Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
In cases of divorce one of the issues that can occur is whether or not spousal support should be awarded. In order to properly make a decision a number of items will be weighed to choose if one of the spouses has a right to support. For many people when their marriage ends they are shattered not just from the emotional strain but the worry of how they will continue on and support themselves.
Congress will soon be considering a bill aimed at better protecting the child custody rights of military parents. The proposed new law, called the Service member Family Protection Act, would prevent family court judges from basing child custody decisions solely on service members’ past or future deployments. The bill seeks to amend the Service members Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.
In practice, Kentucky courts give slightly weaker emphasis to the law which appears to grant visitation rights to grandparents. Grandparents who are primary care providers for their grandchildren are given equal consideration under the law by the courts when the court determines custody issues.
New Hampshire has long since recognized the privileged nature of communications between husbands and wives. However, with the widespread use of electronic communications, it has become unclear whether such communications remain within the realm of “marital confidences”.
It is good to go through life staying positive, but at the same time you have to be aware of certain dangers that exist and take precautions to protect yourself. This can become even more important as you consider the eventualities of aging.
Senior citizens and elders are increasingly victims of scams. Abuses by attorneys in fact are among the worst. Elder Financial Abuse: Power of Attorney Scams - How to protect seniors from abuse of a power of attorney by family or friends, and how to spot this type of financial abuse.
If you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
Prenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
One thing to consider when contemplating the contingencies of reaching an advanced age, is the possibility of being unable to handle your day-to-day needs on your own. The likelihood of a stay in a nursing home or assisted living community may be the first thing that comes to mind. These options exist, but there are some pitfalls that go along with these types of facilities.
A divorce is one of the most stressful events that may occur in a person’s life. Many people do not know how to focus their energy and can feel lost during their divorce proceedings, but it is extremely important not to get discouraged. There are a few things that you should try to do or avoid during the divorce proceedings in order to help keep your sanity.
For our clients whose assets are sizeable, we understand that there are specific issues that will arise during a divorce. Complex financial holdings and property division must be reviewed carefully in order to create an equitable distribution of assets. First and foremost, any prenuptial or postnuptial agreements must be reviewed.
When the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
Ratification of Settlement and Separation Agreements - As an alternative to divorce, married couples often opt to enter into s separation agreement without dissolving the marital relationship. There are countless reasons why a married couple may choose separation over divorce.
Some parents think that getting their spouse to agree to joint legal custody during a divorce means an end to the bickering over decisions in their child(ren)’s lives: obviously the parents will discuss and reach important choices together, come to an agreement like adults, and move forward for the best interest of the child(ren), right? Wrong. Do not succumb to the deceptively sweet sounding siren song of “joint legal custody” without knowing the law.
Pennsylvania parents who owe back child support and who receive checks from the federal government may see less money each month due to a cost-saving change to be made by the Treasury Department nationwide. Beginning in March of next year, the Treasury Department will begin paying federal benefits electronically, rather than by paper check.
By Jaburg Wilk
Determining the valuation in divorce proceedings can often be contentious and difficult. There are three approaches to value any asset, business or business interest: 1) the asset approach, 2) the income approach and 3) the market approach. By: Mitchell Reichman
There are many questions that arise when it comes to Child Support. Parents wonder how taxes will affect their Child Support, and how will their child be divided for the Child Tax credit between the two parents.
When you are considering the eventualities of aging it is important to understand that there is a good possibility that you will need living assistance at some point in time
After dissolution of marriage by divorce 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.
In social life it is expected that one person help another person in times of need. Especially members of a family are more intimate than any other persons. So they maintain one another. Such social values are backed by law.
In Ethiopia, there are three forms of marriage. i.e. civil, customary and religious marriages. But the effect of dissolution of all forms of marriage is the same.
After a divorce involving underage children, many parents would love an equal 50/50 split of time would be spent by each parent with each child. However, a myriad of conflicts may prevent this from happening. Some conflicts can be avoided or rectified, whereas others may be permanent obstacles around which both parents must navigate.
By V&T Law Firm
The Supreme Court issued a Judicial Explanation recently over Marriage and Divorce Law. There is a clause which may have substantial influence to expat who is ready to get married in China.
Getting divorced in Virginia can be a complicated endeavor. If you have children, assets, or any other likely points of dispute you should contact a Virginia divorce attorney for women. If you're getting divorced in Virginia, you might be wondering whether you need to hire an attorney. While the idea of having a Virginia divorce attorney for women on your side can seem appealing, you may not know much about working with a lawyer and be unsure of what to expect.
Many of people do not know when the proper age is that a child is able to help in the decision of with which parent they will claim their primary residence.
In America today, marriage is common, however divorce is very common as well. Some factors that help to prevent divorce are: religious beliefs, a college education, a good example from the parents, and even waiting until the age 25 to marry.
Going through a divorce can be a challenge emotionally all on its own, but add to the fact that you are leaving an abusive relationship and an entire new set of emotions comes into play as well. People tend to have their reasons for staying in an abusive marriage such fear, money, children, family, and many other reasons. This can lead to quite the emotional rollercoaster once a person is working toward freeing themselves of that abusive relationship.
If you are considering filing for a divorce, the spilt of the relationship is not the only aspect that will be affected. Families will also have to make decisions regarding child custody and visitation.
A prenuptial agreement is a document that defines how a couple’s assets and property will be divided if the marriage happens to end in divorce, or in the case of a death of one spouse. Prenuptial agreements are filed before the couple is married as opposed to a post-nuptial agreement, which is essentially the same document; however it is filed while the two people are married.
In the past month, lawmakers in the state of Colorado have vocalized concerns that too many youth are being charged as adults, and they are now trying to scale back the authority that prosecutors have in the state. Colorado prosecutors have always been able to charge juveniles as adults when they commit serious crimes because of a process called a “direct file”.
Divorce brings up a number of issues that will need to be discussed and decided upon. The recent case of a divorce in Hollywood has illustrated the complexities that can be involved as well as the important choices such as how the parents will no divide custody over their children.
A prevalent issue in today’s society, many women face the devastating effects of domestic violence. Many are taking action to stop this atrocity, including some members of Hollywood’s elite. It was shock to many when allegations of Chris Brown and Rihanna having a violent dispute broke out. Pictures flooded the news of the young and hopeful star badly bruised from the beating she had suffered.
While divorce can be extraordinarily stressful for the parties, for children it is often even more difficult. Children of divorce often blame themselves and wonder if they somehow caused the divorce. This makes it very important that you let your children know that they did nothing wrong, the divorce had nothing to do with them, and both parents will always unconditionally love them.
The former governor Arnold Schwarzenegger and his wife of over 25 years say they have no plans to reunite despite recent reports that they may have been seeking counsel and are trying to resolve their marital problems. The couple has been spending time together with their children which spurred on the rumors of reconciliation, however, sources claim that they are a family despite the divorce case and they will continue to parent their children together.
Tip 1: Consider the children. When people with children from a previous relationship get married the new spouses automatically become entitled to a portion of the other's estate. This can impact how much the children stand to recover. You can use a prenuptial agreement to waive your right to inherit from your spouse and ensure your children aren't left out in the cold.
Alimony, the payment of income to a former spouse is can be an important revenue for many who have grown dependent on their former spouse. To handle the differing needs, legislators are constantly observing it to determine the best way to distribute it. Many people have heard the statistics on the divorce rate at this point.
Elderly driving – is it impacting our roadways and causing the accident rate to increase? Learn more about the potential dangers and threats that elderly drivers possess when behind the wheel. You’ve heard the stories of being “cut-off” or “rear-ended” by an elderly driver, yet you wonder if these drivers are truly posing a threat to other drivers on the road.
Answer: Though prenuptial agreements are available to any couple, those entering into a second marriage or who already have children, stand to benefit the most by making sure a good prenup is part of their estate plan. Once you get married in Arkansas, you are automatically entitled to a portion of your spouse's estate when he or she dies.
Long-term care is extremely expensive and the fact is that Medicare does not pay for it. So, if you truly want to be prepared for all the eventualities of aging you are going to have to be proactive about addressing these potential expenses.
More than half of births to U.S. women under 30 are outside of marriage. This cultural shift has many implications for child custody issues. The number of single mothers in the United States has been on the rise for quite some time. In 1970, approximately 2.8 million single mothers had custody of their children. By 1995, this number had nearly tripled.
Generally, Florida courts will uphold nuptial agreements if entered into and signed properly. This extends to both prenuptial (before marriage) and postnuptial (after marriage) agreements unless one party can prove there was no full disclosure of financial assets or that he or she signed it under duress, fraud or mistake. In the absence of extenuating circumstances, courts will uphold them. Courts will also allow spouses to waive their inheritance rights through nuptial agreements.
You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse contact. If you inform the collector you are represented by a bankruptcy attorney or other counsel, the collector must contact your lawyer rather than you.
An article from the bench, bar and parenting coordinator. Honorable Judge Mary E. Staley - For the sake of their children, divorcing parents must communicate with each other in a healthy manner concerning parenting issues. This poses a serious problem for the approximately 20-30% of divorcing parents who exhibit high conflict behaviors. Research indicates that unrelenting parental conflict is the most common cause of poor adjustment in children following a divorce.
Sometimes the relationship between an unmarried mother and Father falls apart before the child is born. In such a case, either parent may be forced to turn to the Courts to determine paternity and child support. Which begs the question: Can a party file a paternity action before the child is even born?
Paying spousal support to your former spouse after marriage can be an emotionally and financially painful experience. And if a divorce is imminent, she will come at you asking for the kitchen sink. Below are some tactics and techniques that you can use to reduce alimony payments in your divorce case.
Every year, thousands of people are arrested for domestic violence, many of which cases lead to divorce. If you or your child is a victim of domestic violence, an attorney can help you get a restraining order and file for divorce. Domestic violence refers to violence that happens in the home, between family members, or people who live together. It often occurs between spouses, parents and children, ex-couples, people who have a child in common, roommates, or other family members.
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Law.
While most men do not mind supporting their wives during marriage, the thought of continuing the financial support months or years after the marriage ends can be difficult to swallow. Luckily, there is something men can do to minimize, if not eliminate, their alimony payments.
It can be extremely difficult to how to navigate through your divorce without a little bit of help. Below is a guide of what should you expect, and ways to help making the entire process go a little bit more smoothly.
Every year, elder abuse affects hundreds of thousands of older people. Many of these victims are frail, vulnerable and helpless against their abuser. Our nation’s elderly are men and women just like us who have lived their life to the fullest. They are not just elder adults, they are people with feelings, emotions and self respect. Unfortunately, every year hundreds of thousands of elderly adults fall victim to the abusive behaviors of their caregivers, nursing homes and even family members.
Divorce is a painful and complicated process, and when children are involved, it is that much more complex. The parents must come up with a workable and hopefully satisfactory parenting plan, which can be easier said than done. The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs.
More and more couples are choosing to create a prenuptial agreement before becoming married. If you are planning on getting married in the near future, is this a necessary step for you? What are the benefits of a prenup? A prenuptial agreement, or prenup, is a legal document which stipulates the rights of each spouse. This could be in regards to property and other assets or it could be in regards to children.
These days it is not uncommon for divorce agreements to contain provisions requiring parents to pay for their children's college education; however, often their financial obligation is capped at "SUNY", that is, the cost of a public university.
Many divorces are far from clean and easy. Many spouses try to hide income and assets so that they are not considered during the divorce proceedings. Here are a few simple ways to discover hidden assets of your spouse.
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.
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!
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.
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.
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.
Cruel and Inhuman Treatment - this breaks down into either physical cruelty or mental cruelty. Mental cruelty requires a course of conduct likely to have physical manifestations and physical affects upon the innocent spouse. (New York Domestic Relations Law, Section 170.1)
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.).
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.
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.
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.
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.
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.
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.
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.
While it can be devastating to discover that your spouse has been unfaithful and broken his or her vows, laws are increasingly finding such information irrelevant. Most heartbalm statutes have been eliminated across the country, limiting the rights of the aggrieved spouse to seek compensation from the adultery partner.
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.
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.
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.
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.
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.
“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?
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Understanding the Importance of Defending Yourself against a Protective Orders
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.