Divorce Law Articles

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

New Initiative to Overcome Parental Alienation and Protect Children in England

  November 20, 2017     By Giambrone Law
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...
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What to Give Up and What to Fight for in Divorce Proceedings

  November 15, 2017     By Blackford & Flohr, LLC
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

  November 13, 2017     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

  November 13, 2017     By De Borja Lamorena and Duano Law Offices
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?

  November 7, 2017     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

  October 30, 2017     By Grays Chambers
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

  October 26, 2017     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?

  October 25, 2017     By Milligan, Beswick, Levine & Knox, LLP
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

  October 23, 2017     By Schwartz Law Firm
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?

  October 3, 2017     By John K. Grubb & Associates, P.C.
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

  September 25, 2017     By Huesman, Jones and Miles, LLC
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

  September 18, 2017     By Studio Legale Marzorati
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

  September 18, 2017     By Studio Legale Marzorati
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

  September 14, 2017     By Apfelbaum Law
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...

Can I File a Show-Cause Motion for Child Visitation?

  By HG.org
When individuals want visitation rights to their children, they may be confused about the process of going about this. While married parents...

Role of Criminal Charges on Determining Child Custody

  By HG.org
Child custody cases can often become quite contentious with both parents making claims and allegations against the other parent. This strategy...

When Can Alimony Be Modified?

There are three types of alimony changes that can occur, depending on the situation: Change in the amount of alimony paid; An extension in the...

Visitation Options When A Child Will Not Abide

One of the most difficult issues that can arise during a divorce is deciding on a child custody agreement and having your children abide by it....

Child Custody Litigation Preparation

  By HG.org
Child custody cases can be some of the most difficult and emotionally-ridden family law cases. By preparing well before the child custody...

Cyber Harassment Can Now Be Considered an Act of Domestic Violence

The New Jersey Legislature recently added Cyber Harassment to the list of crimes that can be considered an act of domestic violence under the...

How To Appeal a New Jersey DYFS Finding

Following and investigation by the DYFS (Division of Youth and Family Services), they will issue a ruling of substantiated, established, not...

Legal Difficulties of Acquiring Child Support from a Parent Located in Another Country

  By HG.org
Collecting child support from a non-custodial parent can often be difficult. However, when the parents are in other countries, it can be even...

What Happens when New Jersey DYFS Comes to Your House

Getting a call from the Division of Youth and Family Services can be scary and confusing.

Why a Credit Freeze May be Necessary during a Divorce

  By HG.org
While divorce is certainly an emotional experience, the financial impact of this transition can have long-lasting consequences. In some...

Legal Remedies when a Spouse Has Stopped Paying Spousal Support

  By HG.org
When a former spouse does not comply with a court order to pay spousal support, there may be a number of remedies available to the recipient...

What to Look for in a Strong Family Law Expert Witness

  By HG.org
Family law requires knowledge of a broad spectrum of subjects such as divorce, child custody and even separation. An expert in these matters is...

New Jersey Child Born out of Wedlock and a Father’s Rights

Children born out of wedlock are, without a doubt, taken care of by their mother unless the mother names their father or the father himself...

How to Avoid Overpaying Alimony in New Jersey

Alimony in NJ is paid when the divorce proceedings start.

Common Pre-Nuptial Agreement Terms in New Jersey

Marriage is synonymous with trust, commitment and a long term relationship.

What Happens if my Spouse and I Don’t Agree on Decisions about Our Real Estate during Divorce?

  By HG.org
During the divorce process, the spouses may make decisions regarding their property, including how to divide it and how to dispose of it. One of...

When a Person May be Able to Seek Emergency Custody

  By HG.org
Emergency custody usually is granted when there is a danger to the health, wellbeing or life of a child in a marriage or divorce. Typically,...

Timeline from Temporary Orders to Final Orders

  By HG.org
In family court, there are several types of orders that affect different persons in various manners. Some of these are temporary, and it is...

Constructive Spousal Desertion in Maryland

All relationships go through rough patches, but sometimes, it may be too much for a spouse and they decide they want to leave. Spousal desertion...

Effect Of Remarriage on Child Support in Maryland

All parents have a legal obligation to financially support their children, even if those children are not in their physical custody. When a...

New Jersey Child Support Law Effect on Special Needs Kids

On February 1, 2017, the New Jersey child support statute “Termination of Obligation to Pay Child Support” went into effect. Governor Chris...

What to Know about Child Support and Disabled Adult Children

  By HG.org
Child support for fathers and mothers that are required to pay for the primary custody holder is usually based on certain factors implemented by...

Can My Weapons Be Taken if a Restraining Order Is Filed Against Me?

If a Restraining Order is filed against you, the police may confiscate any type of weapon or weapons that may cause harm or bodily injury to the...

What are the Rules about Collecting Child Support from Someone who Receives SSI or SSDI?

  By HG.org
Child support is collected from the parent that earns the most income from work or other projects. The amount and stipulations on what is...

Critical Things to Understand about Spousal Support

  By HG.org
One highly contentious aspect of a divorce is spousal support. Spousal support may be awarded in a divorce action which involves one spouse...

When Nonpayment of Child Support is Criminalized

  By HG.org
The parent with the most income from a career or when taking on financial projects is usually the one tasked with paying child support for the...

The Consequences of Financial Misconduct on Divorce

  By HG.org
It is important to enter into divorce proceedings honestly and with as little complication as possible. This means that animosity should be...

What Can Happen if You Lie about Your Finances during a Divorce

  By HG.org
Most divorce proceedings rely on the documentation from the husband and wife, and these files need to be accurate. If there are any assets or...

Special Considerations in a Divorce Involving an Autistic Child

  By HG.org
There are often certain special considerations when a child with Autism is part of the process. These young persons usually require similar or...

Dividing Assets and Debts in Divorce

  By HG.org
Divorce is often complicated for both parties, and any dependents involved find these situations difficult to cope through. For the assets and...

Do Unwed Fathers Have Parental Rights?

  By HG.org
Even though parents may not be married, they often have more rights than they are aware of when seeking some form of action such as child...

When the State Can Place a Lien on Property for Back-Due Child Support

  By HG.org
Child support is often ordered in a divorce case or paternity action so that one parent provides financial support to the other parent for the...

Can Separate Property Morph into Community Property?

  By HG.org
When a couple is divorcing, they may disagree as to which property is separate and not subject to division as part of the divorce process and...

Annulment in New Jersey

An annulment is an action that negates a marriage. Unlike a divorce, whereby there is a record of the marriage, an annulment treats a marriage...

How Does Child Abuse Affect Custody in New Jersey?

A decision to sever a marriage either by divorce or separation is not one to be taken lightly. While the disbursement of a property is often a...

Can Anti-Depressants affect Custody in a NJ Divorce?

It was only a few decades ago that a minor most likely remained with their mother following the separation and divorce of their parents, with...

Managing New Jersey Parenting Time During a Divorce

The divorce process is difficult for all parties involved, including children. It is important that all parties are able to be civil and show a...

Will Divorce Hurt My Credit Score in New Jersey?

The divorce process in itself will have no impact on your credit score. What can however affect your credit score is the financial actions of...

Administrative Consequences of Not Paying Child Support

  By HG.org
Due to the systemic issue of many children not receiving the support that they are legally entitled to, many states have passed laws that allow...

Role of Prenuptial Agreements and Estate Planning in Second Marriages

  By HG.org
Statistics indicate that many individuals will be in a second, third or subsequent marriage. Getting married the second time around is often a...

What is a Qualified Domestic Relations Order and When do I Need One?

  By HG.org
During divorce, a couple may have to make decisions regarding retirement accounts and how to divide them. Qualified domestic relations orders...

Special Needs Children And Divorce

The end of a marriage is exhausting and often requires considerable effort and planning to make sure a desirable outcome is achieved. This is...

Divorce after 50

Many couples over the age of 50 have growing concerns about divorce, both in terms of its prevalence in their lives among friends and family, as...

4 Ways You Can Hurt Your Maryland Divorce Case

Contrary to what some people may think, there are ways in which parting couples can actually hurt their divorce cases.

5 Key Steps to Take when Divorce Is on the Horizon

If you believe that a divorce may be your best option, it is important to take a few preliminary steps when preparing for the end of your...

Retirement Benefits and Divorce

The United States Supreme Court decided a case involving a military pension which highlights the importance of understanding the nature of...

Divorce as a Financial Transaction

  By HG.org
Divorce proceedings are full of various different transactions, and many persons take the events emotionally and with serious intent. However,...

Options Regarding Spousal Support

  By HG.org
In some marriages, the financial obligation to a spouse outlives the marriage. One spouse may be better off financially than the other spouse or...

Difference between Legal and Physical Custody

A parent is said to have physical custody when he or she has actual, physical custody of marital children on a day-to-day basis. In other words,...

Relocation and Child Custody

Today’s fluctuating job market ensures that people will move multiple times in their lives, but what happens when a couple is divorced with...

Financial Considerations for Divorce

Anyone filing for a divorce should consider his or her financial situation. More couples are deciding to divorce at a late age instead of...

Potential Child Custody Issues for Unmarried Fathers

In New Jersey, unmarried parents have the same custody rights that married parents do. Child support, custody, and visitation are handled in the...

Preparing Financially for Divorce

Most people who go through divorce do not have a prenuptial agreement, meaning that when a divorce takes place, the finances must be divided....

Common Issues in Child Custody Cases

Child custody can be a confusing and difficult process to go through. Many potential problems or concerns may arise during the process of child...

Spousal Support: Distinguishing Fair from Reality

  By HG.org
Spousal support is economic assistance that one spouse pays the other spouse. This amount can be determined by a court or by an agreement...

Divorce In Jamaica

For divorce proceedings to start, there are certain requirements which have to be satisfied. In Jamaica, the only ground for a divorce is the...

Is Adultery a Crime in Texas?

In Texas adultery is a ground for divorce in Texas. Texas laws take adultery into account when it comes to the dissolution of the marriage and...

Initial Considerations after Making the Plunge by Deciding to Get Divorced

  By HG.org
Many people grapple with the difficult decision to get divorced for many months and sometimes years. However, once this decision is made, it is...

How to Prove Financial Disclosures are False

  By HG.org
There are complications that arise during divorce proceedings that often cause one of the spouses difficulty in obtaining the much-needed...

Dividing Retirement Benefits during a Divorce

  By HG.org
In many cases, a person’s retirement account is the most valuable asset that he or she has, even more valuable than a marital home. This makes...

Special Considerations When Divorcing a Narcissistic Spouse

  By HG.org
Going to court for any reason is usually avoided by most individuals. However, when attempting to divorce an individual, it is best to contact a...

Divorce and Immigration

The end of a marriage can be a traumatic event, but it may be doubly so if you are an immigrant whose residency in the United States might be at...

Dividing Assets for Older Couples in Divorce

  By HG.org
Older couples may decide to get a divorce for some of the same reasons as younger people. However, they may also have unique considerations that...

Disestablishment of Paternity: Reasons a Petition May Be Denied under Florida Family Law

Disestablishment of paternity is a process that usually begins when the legal father of a child, who is paying child support, learns new...

Immigrant Abuse Laws in New Jersey

There has been a history of abuse of immigrants who come [to the United States] to work.

What Is New Jersey’s Emancipation Law?

The Emancipation of a child is when they no longer have support and control from either of their parents.

An Unconventional Financial Settlement in a Long Drawn Out Divorce Case in England

The High Court has approved a highly unusual settlement arising out of a long drawn out acrimonious divorce. On Friday Sir Geoffrey Vos,...

Legal Reasons Why You May Want to Deny a Common Law Marriage

  By HG.org
Sometimes people who are leaving a relationship may want to show that they are entitled to greater benefits than a typical person leaving an...

Reasons to Annul a Marriage Instead of Divorce

  By HG.org
Individuals may reach the conclusion that they no longer want to be legally married to another person. When this is the case, there are often...

Convincing the Judge You Can Get Along with the Other Parent in Custody Cases

  By HG.org
Fighting for the custody of a child during or after a divorce is often a harrowing experience for both parents. Each feels he or she is...

Three Priorities for Women Seeking a Divorce in UAE

Divorce proceedings can take an emotional toll on all parties. In our experience, it helps to have clarity of what is important in the divorce...

Preserving Your Assets after Disclosing Them

  By HG.org
Disclosure of assets is usually necessary when in a court case where the information has been required as per the situation. However, protecting...

Prenuptial Agreements: Gaining a Financial Picture Before Marriage

Everyone has their own financial personality. Your spending and saving habits may differ greatly from friends and family. According to a 2011...

Signs that Your Spouse May Be Hiding Property and Assets

Some spouses may be tempted to hide assets during a divorce, so it is important for people to be aware of the warning signs.

Why Do I Need a QDRO in a Divorce?

Protecting retirement assets from unnecessary loss during a divorce may require the use of a Qualified Domestic Relations Order.

Collaborative Law Offers a New, Amicable Way to Divorce in Texas

The ways Americans can get divorced have increased nowadays. No longer is the norm a knock-down court battle, which in contentious divorces can...

Both Me and My Spouse Are in the U.S. on Visas, Can We Get a Divorce Here?

  By HG.org
Many people travel to the United States on visas every year. These are individuals who may plan to stay in the United States for a certain...

Divorce Related Immigration Issues

Divorce proceedings can affect one’s immigration status as well as one’s ability to continue to reside in the United States. In a situation...

Application of Hague Convention on Children in Romania

There have been many articles written concerning the implementation of The Hague Convention on child abduction. All countries have come into...

When One Spouse Takes Advantage of Alimony

  By HG.org
Alimony is usually determined through a number of factors when the couple has dissolved the relationship legally. The funds that are garnered to...

What Is Voluntary Underemployment and What Difference Can it Make in the Final Outcome of a Divorce?

Remember, an accusation of voluntary underemployment must be proven in court and it takes a well trained legal mind to know how to do this to...


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