Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.
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 David S. Slepkow
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 David S. Slepkow
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 David S. Slepkow
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 David S. Slepkow
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.
March 9, 2010 By David S. Slepkow
The proper Court to file a restraining order depends on the relationship that you have with the person who you are filing the restraining order against. What is the jurisdiction of the Rhode Island Family, District and Superior Court? Are there criminal ramifications for violating restraining orders?
March 3, 2010 By Law Offices of Keith M. Dysart
Mediation can offer a productive alternative for couples going through a divorce. By avoiding the courts couples may avoid unnecessary stress, costs and fighting. Divorces are never easy, but with the help of a mediator it may help alleviate some of the strain.
February 28, 2010 By David S. Slepkow
This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested divorces. This article also explains the residency requirements as well as how to prove residency in Court.
February 28, 2010 By David S. Slepkow
This article discusses in details under what circumstances a person will be sent to jail to compel compliance with child support orders. This article also explains other tools used by Rhode Island judges to compel payment of child support orders.
February 27, 2010 By David S. Slepkow
Under what circumstances should a prenuptial agreement be considered in Rhode Island? Premarital agreements are not right for every couple! Prenuptial agreements are most prevalent in second marriages. They are especially prevalent in first or second marriages when one or both of the parties have children of a prior marriage or relationship. They are also prevalent when a future spouse has a child or children from a prior relationship.
February 27, 2010 By David S. Slepkow
Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce.
February 25, 2010 By Law Offices of Keith M. Dysart
Exploring divorce, nullity and legal separation as alternatives to terminating a marriage. Each has benefits and disadvantages that may effect your particular circumstances.
February 24, 2010 By Randolph L. Goldman Attorney at Law
As the holiday season approaches, students on college campuses across the state are preparing for finals. For many students, this may be their first time away from home and on their own.
This Extensive article about Rhode Island Child Support explains in detail the following Child Support issues: 1.) Establishing Rhode Island Child Support 2.) Private School and Child Support 3.) College and Child Support 4.) Overtime and Child Support 5) Daycare and Child Support 6.) Modifying Rhode Island Child Support 7.) Terminating Child Support. 8) Contempt.
The author explains the Interaction of Divorce and Real Estate Law.
This article explains the role of the Guardian ad Litem in Rhode Island Custody, Visitation and placement cases. In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child! Article by A Rhode Island Child Custody Lawyer and RI Divorce Attorney.
In Rhode Island who is entitled to claim the minor child or children as Dependency Exemptions for Federal tax Purposes? If there is no indication in a Divorce Final Judgment or Decision Pending Final Judgment or Property Settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with Physical Placement / Physical Custody of the minor children is entitled to claim the child or children for Federal Tax purposes.
Rhode Island enacted the Rhode Island Health Insurance Continuation Act. This act allows some ex spouses to remain on their ex husband or ex wives health insurance after Final Judgment of Divorce. However, this act has been watered down by recent case law out of the Federal Court District of Rhode Island.
February 22, 2010 By Siam Legal International
Marriage in Thailand is a quick and easy process to arrange. After all, finding the perfect mate should be the hardest. Many people around the world want to get married in Thailand for many reasons. The possibilities for a dream wedding are endless – take a pick among the most serene of beaches for that perfect beach wedding or a rustic setting for a Thai traditional wedding on top of the mountains.
February 18, 2010 By Bononi Law Group, LLP
Gay marriage has suffered defeat in the courts but a judge has ordered compensation for a gay couple denied benefits on the basis of discrimination.
February 17, 2010 By David S. Slepkow
Why are there so few divorce trials in Rhode Island? If you visited Providence Family Court for an entire month walking from courtroom to Courtroom you probably will not see one divorce trial. If you are lucky you would see 1 or 2 Rhode Island Divorce Trials.
February 17, 2010 By Law Offices of Keith M. Dysart
A look at how mediation and collaborative law can be used to help reduce the costs associated with divorce and other family law issues.
February 16, 2010 By David S. Slepkow
This article explains the Rhode Island Divorce process from pre-filing considerations through trial including Rhode Island divorce law strategy.
February 16, 2010 By David S. Slepkow
This Article answers the following questions concerning Rhode Island Alimony: Who Qualifies for Support? What Factors must a Rhode Island Family Court Judge Look at to determine whether a person qualifies for RI Alimony? If a person qualifies for alimony, what factors must a judge look to determine the duration of alimony and the amount of alimony?
February 16, 2010 By Wilkinson & Finkbeiner, LLP
A party who has self-employed, partnership and/or LLC income must substantiate those earnings in compliance with local rules of court.
February 14, 2010 By David S. Slepkow
The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.
February 11, 2010 By Nebraska Judgment Recovery
A subject that is not readily addressed by most judgment recovery services is child support. As a judgment recovery service it is just another vital service we offer. Child support court orders are basically just the same as a judgment. The rules of enforcement applied to the order as if it were a judgment.
February 6, 2010 By Cates, Hanson, Sargeant, & Rakestraw, P.L.C.
Child support modification requests are up in Arizona this year, largely a result of the economic recession. Requests are coming in from both custodial and non-custodial parents
February 5, 2010 By Mesriani Law Group
The US National Highway Traffic Safety Administration (NHTSA) conducted a study which revealed that more than 11,700 people died from DUI-related crashes in 2008.
February 3, 2010 By Siam Legal International
Our world is getting smaller. The recent years saw the growth in the number of intermarriages among Americans and Thais. Many US citizens have chosen to bring to the US their Thai fiancée or spouse. And more often, the Thai fiancée or spouse has children of their own whom they also wish to bring to the US.
February 2, 2010 By Siam Legal International
As a signatory to the Hague Convention on International Adoption, Thai laws have laid down an elaborate procedure by which foreigners may adopt minors.
January 27, 2010 By International Law Offices
Any jurisdiction provides various laws, rules and procedures to regulate marital relationships. And, what about the persons who do not have the marriage registration? What kind of property rights and obligations do they have in such case?
January 24, 2010 By The Law Office of Carol Ryder, P.C.
Stats on animal abuse show a sharp correlation between animal abuse & other crimes, including rape, robbery, murder, sexual homicide, domestic abuse and more. E.G.: studies show 100% of sexual homicide perps (like Jeffrey Dahmer) started by abusing animals. Even cops, prosecutors & social workers say show me an animal abuser and I'll show you someone with a long rap sheet. Thus, we all need to get behind toughening laws for animal abuse to keep these violent perps locked up longer.
"Chips," as it is called, stands for a Child in Need of Help or Protection. It is codified under Minnesota Statutes Chapter 260C. Such cases can be initiated by the county or an individual and may result in the removal of a child from the family home. As a result, aggressive representation is necessary.
All too often juvenile offense are treated by parents as if they do not matter and hey will automatically be sealed when the juvenile becomes an adult. That is not always the case. As a result, aggressive representation is critical in such cases.
A Termination of Parental Rights may be voluntary or involuntary. All too often parents are pressured into relinquishing their rights based on allegations of abuse, neglect or abandonment. The consequences are significant and long lasting. A parent should never enter into such proceedings unrepresented. The result is often final.
Tribal courts are a similar, but different species,. To understand the laws and the process requires an experienced practioner. Review this article onthe tribal courts in Minnesota.
All too often court orders are ignored. Parenting time orders are modified without consent. What is a parent to do? You do have options. Review this article on remediies to intereference with Parenting time.
January 3, 2010 By Thurman Arnold III
Ask any attorney you interview to explain what they charge, why they charge it, and how they calculate it. Ask them about their training, background, and attitudes towards divorce and family law matters. Here are some useful guidelines for preparing to retain your own family law expert.
January 3, 2010 By Thurman Arnold III
The American model for resolving legal disputes as applied to relationships is defective and inadequate. An adversarial system founded upon conflict ignores the consequences of making a contest over every issue to individuals and to families. There is a growing number of lawyers who realize why they became family law professionals in the first place - something in them resonated and empathized with the suffering, confusion, and plight of others.
December 30, 2009 By Alter Family Law
What constitutes income in determining a child support obligation? It may be more or less than you think. This article examines what Colorado considers as income in determining child support obligations.
December 28, 2009 By Siam Legal International
It is perhaps a play of irony that a Thailand prenuptial agreement is best appreciated when the marriage that gave birth to its existence has finally expired.
December 1, 2009 By Siam Legal International
Signing a prenuptial agreement is now a common practice and is considered legal in most countries. While many nations prefer to be governed by their customs and traditions in their marital relationship, a growing number of them are now recognizing the legal benefits of this kind of settlement as well as the expediency and ease it provides the married couple.
November 30, 2009 By Law Office of Diana M Tennis, P.A.
Despite the revamp of Florida Statute 61 a couple of years ago, most lay people, and even some lawyers, still think Florida has "custody" or "primary residence". These concepts do not exist anymore.
Addresses valuation methods and issues for personal property, investments, real estate, retirement benefits and closely held businesses. The discussion of retirement benefits includes a review of the case law relating to the classification of the marital and non-marital portion of the benefits. The discussion of closely held businesses includes a review of the case law relating to personal and enterprise goodwill.
Addresses the investigation stage of asset valuation in matrimonial litigation. To properly classify and value the parties’ assets, relevant information and materials must be obtained and analyzed. A combination of formal discovery and independent investigations is advocated.
Identifies and explains significant asset valuation issues that arise in matrimonial litigation. The focus is on valuation issues relating to division of assets between the spouses which is governed by Section 503 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). 750 ILCS 5/503.
Absent substantiated claims of abuse by the father or some other significant shortcoming in fulfilling his role as father, the court would not likely approve a substantial reduction in his time based upon his children expressing a preference for their mom. At least not for kids under 15, which is when the court begins to defer to the wishes of the child.
Divorce is, quite literally, a termination point. A union of two lives, whether over several years or just a few months, comes to an end with the strike of a judge’s gavel. At that moment, one road travelled together ends and two new roads must be built and navigated separately.
One of the hardest things about divorce is its cost, not just emotionally and psychologically, but in cold hard cash. A typical scenario is a husband, wife and two attorneys. Add the expense of outside experts if there are disputes over who can better parent their children or the valuation of an asset such as a business that one or both owns, and the bottom line is fees well into five figures for each party.
Involving the police usually solves the problem, if the police will intervene on your behalf. Sometimes, though, they are reluctant to step into what they see as a squabble between private parties, not realizing that their reluctance emboldens the recalcitrant spouse to push the envelope further.
A parent that willfully refuses to return a child at the time indicated in a valid court order, without good cause, commits a Class D felony of child abduction punishable by up to four years in prison.
A wage assignment is a great first step for anyone with a delinquent “ex”, particularly one that’s steadily employed for someone else. And, for the person with limited means needing comprehensive assistance, CSE can’t be beat, although their high caseload often means it can take 6 to 9 months or more for CSE to execute their administrative options of tapping into someone’s wages or placing a lien on their bank account.
Stepparents, grandparents, siblings and others parenting children not their own were especially vulnerable should the child’s natural parent(s) decide to end that relationship. Today, the rights of “third party parents”, especially grandparents, are afforded more protection than a generation ago, but these rights still remain distinctly subservient to those of the natural parents.
With the way human reproduction works, there is rarely controversy about the mother’s identity. The birth certificate states who is the mother. But, dad’s identity can be subject to question, even in seemingly stable relationships. When that question arises, the only conclusive determination is through testing matching up the DNA characteristics of child, mother and father.
“Should I move out?” I hear this often from those contemplating divorce. Typically, it’s the husband asking and he is initiating the divorce. He is worried about giving up his interest in the house, and the right to return.
Family Court judges spend much of their day hearing the awful things warring spouses say and do to each other. They become jaded and are reluctant to penalize one spouse for their misconduct, even when it’s admitted, be it infidelity, excessive gambling, substance abuse, or even abusive behavior, unless it is to the extreme of what they hear day in and day out.
The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. You are not supposed to date if you are married. Judges, however, rarely punish someone who begins dating—sexually or otherwise—once they have physically separated from their spouse.
“Loose Lips”: Close Friends and Some Therapists can Be Forced to Reveal Your Secrets in a Divorce Trial
In Missouri, counselors not a member of one of the classes I’ve named can be compelled to testify about the details revealed in a therapy session, although this occurs rarely and in only the most divisive cases. Further, a conversation with a minister may not be protected if that person is not then functioning as your “spiritual advisor, confessor, counselor or comforter”.
November 11, 2009 By Mikus Law Associates
Texting and driving is a dangerous behavior for any driver. The dangers are exponentially increased when the driver is young and inexperienced.
Custody orders are unique in that they are never final. Child custody orders are temporary in nature and always subject to change if new circumstances affect the welfare of a child. The commonwealth has a duty of paramount importance to protect the child's best interests and welfare, and, that end, it may always entertain an application for modification and adjustment of custodial rights.
The father of a child born out of wedlock may formally acknowledge paternity of the child by filing such acknowledgment with the Department of Health. An acknowledgment of paternity may be considered voluntary and intelligent despite the father's failure to have a blood test performed prior to rendering such acknowledgment.
A person commits a summary offense if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any liquor or malt or brewed beverages.
It is unlawful to manufacture methamphetamine or phencyclidine or their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) in a structure where any child under 18 years of age is present; or (2) where the manufacturing of methamphetamine or phencyclidine causes any child under 18 years of age to suffer bodily injury.
Medicaid is the largest source of funding for medical and health-related services for people with limited income. This nationwide health care program is operated and administered by the states, with Federal financial participation. Within certain broad federally determined guidelines, states decide who is eligible; the amount, duration, and scope of services covered; rates of payment for providers; and methods of administering the program.
Have you ever received a notice from the Social Security Administration saying that you owe them money? If so, you are not alone. I have lost count of the number of Seniors I have had come to me with a ‘bill’ from the Social Security Administration. Some have owed a couple of hundred dollars, others, several thousands. Regardless, the same questions are asked: “How did this happen?” and “What am I supposed to do now?”
Grandparents raising their grandchildren are nothing new; however, the issue is increasingly a focus of the public eye. Since 1980, there have been dramatic increases in the number of children living with and being cared for by their grandparents. Grandparents may resume a parenting role for a variety of reasons, most of which revolve around problems related to the child's parent.
If as the days go by, you discover that the decisions your husband, wife, parent, relative or friend once made, are now being neglected, your assistance may be needed. An adjudicated disabled adult is a person 18 years of age or older who, by decision of a judge or jury, is found to lack the capacity to manage the essential requirements for their own physical health or safety. When a judge or jury finds that an adult lacks this capacity, the court may appoint a Guardian for the disabled adult.
Perhaps, again in your life, the time to search for “Mr. or Ms. Right” has come. Maybe you have already found that magic someone -- but have you considered the legal consequences of love?
October 24, 2009 By Law Office of Richard C. Griesinger
A divorce case in Florida is begun by filing a "Petition for Dissolution of Marriage" with the Clerk of the Circuit Court. If a case is filed in Pinellas County, Florida the case will be filed at either the St. Petersburg Courthouse or at the Clearwater Courthouse depending upon the location of the filing attorney's office. The Respondent - the person served with the divorce petition - must file an Answer within 20 days.
October 23, 2009 By Bertolino LLP
When a husband and wife make the decision that “until death do you part” can no longer apply to their relationship, there are so many emotional decisions that need to be made.
October 21, 2009 By Michael Carabash Attorney
In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.
October 20, 2009 By Siam Legal International
Adjustment of Status is the process when the K1 or K3 visa applicant (either the Thai fiancée or spouse) becomes a lawful permanent resident (also known as a “Green Card” holder) of the United States without leaving the country. For the CR1 and IR1 visas, this process is done when the Thai Spouse applies for a visa at the US Embassy in Bangkok.
Illinois Family Law and Divorce: Calculating Net Income of a Small Business Owner, a Sole Proprieror, or a Shareholder in a Closely Held Business
October 19, 2009 By Law Offices of Michael A. Meschino
Calculating the net income of a small business owner, a sole proprietor, or a shareholder in a closely-held business presents more complex issues than doing so for a W-2 employee. In particular, there are allowances which are permitted as a deduction on a corporate, partnership, or limited liability company tax return which are not necessarily allowed as a deduction in determining the net income of the non-custodial parent.