Category Archives: Family Law
Estate Issues That Arise From a Divorce
When you are negotiating a divorce, issues of estate planning, wills or trusts may be the last things on your mind. However, estate and planning issues come into play all the time in divorce cases, and many times, problems related to these areas can come back to haunt spouses years after the divorce if… Read More »
Spying on Your Ex Can be Useless or Dangerous
If you are in the middle of a divorce, especially one where agreements are not common and it seems that you and your spouse are fighting about every possible issue, the idea of spying on your (soon-to-be) ex may seem like a good idea. Spying or snooping is especially tempting when there are allegations… Read More »
Dividing Student Loan Debt in a Divorce
In the process of a divorce, not only will assets be divided by the spouses, but so will debts and liabilities. Outside of maybe a mortgage, one of the largest liabilities that a divorcing couple can face is a student loan (which is sometimes even larger than the mortgage). Division is Not Always 50-50… Read More »
Sole Custody of a Child is Difficult to Obtain
In many cases, a parent may believe that there are grounds to argue that the other parent should have no contact with the child or children, and in severe cases, a parent may want the other’s parental rights completely terminated. Termination of Parental Rights Termination of parental rights cannot be granted in a divorce,… Read More »
The Court’s Role in Protecting Children is Broad
A judge and the courts in family law cases that involve minor children play a special role, unlike that which they play in any other type of case. The judge is not just the person who makes the ultimate decisions or decides disputed facts (assuming the parties don’t settle), but the courts also play… Read More »
Parties Seeking More Alimony Than They First Request Must Make Proper Amendments
Unlike child support, which is determined by a formula and where need is not a factor that is considered when making decisions about who pays what, in alimony situations, need and ability to pay are the two most significant factors that a court will consider. Of course, spouses in a divorce are usually left… Read More »
Maine Court Makes Pet Custody Determination
A while ago we wrote about states that were passing laws giving judges the power to make custody determinations when it comes to family pets. Recently, yet another court has made a custody determination as to a family pet. Court in Maine Gives Custody to Animal’s Mother This time, it is a court in… Read More »
Not Every Family Law Obligation Can be Enforced by Contempt
Few things will motivate people to pay support, or otherwise live up to their support obligations, like an order of contempt. A contempt order, as the name sounds, is a declaration that a party has acted contemptuously or in disregard of the order of a court. As an ultimate penalty for contempt, a party… Read More »
There Are No Gender Presumptions WIth Alimony or Child Support
It can be very difficult to get rid of gender stereotypes or common notions of traditional gender roles and responsibilities. One area where stereotyping still tends to be commonplace is when it comes to paying alimony and child support. Many people still think of these obligations as a man’s obligation to pay, and many… Read More »
The Hague Convention Can Help Return a Child Illegally Taken Out of the Country
When a parent takes child out of state without the consent of the other party, or in violation of an existing court order or marital settlement agreement, it is always a concerning situation. Aside from being illegal, and demonstrating a lack of respect for the law or the agreement of the parties, the parent… Read More »
