Divorce Law Articles

Articles written by lawyers worldwide
explaining the different aspects of Divorce.

Mistakes to Avoid While Waiting to Be Divorced

  April 19, 2018     By HG.org
Many spouses are separated while they are waiting to file for divorce or for the legal divorce process to conclude. While physical separation...
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Failure to Contest Paternity

  April 19, 2018     By HG.org
Paternity is a complex matter when the father is unknown or has no certain claim on a child within a relationship or marriage. He may lose...

Failure to Assert Parental Rights

  April 18, 2018     By HG.org
When the father of a child in a marriage or relationship does not assert his paternal rights, he could lose participation in or visitation with...

At What Age Should a Child Have a Say-So in Shared Parenting Agreements?

  April 17, 2018     By McNeely Stephenson
A broken relationship is hard on everyone. When two people have decided to build a life together and made the attempt, having that life ripped...

How Can I Get Child Custody?

  April 17, 2018     By HG.org
When the parents of a child are no longer together, they may disagree about who should have custody of their children. They may think that they...

Back Together with My Abuser – Can I Drop an Order of Protection?

  April 17, 2018     By HG.org
When an order of protection starts, it is possible to drop it based on certain circumstances, but the judge or another judge will still need to...

Uniform Code of Military Justice and In Rem Orders in Divorce Cases

  April 16, 2018     By HG.org
For military service members, each person that serves with the military must follow the Uniform Code of Military Justice or the UCMJ of which is...

How Can I Get Visitation Rights?

  April 13, 2018     By HG.org
Unwed fathers may be able to get visitation rights by presenting a petition to court. This process can be complex and often requires the...

False Allegations of Domestic Violence and the Effect on Child Custody

  April 12, 2018     By HG.org
When the mother or father receives charges of domestic violence, he or she may lose temporary custody of the children in the marriage or...

Prenups - New Albany, Indiana

  April 12, 2018     By McNeely Stephenson
Several recent media reports have pointed out an interesting phenomenon of modern culture: Millennials, the group of young people born beginning...

Four Critical Topics to Discuss with Your New York Divorce Attorney

  April 12, 2018     By HG.org
New York divorce cases can be complex and involve many topics. Each case is unique. It is important to have a firm understanding about the...

Military Members’ Duty to Provide Support

  April 6, 2018     By HG.org
It is often when a military member divorces his or her spouse that he or she must provide support to the other spouse and any children from the...

Who Gets Automatic Custody of a Child if Parents Aren’t Married?

  April 4, 2018     By HG.org
Married parents often have more custody rights to their children than in the situation of unwed parents. It is important to understand what...

Pennsylvania Changes Waiting Time for Divorce

  March 30, 2018     By HG.org
A new law in Pennsylvania is changing the amount of time that a divorce case takes to process. This could have a dramatic impact on divorce...

Split of Military Pensions in Long-Term Marriages

  March 29, 2018     By HG.org
After a military member reaches retirement, he or she may need to split his or her pension with a long-term spouse that is no longer in a...

Title to a Timeshares: Removing a Former Spouse

  March 28, 2018     By HG.org
After the purchase of a timeshare, the couple may dissolve the relationship, and this would lead to the need for removal of the former spouse’s...

Military Divorce and Child Custody: Servicemembers Civil Relief Act Provisions

  March 27, 2018     By HG.org
Child custody can be contentious in any case. However, it can be more complicated in cases involving military personnel because of the...

Acquiring Personal Jurisdiction in a Military Divorce Case

  March 26, 2018     By HG.org
Military divorce cases tend to be more complicated than other types of divorce cases. One of the primary areas of concern and contention is...

Salient Features of the Proposed Divorce Law in the Philippines

  March 26, 2018     By De Borja Lamorena and Duano Law Offices
With the Philippines remaining as the only country outside of the Vatican without a divorce law, the recent passage of a divorce bill by the...

Survivor Benefit Plan Award and Military Divorce

  March 23, 2018     By HG.org
When the military member faces divorce from his or her spouse, the usual process involves survivor benefits, retirement benefits or additional...

New Tax Laws' Impact on Virginia Divorce and Spousal Support

  March 22, 2018     By HG.org
Spousal support helps provide monetary assistance to a spouse who has less earning capacity or income than his or her spouse. State laws...

When to Separate during a Military Marriage?

  March 22, 2018     By HG.org
When a couple is unable to remain together even if there are children in the relationship, it might be time to separate legally and think about...

Pennsylvania Divorce Proceedings with Visitation Rights

  March 20, 2018     By HG.org
When one spouse divorces the other in Pennsylvania, it is important to know what visitation rights are available to the parent without primary...

Legal Options for Child Custody in California

  March 16, 2018     By HG.org
Child custody is often disputes in divorce cases in California. It is common for each parent to believe that the children would be better off...

Military Pension Division in New York Divorce Cases

  March 13, 2018     By HG.org
One of the major issues involved in a divorce case is the division of the couple’s assets and debts. For many couples, a major asset is their...

Considerations before Moving Out of the Marital Home during a Pennsylvania Divorce

  March 13, 2018     By HG.org
When parties are not getting along and contemplating divorce, one of them may move out of the marital home to ease the tension. However, there...

USFSPA: Uniformed Services Former Spouse Protection Act

  March 9, 2018     By HG.org
The intention of Congress in 1982 in creating the USFSPA was to ensure that former spouses of military members receive financial protection...

Problems Involved with Hiding Assets during a Pennsylvania Divorce

  March 9, 2018     By HG.org
During divorce, spouses may try to protect their assets from division by hiding them from the other spouse. This may be easier if the spouse has...

Texas Child Support Modification and Enforcement: Answers to FAQs

  March 7, 2018     By Nordhaus Walpole, PLLC
In Texas, there are strict limits on when parents can petition for a modification of child support. There are also strict penalties for...

Disabled Military Retirees May Pay Less to Ex-Spouses - U.S. Supreme Court Rules

  March 6, 2018     By HG.org
Changes in regulations for various types of pay and compensation reduce or increase often based on the rulings that occur through district and...

New York Family Law Cases: Custody and Visitation

  March 6, 2018     By HG.org
Families in New York face custody battles and considerations with visitation for the other parent due to divorce and separation with spouses....

Will My Ex Have Rights to My Government Benefits?

  March 6, 2018     By HG.org
When a military veteran enters retirement, his or her retirement accounts and benefits may face divisions for any ex-spouses attached to the...

What Does the OPM Have to Do with My Divorce?

  March 5, 2018     By HG.org
Retirement from government work may lead to complications with the division of assets when a federal employee divorces his or her spouse. It is...

Overview of North Carolina Spousal Support Laws

  March 5, 2018     By HG.org
When spouses have disparate resources or earning ability, North Carolina have the power to better equalize these disparities through the award...

North Carolina and the Divorce Process

  March 2, 2018     By HG.org
The divorce process is an important procedure in each state, and in North Carolina, citizens should understand what is necessary and how to...

Custody Battles and Family Law in California

  March 1, 2018     By HG.org
Fighting for the right to raise a child in California occurs frequently due to the divorce rate throughout the state and the country. However,...

Does My Civilian Spouse Automatically Get Full Custody?

  February 28, 2018     By HG.org
Before the divorce becomes final, it is important for a parenting plan’s creation to occur between the two parties for the time and educational...

How Retirement Accounts Are Divided in a Georgia Divorce

  February 28, 2018     By HG.org
Divorce is often a complex process that involves legal obligations, emotions, logistical concerns and other stressful considerations. Although...

Do I Need a Subpoena in My California Divorce?

  February 26, 2018     By HG.org
Sometimes in a divorce case, a person must prove something about the other party. Sometimes, this evidence cannot be gathered absent a subpoena...

How the Equitable Distribution Process in New Jersey Works

  February 23, 2018     By HG.org
New Jersey uses equitable distribution when dividing the property between the spouses. This principle recognizes that each party is due a...

Modifying Parenting Plans Years after a Divorce

  February 23, 2018     By HG.org
Parenting plans setup through the courts by judgment may change depending on certain factors when both ex-spouses are willing to alter previous...

How Long Do I Have Military Tricare after a Divorce?

  February 23, 2018     By HG.org
When divorcing a spouse, an individual in the military needs to update the Defense Enrollment Eligibility Reporting System first and then ensure...

How to Start a Divorce in Georgia

  February 22, 2018     By HG.org
Individuals who want a divorce in Georgia must follow certain steps to complete the legal process of getting a divorce. They must also take...

Important Issues to Discuss with Your New York Divorce Lawyer

  February 21, 2018     By HG.org
Divorce processes are often complex and difficult depending on how much emotion involved in the proceedings interferes with the resolution....

Is My Husband’s Military Pension Considered Marital Property?

  February 18, 2018     By HG.org
When military personnel marry someone, these individuals may face their pension or other benefits becoming part of the marriage with...

The Five Types of Spousal Support in California

  February 16, 2018     By HG.org
California provides for various types of spousal support when couples separate or divorce in the state. Divorce is often an expensive...

Effect of New Illinois Child Support Law on Business Owners

  By HG.org
Illinois passed a new child support law that became effective on July 1, 2017. The new child support law makes it simple to calculate child...

Survivor Benefit Elections in Georgia Divorces

  February 16, 2018     By HG.org
Survivors of a spouse or divorced spouse that dies are not uncommon, and these monetary benefits may transfer to the previously married...

Cheating and Alimony in North Carolina: Does It Matter?

  February 15, 2018     By HG.org
When a husband or wife cheats on his or her spouse, there are instances where divorce will occur and alimony is part of the resolution to the...

Prenuptial vs Property Settlement Agreements under Cypriot Family Law

  February 15, 2018     By Antonis Paschalides & Co LLC
Differences between prenuptial and property settlement agreements under Cyprus Family Law.

Virginia Grounds for Divorce

  February 15, 2018     By HG.org
Virginia recognizes both fault and no-fault grounds for parties who want to get divorced. The grounds that a spouse alleges will depend on the...

Physical versus Legal Custody in New York State

  February 13, 2018     By HG.org
New York recognizes two types of custody: legal and physical. Either or both types of custody may be sole or joint in nature. Additionally, more...

20 Factors New York Courts Consider When Determining Spousal Support Calculation

  February 13, 2018     By HG.org
After New York courts have determined that spousal support should be paid, they consider the following 20 factors in determining how much...

What States Allow a Common Law Marriage?

  February 13, 2018     By HG.org
When living with a romantic partner, it is possible for common law marriages to occur through time that may affect both parties in different...

Steps to Take to Secure Your Family Law Goals in Florida Cases

  By HG.org
Some steps that you should take to secure your family law goals in your Florida case include:

Who Gets the Family Pet in New York Divorce Cases?

  February 8, 2018     By HG.org
It is common in divorce cases for spouses not to agree on how to divide their property. They may also disagree as to which party should have...

How Illinois Businesses Are Evaluated in Divorce Cases

  By HG.org
Illinois is an equitable distribution state, meaning that if a couple gets a divorce, their assets and debts that they accumulated during the...

Will Adultery Affect My Alimony Award in New York?

  February 7, 2018     By HG.org
Many cheated-on spouses feel that they have been irreparably harmed and disrespected in their marriage and that they will be able to get...

Mandatory Mediation in California Divorce

  By HG.org
Some processes for California divorce require mediation before the parties are able to proceed to litigation, if that is even possible based on...

New Illinois Child Support Law Establishes How to Deal with High and Low Incomes

  By HG.org
Illinois adopted a law, effective July 1, 2017 that changed how child support is to be calculated. The state now uses an income sharing method...

How is Property Divided in a California Divorce?

  By HG.org
When a person goes through a divorce in California, there are certain processes that may transpire differently than in other states, and it is...

Understanding How a House Is Treated in Virginia Divorce Cases

  February 5, 2018     By HG.org
Divorce usually leads to a division of property with a judge overseeing the matter and determining if any other processes are necessary between...

Things You Should Not Do During a Divorce

  February 5, 2018     By Kalish Law Texas
Some things may negatively affect your divorce case.

Filing for Divorce When also Filing for Bankruptcy

  By HG.org
Going through a divorce is often difficult and may become a tricky and emotional affair, but doing so while also filing for bankruptcy is enough...

Unique Issues Involved in Same-Sex Divorces in North Carolina

  February 1, 2018     By HG.org
Same sex marriages are not recognized in North Carolina, and this causes severe complications for the married spouses when they need to dissolve...

Presumption of Significant Parenting Time in Illinois Child Custody Cases

  By HG.org
Divorce and separation in the United States often results that a child of divorce usually winds up with less contact with at least one of his or...

Washington DC Child Custody Arrangement Options

  January 23, 2018     By HG.org
Child custody arrangements are often difficult to manage when both parents are attempting to acquire primary custody. There are diverse options...

Who Gets the Dog in a Divorce in Illinois?

  By HG.org
While much attention goes to child custody determinations in Illinois divorce cases, a subject that can be just as contentious but that does not...

Differences in Legal Fathers and Biological Fathers and Their Legal Duties

  By HG.org
There are differences in legal and biological fathers, and the legal duties of each are different as well which may affect the family unit,...

What is a Rehabilitative Divorce?

  By HG.org
A rehabilitative divorce is one in which rehabilitative alimony is paid to one spouse. This type of alimony can help a spouse regain his or her...

Evaluation of Spousal Support Under Current Law in Illinois

  By HG.org
Illinois lawmakers passed a modified version of spousal maintenance law in 2015. Many cases under the previous law are coming up for maintenance...

Are Frequent Incarcerations a Basis for Annulment?

  By HG.org
Like a divorce, an annulment dissolves a marriage. However, there are many differences between divorce and annulment, including the grounds for...

DNA Showed I Am Not the Father – Can I Get Child Support Payments Reimbursed?

  By HG.org
As unfair as it may seem, there are many times when a person is not the child’s father but is still held responsible for child support, even...

Biological Parents Unfit – Can I Win Guardianship of My Grandkids

  By HG.org
When the biological parents are unfit to take care of their own children, it may be time for the grandparents to step in and acquire...

Do I Have to Pay Child Support for a Child that Is Not Mine?

  By HG.org
When a marriage ends, it is expected for the father or mother to pay child support to the parent that earns less income and is taking care of...

Using Deemed Income and Imputed Income to Determine Child Support in Texas

  By HG.org
The Texas Family Code provides for the ability of a family law court to consider deemed income as part of the calculation of a parent’s net...

Tax Ramifications for Separated Spouses

  By HG.org
When spouses have legally separated, it is important to ensure that the taxes are filed appropriately for each individual or as a couple if one...

How Child Support Is Calculated in Texas

  By HG.org
In Texas, both parents are expected to contribute financially to the children they bring into the world. One parent may be ordered to pay child...

Marriage Annulment in Italy

A decree of nullity of marriage (commonly synthesized as “marriage annulment” or “Sacra Rota annulment”) corresponds to the decree of nullity of...

Can I Get Alimony in My New Jersey Divorce?

  By HG.org
When spouses are going through divorce in New Jersey, they may wonder whether they may be able to receive alimony. Alimony is not awarded in...

How Is My 401(K) Divided in New Jersey Divorce?

  By HG.org
Some spouses in New Jersey are surprised to learn that their retirement accounts are subject to division during a divorce. The accounts are in...

New Initiative to Overcome Parental Alienation and Protect Children in England

A new approach to the problem of parental alienation by one parent against the other is being trialed by the Children and Family Court Advisory...

What to Give Up and What to Fight for in Divorce Proceedings

Divorce stresses you mentally, emotionally, and often physically. You are tired of the conflict, and just want the process over. In divorce as...

Determining the Value of Real Property During Divorce

  By HG.org
When a couple initiate divorce proceedings, it is important to determine the value of property in the marriage so that it may be divided evenly...

Divorce in the Philippines: A Legal History

To date, the Philippines stands alone in the world as the only country that has yet to allow for absolute divorce. Malta, another staunchly...

Active Duty Service Members – Where Should I File for Divorce?

  By HG.org
When someone is part of the armed forces, there are unique rules regarding the divorce process that apply to the servicemember and his or her...

In Search of Equality and Fairness in Rights of Marriage and Divorce for Muslim Women in Bangladesh

Bangladesh is yet to adopt a Uniform Family Code on Marriage related laws. The legal system, which is based on common law applied during the...

Children Affected by Cult Actions

  By HG.org
Cults are led by fanatical leaders that charm and direct followers to various actions that may include violence against others. However, the...

Bird Nesting Divorce Plan: Is It a Good Idea?

Bird nesting is a term derived from the actions of divorced parents who co-parent from a single home living with their children, instead of...

When Divorce Extends Beyond International Borders

Divorce is never simple. Even divorce and family law cases where both parties agree on what the outcome should be require poring through complex...

I’m Getting Divorced, What Do I Do with the Credit Cards?

A common question that is received is what happens to credit card debt when you get a divorce.

Divorcing a Spouse with a Mental Illness

Mental health issues are widespread nowadays and have been discovered to be a leading cause of divorce.

How To Prevent an International Child Abduction of a Minor in Italy

When a parent suspects that the other parent (genitore) may illicitly carry away from Italy abroad their child (figlio) or he/she is afraid that...

What To Do If an Italian Child Is Carried Away Abroad Without Previous Express Consent of Other Parent

Discovering that his/her own child (figlio), Italian and resident (residente) in Italy, has been carried away abroad by the other parent without...

Child Custody and Housing Options

  By HG.org
Traditionally, child custody was given primarily to one parent – usually the mother – and the other parent would have some form of visitation....

How Do Divorce and Annulment Affect the Immigration Process

Divorce or annulment of marriage can cause some complications with the status of a green card holder. If an immigrant has obtained a permanent...

Hague Convention’s Impact on Child Custody Cases

  By HG.org
The Hague Abduction Convention has been included with various countries as a treaty about child custody and abduction to include the United...

CJEU Rules Child’s Physical Presence Is Condition for Habitual Residence

  By HG.org
Court of Justice of the European Union has ruled in 2017 that when a child is living in a residence for a continued period, this is considered...

How a Family Law Lawyer Helps Divide Complex Assets During a Divorce

  By HG.org
When going through a divorce, it is best to ensure a family law lawyer has been hired to assist with the proceedings. These professionals have...

What Is Post-Secondary Child Support?

  By HG.org
Post-secondary support for a child is when, through a court order, a parent paying support to the primary custody parent continues to provide...


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