Family Law Articles

Interpretation of the Illinois Child Support Guidelines. Determining the net income of the non-custodial spouse is rarely an easy task. Unsettled issues such as the deductability of non-reimbursable business expenses require that the custodial parent's attorney exercise greater due diligence in the discovery process.

Because divorce is such a catastrophic experience for children and because divorcing parents have had little to no training in how to be effective parents during the divorce, a crash course in parenting through a divorce is often necessary. While more comprehensive education is needed, this "top ten list" offered by the American Academy of Matrimonial lawyers is an excellent place to start learning how to parent during a divorce.

Unfortunately, Dallas Divorce Attorneys as well as Fort Worth divorce attorneys learned that such "winner take all" conflicts at the courthouse did not lay the foundation for effective co-parenting post-divorce.

Collaborative law is based on the realization that the commitment by the parties in a family is that it is in their best interest to avoid going to trial.

In America, at least 50% of marriages end in divorce. Some people may find that a shocking statistic. Some may think it is something to be ashamed of. I see it as a simple fact of modern life.

There are times when divorce becomes inevitable for a married couple.

Michigan probably will not grant same sex couples the right to marry in the near future. So we start by accepting what is. We embrace it by accepting it fully, for this is the only way we can take productive action.

Shifting the focus away from our own bottled up, negative emotions to help another with their challenges can be a pathway out of our own grief.

Why should you hire a divorce attorney?

"Divorces don't wreck children's lives - people do!" - Vicky Lansky

Can I get a legal separation in Texas? No. Texas does not currently have provisions for filing for legal separation.

Choosing a divorce attorney in Houston can be a difficult process because there are so many, but it is critical that you do find a family law firm that fits your needs.

Many Americans currently oppose same-sex marriage, but the trend is towards increasing acceptance. A recent Gallup poll found that 40 percent of Americans support marriage for same-sex couples. However, the poll found that 55 percent of Democrats and 59 percent of 18- to 29-year olds think same-sex couples should be permitted to marry.

Licensed to Practice Law in California and the Philippines

Estate Planning lawyer Robert Mansour asks if you and your spouse pass away leaving minor children, have you selected someone to serve as their guardian? Have you chosen someone to manage their finances? Robert serves Saugus, Castaic, Valencia, Newhall, Canyon Country, Stevenson Ranch and beyond.

This article discourages litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

U.S. citizens looking to bring their partner into the country on a K Visa must decide whether to apply for the K1 or the K3 Visa. The answer to this will depend on the particulars of each case, but knowledge of the differences between the K1 and K3 will be helpful for unsure applicants.

Unfortunately, the reality in our society is that we cannot rely on the promise of a lifelong marriage. The United States currently has the highest divorce rate at about 50 percent for first marriages and almost 70 percent for remarriages. If you live in Florida, the picture becomes even more bleak.

Arizona provides limited rights to grandparents seeking visitation, custody and adoption of their grandchildren. In our society, grandparents often fill important roles in the upbringing and care of their grandchildren. Further, in the current economy, grandparents may be in a better position financially to meet the basic needs and provide the necessary comforts to their grandchildren.

As a general rule, you are liable for those debts you incur. If you and your spouse have a shared credit card in both of your names, you are both liable for the debts. If your spouse takes out credit cards or loans but you are not named in the credit or loan documents, you are generally not personally liable for this debt.

Family legal issues are rarely easy matters. They usually occur during particularly difficult and emotionally trying times in people's lives - when they are seeking to separate from their spouses, when they are fighting for custody of their children or when they are dividing up a life they have spent years building.

Protecting your financial interests between the time you file for divorce and the time the divorce is finalized

Whatever the intent of the parties, the language of your judgment should be clear and precise to avoid problems in the future.

Thaddeus Jimenez was arrested for murder when he was 13 years old. At 14, he was sentenced as an adult to spend 50 years in prison for the crime.

Years ago during the child support court call, the obligor explained to the judge that his support should not be based upon 20% of his net income because he had other children to support. It turned out that he had six children with five mothers. This would certainly be bar exam material if the topic of a question were “prior obligations”. That particular father’s persuasive personality had created an algebraic, if not social, mess.

There seems to be a perception in our society that marriage is no longer a sacred commitment and getting a divorce is as routine a legal procedure as writing a will. But anyone who has actually been through a divorce knows that it is not an easy time in your life and the decision to finally part ways with your spouse is not made lightly.

This article will discuss the rights of non-custodial parents in New York, and how a recent court decision limited those rights even further.

Experience and training in MBA techniques may help you to resolve the complex financial and business issues that arise in divorce litigation, including division of marital property, professional practices, business valuation, executive compensation, child support, spousal support, alimony, settlements and prenuptial agreements.

Analysis of case law dealing with the valuation of a professional practice in a family law action, including good will by Christopher C. Melcher.

How-to-guide to cross examine a custody evaluator by Christopher C. Melcher. A discussion of the rules of evidence in California relating to psychological opinion testimony.

Discussion of the business valuation standards adopted by the AICPA, including valuation methods, by Christopher C. Melcher.

In-depth analysis of how to draft a valid premarital or prenuptial agreement in California by Christopher C. Melcher.

Permanent Residence Through Marriage

Modern science has given infertile couples the opportunity to enjoy the fundamental right of parenting children. This has spawned a new area of the law that is challenging, complicated and fascinating to those of us who practice it.

Modern science has given infertile couples the opportunity to enjoy the fundamental right of parenting children. This has spawned a new area of the law that is challenging, complicated and fascinating to those of us who practice it.

Undertaking legal action to contest a will or trust is a step most of us will never have to take. However, if you suspect that your loved one's will is not what he or she intended, there are several things that you can do legally to correct the situation.

Why Modify a Custody Order

She sat across from her friend quietly as they drank a mid-morning coffee. Now and then she would look up and sigh. “Every day seems longer than the day before,” she said.

You have probably heard about the story of a famous Filipino actor who became an “instant” U.S. citizen. His case caught the imagination of so many Filipinos. Suddenly, they began building their family tree, wondering if the branches would lead back to America. But more than the desire to go to America, there is really something wonderfully exciting about learning your true heritage.

Parents may not be able to prevent teenage drinking, but can take steps to prevent teenage drunk driving and reduce potential personal liability.

If you are caught or your car is pulled over and you have in your possession marijuana or other illegal drugs in New Jersey, the first thing to know is what your rights are and what will happen to you.

If you married a foreigner and live with him abroad, if your child was born on the territory of the other state, and if the marriage relations became worth, morally you must be ready that in the future you can run into such concept as an illegal moving of children.

As our society continues toward mobility and connectivity, the changing concept of visitation moves with it. Job relocations and remarriages, as well as tough economic times, have increased the possibility of a parent seeking Court permission to remove a child or children from the State of Illinois. How do we, as lawyers, address the issues of parenting over distances? Virtual visitation is one such possibility.

"How do I love thee? Let me count the ways". Elizabeth Barrett Browning So you are in love and have stars in your eyes. It seems so unimportant at the time of your upcoming nuptials to talk business, but it is a necessary part of your upcoming marriage.

With all the turmoil that has taken place in the financial markets, many Naperville residents question what distribution they must take out of their IRA by law this year. In the past years, once a retiree attained the age of 70 1/2, that retiree was required to take a distribution from the IRA each year based on the life expectancy tables provided by the IRS, whether they desired to take the distribution or not.

A marriage agreement is an agreement of persons, incoming in marriage, or it is an agreement of the married couples, determining property right and duties in marriage and in the case of divorce. By its nature it is the variety of civil legal agreement, possessing a certain specific. This specific is that a document consists in the field of marriage-domestic relations and has certain subjective composition.

Although IRMO Best, 228 Ill.2d 107 (2008), has sparked a plethora of articles, seminars and discussions concerning the initial appellate court holding essentially barring the use of declaratory judgments to determine the validity of premarital agreements and the subsequent Illinois Supreme Court reversal of that decision, the query is whether petitions for declaratory judgment are worth prosecuting from a practical point of view.

In 1991, in response to a growing number of domestic violence cases the New Jersey legislative enacted The Prevention of Violence Act. Through the Act, the state sought to protect its most vulnerable citizens, including women, the elderly and the disabled.

The criminal law practitioner should approach with caution issues involving searches and seizures where there is alleged to be client "consent." How many times have we heard the police officer say – "I asked the suspect if I could search his car and he said "yes"?

The current state of child custody/time-sharing laws in Florida.

Be smart and follow these seven ways to financially protect and prepare yourself for an imminent divorce situation.

In Canada, Ontario’s legislation discriminates against common law spouses’ inheritance rights. The purpose of this article is to examine the options open to a common law spouse who finds herself disinherited.

How do I love thee? Let me count the ways. Elizabeth Barrett Browning

When “I do” becomes “I don’t” married couples face agonizing emotional and financial quandaries. What do we do with the kids, the house, the dog, the boat, etc. How do we divide up our investments, retirement accounts, real estate, etc?

The United States economy is currently experiencing a significant recession. We are all affected by the recession, and many news outlets and economic forecasters have warned that the recession will get worse before it gets better.

The marital residence is an important part of the assets in a divorce. How that asset is divided can significantly impact the financial health of the parties in a post-divorce world. Review this article on dividing real estate in divorce.

In any divorce case, there is usually a division of assets and a determination of each person's responsibility for debts. Every state has its own law regarding non-marital claims relating to property division in divorce. Understanding your state's laws can be critical to presenting a compelling case.

Understanding Fault based and no-fault divorce systems for divorce.

Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case. Review this guide to defending against false allegations.

Understanding the custody evaluation and how to interact with the evaluator or Guardian Ad Litem may play a crucial role in your custody case. Review this comprehensive guide.

Mediation in divorce is compulsory in many states. Understanding the process can be a critical part of any divorce case and can save parties thousands of dollars in legal fees.

Asking serious questions about how you see finances in the marriage partnership may save you pain and money later - and might even save your marriage.

Important issues in custody determinations when one parent seeks to relocate with minor children.

"Alimony" is the term used in many states for financial support paid to a ex-spouse after a divorce. In other states the term "alimony" has been replaced with the term "Spousal Maintenance" or "Spousal Support" or "Family Support." The terms, however, are synonymous.

Valuing a business in a divorce is an important part of the property division. An error may affect a party significantly resulting in a loss of thousands, tens of thousands, or, in some cases, more. Understanding the importance of a valuation and how it occurs is a significant part of your case.

In January 25, 2006, Wisconsin became the second state in the country to pass a law allowing Judges in family court cases to allow virtual (computer) visitation.

Any divorce matter may be resolved before trial with the parties reaching an agreement on the issues. If the parties are unable to reach an agreement on all issues, those issues that remain disputed would go to trial. That means, you can resolve portions of your case and save some time and money associated with a trial and try only those issues that remain disputed.

Michigan family law attorney Tim Ash explains how the new child support guidelines are generally more equitable, but produce complicated financial incentives that may not support the best interests of children.

New child support guidelines became effective in Michigan. Family law attorney Tim Ash shares his insights regarding the effect they will have on your family.

There are several problems with Florida's broadly defined statutes and procedures regarding injunctive relief in Domestic Violence cases. These laws and procedures actually prevent wrongfully accused individuals from receiving a fair hearing and punish the innocent without event he benefit of a trial.

In an effort to avoid the costs and time involved with a Florida probate case, many families rely on techniques that that they hear about from friends or that were used by previous generations. Often this causes problems for the individual and their families

How a juvenile legal problem is handled can have a significant impact on a family hopes and dreams. The first consideration in the aftermath of a juvenile crime crisis is to protect children from detention. Helping them stay in school is a close second in priority. Given the stakes, this is not the time to delay retaining the best legal defense as quickly as possible, or attempting to do-it-yourself.

Collaborative Law is a new and alternative process where both parties and their legal counsel commit themselves to resolving their differences justly and equitably without resort, or threat of resort, to the courts. It is suitable for many types of law but most often occurs in the domestic area. The State of Texas passed legislation regarding Collaborative Law in 2001 (Family Code Section 6.603) and Texas was the first state to pass such legislation.

The following is a guide to the new Guardianship options for Foster Parents and their children in Cork and throughout Ireland following the Child Care (Amendment) Act 2007.

Florida, unlike states such is California, is not a Community Property state. In a Community Property state, most of the assets acquired during the marriage are owned jointly between spouses. In a divorce the assets (and liabilities) are to be split in half between the parties.

In Florida, a divorce is called dissolution. Florida is a no-fault state, requiring only that the parties show that their marriage is irretrievably broken. There is no legal separation in Florida. Florida also does not recognize common law marriage.

The author examines the recent homeschooling court victory for parents in California. While he concludes that parents of homeschooled children can rest easy for now, he also warns there may be further court rulings and regulations to come in the future.

The divorce process begins as it usually does- with court approval.

Divorce is a very trying time; that is often overwhelming and confusing. The legalities of divorce vary state by state.

The author reviews the recently announced changes to the divorce court rules and considers how the new rules will affect Family Law clients in Ireland.

It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause.

Prosecutors will tell you that criminal sexual assault and criminal sexual conduct does not occur in public. As a result, there are seldom witnesses and it is necessary to protect victims making allegations. However, is the nature of the offense truly a basis to permanently mar an innocent; defendant's record in a country where we have a strong presumption that the individual is innocent until proven guilty? Review this article on allegations of criminal sexual conduct.

Drug offenses come in many varieties with one common factor, the penalties for a conviction are severe and may result in lengthy prison sentences and fines. An aggressive defense is necessary. Review this article related to drug charges and their defense.

False allegations of assault occur regularly and a conviction may result in serious penalties including collateral consequences that may not be readily apparent. Review this article on assault and its defense.

What many people do not understand is that they may control their divorce process. Depending on the path they choose, they may be able save thousands of dollars on legal fees and reduce the length of time before a divorce is ultimately granted.

Finding an experienced attorney for your family law matter requires asking specific questions to determine which attorney may be right for you. Choosing the wrong attorney may ultimately cost a party in the end.

Preparing for a divorce may save thousands in legal fees and expedite the proceedings.

Prenuptial Agreements are critical for parties with premarital assets. Asking serious questions about how you see finances in the marriage partnership may save you pain and money later-and might even save your marriage.

Obtaining permanent residence even if you entered without inspection or your marriage crumbles. This article is to be limited in scope and covers briefly the Violence Against Women Act (VAWA), as it pertains to immigration law only.

The Romanian divorce procedure is defined in the Romanian Family Code. A foreign citizen living outside Romania, married with a Romanian citizen before of Romanian authorities can divorce in Romania.

We used to live in the swiftly developing society. Puritanical rules have been replaced by morality liberty. A person is burdened by the freedom of choice. We are free to choose religion, place of sit and solemnization. In this article we shall answer the most frequently asked questions covering all crucial issues of international marriage. If you make the most out of these materials, it will help you to make an easy choice.

Top 10 questions to ask a divorce lawyer in the first consultation.

If estate assets are located in Germany, German probate law applies. The article gives an introduction to German probate law.

Got Engaged this Past Valentine’s Day: 7 Legal Issues to Address Before Saying “I Do”

A description of how a paternity suit proceeds in California.

A description of a California legal separation, and how to determine if it is right for you.

A desription of how the California divorce process works, from the filing of a divorce until the entry of judgment.

Moving overseas for love creates particular dangers when children are born overseas and a romance then falls apart. Expatriate parents may find that they are unable to take the kids back to a parent's home country. International child custody laws may create serious problems. International family lawyer Jeremy Morley explains.

Divorce is never easy. That is why the Dominican fast divorce is the best, easy and highly confidential way to get through it with minimal damage, so you can move on with your life as fast and as painless as possible.

The Top 15 Signs of Infidelity. Justin Hodson with Hodson and Associates explains the signs of a cheater.