Divorce Law Articles

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

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...
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Effect of New Illinois Child Support Law on Business Owners

  February 16, 2018     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

  February 12, 2018     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

  February 7, 2018     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...

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

  February 6, 2018     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...

Mandatory Mediation in California Divorce

  February 6, 2018     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...

How is Property Divided in a California Divorce?

  February 5, 2018     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

  February 2, 2018     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

  January 25, 2018     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?

  January 17, 2018     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

  January 16, 2018     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?

  January 9, 2018     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

  January 9, 2018     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?

  January 8, 2018     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?

  January 3, 2018     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

  January 2, 2018     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?

  December 28, 2017     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

  December 19, 2017     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

  December 14, 2017     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

  December 4, 2017     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

  November 28, 2017     By Arnone & Sicomo
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

  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...

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...

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...

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...


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