicial discretion in the application of those standards to the parties' specific facts.
April 13, 2010 By Slepkow, Slepkow & Associates, Inc
Older children have a very significant impact on child custody and Visitation determinations by a Rhode Island Family Court Judge.
April 12, 2010 By V&T Law Firm
The common property refers to the property acquired and owned by the wife and the husband through the duration of marriage. The duration of marriage starts from the date of marriage to the date either party dies or the date of divorce.
April 11, 2010 By Wagner Sidlofsky LLP
Elderly people who are lonley, depressed, ill and cognitively impaired are especially vulnerable to financial predators who marry them as part of a plan to obtain control and ownership of their assets. This article is a review of an Ontario case called Banton v. Banton in which Justice Cullity of the Superior Court of Ontario, Canada dealt with such a situation, set aside the Will and addressed the differing capacities for making a Will and getting married.
April 9, 2010 By Slepkow, Slepkow & Associates, Inc
What is marital property in RI? What happens to the marital home upon divorce when there are minor children? What is the definition of "no fault" divorce? How does "fault" such as alcoholism, drug addiction or extra marital affairs can effect equitable division of assets. What factors do Rhode Island Family Court Judges use to divide Assets?
There is no standard law or rule in Rhode Island (RI) regarding whether or not a parent's overtime will be used to calculate child support.
Frequently asked questions and answers concerning equitable division of assets in Rhode Island divorces. This article discusses what is marital property in Rhode Island and what happens to the marital home upon divorce when there are minor children. This article also addresses the definition of no fault divorce in Rhode Island.
What is "discovery" in Rhode Island divorce? How do I get information about my spouse? How do I get information about marital assets and debts?
These arguments will go in one ear and out the other with most Rhode Island Family Court Judges unless there is some real proof (evidence) supporting the basis of the argument. This article applies to all family law cases including divorce, child custody, paternity cases.
This article addresses what constitutes a common law marriage in Rhode Island and how to prove or refute a claim of common law marriage. The article focuses on serious intent to enter into a husband-wife relationship as well as reputation in the community that two people are in fact married.
What are the residency requirements to obtain a Rhode Island divorce? Is it necessary to prove compliance with the residency requirements at the nominal divorce hearing in order to obtain a divorce? How do I prove residency to get a divorce?
This article explains in detail the intersection of Divorce, Family law and Criminal Law in Rhode Island. Criminal law cases often involve complex issues concerning divorce, child custody, restraining Orders, visitation, child support, division marital assets etc.
April 1, 2010 By Cindemir Law Office
This article aims to clarify the matters concerning separation and divorcement in relation with Turkish family law. The article touched on the procedures of divorce and also grounds of divorce in Turkey.
The author answers the following questions: How is Child Support determined in divorce cases, paternity cases, child support cases and child visitation cases? Is there a minimum child support guideline in Rhode Island and how is it calculated? Can a judge issue a child support order over the minimum guidelines?
In Rhode Island, child support does not automatically terminate when a child reaches 18 years old! A motion to terminate child support must be filed or the child support obligation will not stop. This article explains when child support should end in Rhode Island.
The purpose of the mediation process is an attempt to curtail a long, contentious and expensive court battle in Rhode Island Family Court.
March 26, 2010 By Tolmage, Peskin, Harris & Falick
New laws that went into effect in February, New York teen drivers now face two new obstacles on their way to the road.
March 25, 2010 By Wagner Sidlofsky LLP
There may be as many as 150,000 seniors being victimized in Ontario Canada.(FN1) The abuse can take many forms. One common form of abuse is financial. The purpose behind this article is to provide some information to people on the first steps they might consider when discovering the problem. Let’s first talk about signs of financial elder abuse.
March 24, 2010 By Geller & Carolan, LLC
Alimony used to be automatically awarded to stay-at-home wives and paid by wage-earning husbands. Gender bias aside, the courts seem more inclined to put both parties to work when both are capable of self support and absent special circumstances.
March 23, 2010 By Thurman Arnold III
Family victimization is a national crisis for women and children. Victim’s symptoms can include persistent acute and chronic re-experiencing of the traumatic events of victimization, persistent symptoms of physical and emotional arousal, and avoiding stimuli associated with the trauma through a numbing of general responsiveness – often facilitated through the abuse of alcohol and other substances. All of these can seriously impair the individual’s functioning.
March 15, 2010 By Jason Lundberg, Attorney - Allegiance Law
This article addresses when a parent is responsible for the tortious acts of their minor child. Generally, a parent does not have any liability for a tort committed by their child. However, there a few limited exceptions.
March 14, 2010 By Slepkow, Slepkow & Associates, Inc
The Rhode Island Family Court judge utilizes the "best interest of the child" standard in Rhode Island Child Custody and Child Visitation cases.
March 10, 2010 By Law Offices of Keith M. Dysart
The court may require one party to a divorce or family law proceeding to pay for the costs and attorney's fees of both parties based on financial need. The court will consider each parties income, ability to pay an attorney and the need for legal representation when deciding if attorney's fees and costs should be awarded.