Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
The definition of criminal domestic violence in Arizona and domestic violence defense.
Georgia's new child support guidelines is based on a "shared income" approach, a departure from the prior statute that calculated the amount based on a percentage of the non-custodial parent, and could drastically affect how child support is calculated.
Though going through a divorce is never easy and is likely to stir up unpleasant emotions at some point in the process, in most instances spouses who are separating are able to do so without intimidation or threats of violence. There will be times that abuse is a reason for the divorce filing in the first place or anger at events that unfold after the separation lead to an unsafe environment for one of the parties involved.
Divorce is the legal process which ends a marriage. The court can grant either a "fault" or "no-fault" divorce. The process begins with the filing of a divorce complaint in the court. A divorce may also include issues regarding division of marital assets, child and/or spousal support, alimony and child custody.
Following a divorce, courts will apportion debt according to the type of debt that it can be classified as this. This is typically separated into two categories: community debt and separate property debt.
There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.
There is nothing more important in your Family Law Matter than the well-being of your children. A close second is continuing to foster and build a strong relationship with your children, even if you are not the primary residential parent. Below we discuss some of the considerations the Courts make when determining the child custody arrangement with the child.
From incompatibility to infidelity, there are different reasons that couples decide to divorce. For many, however, money troubles appear to be the root cause of the couples’ problems.
Divorce can be an emotional experience for both spouses. For children, it can be one of the most difficult periods in their life. When one parent moves away from the other and children are involved, however, the process becomes even more complex.
Divorces are not always simple – in fact, they are often messy, emotional and can be distressing to say the least. For this reason, when facing a contested divorce, it is vastly important that you do not hesitate to contact an experienced divorce lawyer to help protect your rights.
When parents divorce, the Parenting Act of 1987 helps address issues might face concerning their children. Although there many different issues it might help, the blanket issue that it addresses is protecting the best interests of children.
In 2009, Massachusetts overhauled its 22-year-old child support guidelines. A 12-person task force designed the new rules, which have now been in effect for more than one year.
Restraining orders exist to protect victims against an alleged abuser by keeping the abuser from engaging in activities in or near the victim's home, workplace, or other frequently visited places. A restraining order can also give a victim temporary custody of children, in an effort to keep the children out of harm's way.
In 2009, an Arizona appellate court ruled against a woman seeking equal-time visitation rights for the child that she and her same-sex partner had raised from birth. But for gay couples - or any other people who feel they have a parent-child relationship, regardless of legal definitions - the ruling is not all bad news, and may help to clarify the requirements for visitation when same-sex couples break up.
The author talks about the factors that Minnesota Family Law Courts take into consideration when reviewing child support.
Family law relating to Muslims is governed separately from family law relating to non-Muslims in Malaysia.
Don't simply avoiding your child support obligation. If there has been a substantial change in circumstances, you may be able to modify your child support order.
DNA testing is growing in importance in Ontario estate litigation cases. In his analysis of Proulx v. Kelly the author describes how the biological connection impacts on rights in an intestacy and the statutory presumptions of parenthood on Ontario.
The divorce rate has slowed in recent years, but not across all demographics.
The issues involved in merging families can be more difficult when one or both parties to the marriage are wealthy.
Domestic violence is on the rise in Florida and throughout the country. Should you find yourself being accused of domestic violence, these are some basic guidelines to follow.
The adversarial court system in South Africa is often not well-suited for resolving family law disputes.
Although most couples are encouraged to complete an ante nuptial contract before getting married, some couples only decide after being married that they would like to change the matrimonial property system applicable to their marriage. In these cases they would have to complete a post nuptial contract, which is a highly complex procedure.
For some individuals who cannot have their own children for whatever reason, adoption is the best option for them to build a family of their own.
A discussion from a Minnesota divorce attorney about issues surrounding "extra-judicial agreements" and the ability of parents to agree to family law issues outside of the Courts, especially pertaining to minor children.
Although most transfers between spouses or former spouses in the context of a marital dissolution will be non-taxable, there are some important exceptions. These exceptions are discussed below. The importance of obtaining records showing the tax basis in the asset received through divorce is also highlighted.
With continued high unemployment going into its third year, divorced spouses who have child and spousal support obligations might think to revise their support orders.
This article describes an expedited process of divorce available in Florida.
All alimony is not created equal. This article compares and contrasts the different types of alimony awards available in Florida.
HG.org is happy to announce that our legal team is developing an informative new resource, the U.S. Divorce Law Center at http://www.hg.org/divorce-law-center.html. In our continuing effort to provide useful, law-related information to the public, HG.org has resolved to provide a comprehensive Information Center addressing the various divorce laws in the U.S.
Everyone knows that teen drivers are more likely to be involved in accidents, and statistics have long shown that motor vehicle accidents are the primary cause of death among young people. But how do the various dangers that escalate teen accident rates compare?
Finally deciding to end your marriage can lead you to focus on your future. Not knowing what is going to happen next can cause a lot of stress, even if you and your spouse have worked out the details your divorce. You log in to your Facebook account, and post a quick message about how relieved you are that things are finally over.
Holidays and special occasions can be emotionally draining when you are sharing custody of your children. Divorced and separated parents must communicate with even more diplomacy, patience, mutual understanding, respect, and tolerance than married couples planning holiday travel, dinners, reunions and gift-giving. Juggling schedules during marriage is hard, and it only gets harder after divorce.
Four days after a Missouri judge signed an order granting divorce, the mother of a young boy, with the assistance of her new husband, kidnapped her son from her ex-husband's house at gunpoint. They intend to flee Missouri and cross the border into Mexico with the boy in a stolen vehicle. Because the mother and her husband did not have permission to take the boy from his father's home, this was considered kidnapping.
Arizona's controversial immigration bill, SB-1070, has had far reaching consequences for many Arizona residents. That includes undocumented victims of domestic violence who are living in Arizona. These domestic violence victims face a legal limbo: while many may qualify for an adjustment of legal status, they fear contacting police to begin the process, as contacting police may actually trigger their deportation.
In June 2010, the Arizona Judicial Council tentatively approved the Child Outcome Based Support (COBS) model, which addresses this concern by roughly equalizing the incomes of both households. The Arizona Supreme Court has not yet given the guidelines final approval.
In Ontario section 33 of the Marriage Act suggests that the person who breaks up an engagement is irrelevant to a court's determination about who should get the ring. Notwithstanding the legislation, the common law apparently continues to penalize the person who broke off the engagement. The author reviews the law and canvasses some of the academic responses to the law.
Adoption has a long history in world, as it is a process whereby a person assumes the parenting for another who is not kin and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents. Adoption is intended to effect a permanent change in status and as such requires societal recognition through legal sanction. This brief discusses the law of adoption in the Democratic Republic of Congo [DRC].
Congratulations! So you have chosen to marry your lovely Filipina bride in the Land of Smiles. It is definitely the best decision if you are looking forward to a simpler and more straightforward marriage registration procedure. What more, your marriage in Thailand is recognized worldwide as long as long as it is legally registered at the Thai district office.
Getting married in Thailand is fast becoming the trend for couples who are looking for simple and straightforward marriage procedure. This is of course apart from the country's inherent romantic appeal. Vienamese and their fiancees are among those love birds coming to the Kingdom of Thailand to tie the knot. In this article, we will find out how can Vietnamese get married in the Land of Smiles.
So-called "virtual visitation" is poised to revolutionize family courts across America. Technology has done more than widen our social circles - Skype and similar web-based video chat and telephone sites are helping parents keep a meaningful relationship with their children in spite of the distance separating them.
Children don't always understand the consequences of their actions. As a parent, the best way to support your child through court hearings is to know and understand how they work. Here is a brief guide for concerned parents seeking to better know what to expect with their son or daughter's case.
The author discusses factors you should look at before hiring a divorce attorney.
When a foreigner marries a U.S. citizen and is granted an I-551 Permanent Resident green card, often the card is only good for two years. Why? Because they were married less than two years when the card was issued and the U.S. government wants to monitor their case to see if the marriage lasts. When a two year card is issued, it is called “conditional.”
The treatment of California Registered Domestic Partners under federal tax law as compared to spouses is far from equal, but 2010 private letter ruling by the IRS is major step toward the application of federal law in a way that is consistent with the rights granted RDPs under California law.
Child support in Texas can be a contentious issue at any stage of the proceedings. Whether you’re trying to locate the non-custodial parent for Texas child support payments, or you need to make modifications to your child support payments, it can be a volatile subject.
Among those foreigners who come to Thailand to tie the knot are Chinese citizens. These include citizens from Hong Kong and Macau, the so called Administrative regions of China. The Chinese citizen may marry a fellow Chinese, a Thai National or a foreigner in Thailand. To be able to register the marriage under Thai law, the Chinese marrying party has to be informed regarding the documents and procedure for the Thai Marriage Registration.
Five states (Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire) plus the District of Columbia permit same-sex marriage. Three more states (Maryland, Rhode Island and New York) officially pledge to honor out-of-state same-sex marriages. Seven foreign countries also grant full marriage rights: The Netherlands, Belgium, Canada, Spain, South Africa, Norway, and Sweden.
On May 15, 2008; the California Supreme Court ruled in In Re: Marriage Cases to uphold the freedom to marry. As of June 16, 2008, same-sex couples can receive marriage licenses from the state of California. California is the second state in the nation to allow same-sex marriage. Massachusetts was the first in 2004.
Same-Sex Marriage Update.
Recent Legislation, Decisions, and Trends.
In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole. This leaves Florida in a dilemma: it has no parole system. It was eliminated in 1983, on the reasoning that too many former inmates were committing serious crimes after being released early. Now, the state reviews only cases before 1983.
With more people moving between states for jobs and other economic factors, the chances are greater that interstate jurisdiction may become an issue at some point in your Texas child custody agreement. When one parent makes the decision to move out of state, you will need to determine interstate jurisdiction in order to make modifications to your Texas child custody agreement.
Getting married in amazing Thailand is a dream for most couples. Settling in Thailand and starting a family after marriage comes as the next natural thing to do among marrying couples especially those marrying Thai nationals. To ensure the successful realization of these family dreams, it would be prudent to go over the legal issues accompanying your plan of marrying and settling in the Land Of Smiles. This article will address such issues.
Would you know your rights if you were pulled over? Not everyone does. Learn more about how refusing the field sobriety tests might affect you, and how to interact with the police.
The authors discuss modifying a child custody or visitation order in Michigan.
This article examines one of the Medicaid myths regarding eligibility for nursing home payment in Rhode Island.
Issues involved in International Travel of children with parent without custody of children.
The process for determining the age of the child beneficiary – either direct or derivative – under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will freeze as of the date that a visa number becomes available for the petition in question reduced by the number of days that the petition was pending, but only if the child seeks to acquire the status of an LPR within one year of the date the visa became available. CSPA §3; U.S.C. §§ 1153(h)(1) and (2).
One of the most rewarding areas of law practice for my firm is adoption. This article will answer some of the most common questions about stepparent adoption and will discuss adoption of adults as well as minor children.
Texas is one of the few community property states in the country. Community property generally includes any property acquired during a marriage, which may include wages, benefits, real property and even income earned from separate property.
When deciding child custody arrangement, it is important to understand that the court will always decide custody disputes based on the “best interest of the child” standard. With this in mind, remember that there are ways to prepare for custody hearings that may increase your chances of achieving your desired result.
After about a decade of marriage to an "economic contribution" statute, the Texas legislature officially filed for divorce in 2009 and reinstated a "reimbursement" statute. The new reimbursement statute expands the number of situations when reimbursement can be used to recover for monies or talents spent by one marital estate for the benefit of another.
When you’ve been granted custody of your children after a Kentucky divorce you usually must allow the other parent visitation rights. This causes problems when you have to move out of state, as this can be seen as an attempt to deny the other parent’s visitation rights.
Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the person who was served alcohol is underage.
Division of property after a divorce can be extremely contentious and you may need legal assistance to secure what is yours. The author discusses some of the frequent issues that come up during a Dallas divorce.
If you’re a Michigan resident considering divorce, you’re probably filled with questions and concerns. What is the divorce process like in Michigan? What can you do to make it go more smoothly? You may have specific worries about certain parts of the divorce like division of property or child custody.
Divorce law differs from state to state. Some states recognize “fault” divorce, and some offer “no fault” divorce. In states at that permit at-fault divorces, one party must prove the grounds for divorce, such as adultery, cruelty, abandonment, etc.
Later-in-life divorces in Minnesota typically involve financial considerations that require an experienced divorce lawyer. The author discusses those financial considerations.
There is no law allowing divorce in the Philippines. The only remedy available to Filipinos for ending their marriage is Annulment. Take note that his remedy is distinct from Declaration of Nullity of Marriage.
Spousal maintenance, perhaps better known as "alimony" or "spousal support," is sometimes awarded as part of a divorce decree or legal separation agreement.
Gone are the traditional days when getting married meant automatically commingling all money in a common bank account and putting both names jointly on every property title.
When divorcing spouses cannot agree on how to divide their property, Minnesota law requires the court to do so fairly and equitably. But when the major asset is the family business — often a closely held corporation running a retail, service or professional enterprise — assigning a realistic, reasonable value to such a unique enterprise can be daunting.
The Family Justice Center in downtown Minneapolis handles more than 3000 cases each year. With most of these cases being divorces, a study surveying nearly 2500 couples by the University of Minnesota found that about one-third of divorcees are ambivalent about dissolving their marriages.
People facing the prospect of divorce usually find that emotional pain is part of the process. And most are surprised when they discover the financial pain from the experience. Bills and fees add up very quickly when a person pays a divorce lawyer by the hour.
Much to the disappointment of many, the most recent Massachusetts legislative session closed without changes to the state’s alimony laws. Although separate bills had been introduced in both the House and Senate, neither managed to garner sufficient support to pass.
Even though many property settlements are hammered out outside the courtroom, the factors judges use in dividing property affect the relative strength of each side's bargaining position.
Florida law governing what was formerly known as primary and secondary child custody and the concept of visitation changed significantly on October 1, 2008, Chapter 61 of the Florida Statutes now highlights the importance of both parents in a child's life, introducing the concepts of parenting plans and time-sharing.
In the past, mothers have generally gained child custody more often than fathers. Studies suggest this is because of a widely held notion that mothers and children have a more connected biological and nurturing relationship.
In these difficult financial times, some people are attempting to obtain a divorce without the assistance of a qualified attorney in hopes of saving money on attorney fees. However, a divorce obtained without legal counsel may result in an unfair judgment that may cost one or both parties a large portion of what is rightfully theirs.
The author explains the difference between divorce and legal separation in KY.
Elder neglect or abuse can lead to serious consequences, such as bedsores, gangrene, broken bones and hematoma. Left unchecked, the neglect of caretakers can result in death.
Mixed marriages between British and Thai nationals have greatly increased in the recent years. Quite inevitably, divorces have grown in number too.
In a recent Florida Third District Court of Appeals decision, the appellate court struck down a subsection of a 33-year old Florida adoption statute prohibiting homosexuals from adopting. This decision bodes well not only for Martin Gill and his partner, the appellees in this case, but also for a number of same-sex couples who wish to adopt children.
Child Support in Arizona is determined pursuant to the Arizona Child Support Guidelines. The Arizona Child Support Guidelines can be somewhat complex in application where various factors are in dispute. The following is a basic description of how the Child Support Guidelines work for the reader's ease of understanding.
When your marriage has ended and you discover that it is because your spouse has had an affair and/or has fallen in love with someone else, you may be tempted to seek revenge against the person who has “stolen” your spouse’s affections. Before you race off to court, you should check the laws of your state regarding these types of claims, as well as their success rates.
Divorce in Florida is “dissolution of marriage”. When granting a dissolution, the court may issue orders regarding support and alimony; the primary residence, custody, visitation, support, maintenance and education of any minor child; attorney’s fees; and division of property. Any domestic violence protective orders shall be issued as a separate order for the divorce judgment. After obtaining a judgment of dissolution of marriage, both spouses are then considered legally single and unmarried.
An overview of Spousal support and division of property, which are critical issues in a Michigan divorce.
Understanding Texas divorce law can make the progress much less intimidating and give you a sense of control over your future.
The author discusses what to do when child protection service comes knocking.
The authors discuss how not to use Facebook during a divorce.
In California, a divorce is called a “dissolution of marriage” or “dissolution of domestic partnership”. This legal process ends your marriage or domestic partnership, and allows you to marry or become a domestic partner again. In the eyes of the law, you are no longer viewed as a single unit, and you become two separate individuals again.
The author talks about post-divorce modifications.
It often happens that for one reason or another you owe back taxes. The IRS can be relentless in their pursuit for payment. It may seem like filing for Bankruptcy would get the tax man off your back, but this is not necessarily the case. The Franchise Tax Board and the Internal Revenue Service really don't like to lose money.
The author talks about the effect of unemployment on child support.
The authors discuss the special considerations business owners need to be aware of when considering a divorce.
In Illinois, a legal separation and a physical separation are not the same thing. In a physical separation, although the couple lives apart, no legal action has been initiated. In a legal separation, the parties must initiate a lawsuit in court to receive permanent orders regarding issues such as child custody and child support, division of property and debt, and spousal maintenance.
In New York, a legal separation is considered a legally acceptable reason for granting a divorce. This is different from a trial separation, where a married couple lives apart for a trial period to determine if they want to get divorced. This type of separation has no legal basis and cannot be used as a ground for divorce. A legal separation should only be used if you have already made a permanent decision that you no longer want to live with your spouse.
In the ideal circumstance, every child would be connected in some way to supportive parents who are able to provide emotionally and financially for them. But life is rarely so straight-forward and many families are faced with issues of unclear paternity or even disputed paternity.