Family - Blogs
- Family Court: we do not pay for the Transcript
In the recent Family Court case of Oakley and Cooper, the court was at pains to point out that ordinarily it would not pay for the cost of transcript on any appeal. There are usually two key procedural steps to any appeal: settling the appeal book, which is the book setting out all the documents that the appeal court needs to read, and as part of thatobtaining the transcript of the earlier
(September 6, 2008) - Marriage and sex - part two
In the recent Victorian Civil and Administrative Tribunal case of RBA v Victims of Crime Assistance Tribunal, the wife sought compensation for sexual assaults that she said had been committed by the husband. She said, in essence, that at a time that the two of them were using speed, the husband would get the phone to ring in his pocket and persuade her that crime figures would demand that she
(September 6, 2008) - MN Family Court Judge Accused of Ethical Violation for Appointing His Lawyer As Mediator in ...
Minnesota judge goes through divorce. By the end, he owes his attorneys over $100,000. Judge reportedly begins appointing attorney with his divorce law firm to mediate cases on his docket. Nineteen to be precise. The judge had never appointed this attorney to mediate cases on his docket before his own divorce case. The lawyer reportedly was not qualified for one of the appointments. The law firm cuts the judge's divorce legal fees bill by $64,000. There are reportedly e-mails in which the judge...
(September 6, 2008) - Child Support and Child Custody: How They Tie Together
One of the challenges divorcing parents face is negotiating a parenting plan, which includes a schedule of the time the children will spend with each parent during the school year, summer vacation, and holidays. Because child support is tied directly to the number of overnights each parent has with the children, parents frequently have a double agenda when they negotiate a parenting plan, which allocates the amount of time the children will spend with each parent. Under Alaska law, child...
(September 6, 2008) - Rudd to pay for new Services for Children after Separation
Attorney-General Robert McClelland has announced that the Rudd Government will provide $17 million over the next three years to help fund eighteen new services, which will support children dealing with the breakdown of their parents' relationship. These services are part of the Supporting Children after Separation Program, which provides help and support to children whose parents decide they can
(September 6, 2008) - Custody of a Child of Unmarried Parents
From the time that a child of unmarried parents is born until a child custody order is issued by the family court, the mother has custody. As mentioned in a previous post, a Recognition of Parentage signed by both parents provides a basis for an unmarried father to obtain parenting time or custody of a minor child. However, a father who has signed a Recognition of Parentage form must obtain a court order (at a family court hearing, or by stipulation with the mother) for his parenting time or...
(September 6, 2008) - Your Divorce Deposition
One of the ways that information is gathered during a divorce is by a deposition. A deposition is like a job interview in that it is an in-person question and answer session. Unlike most job interviews, when you are asked questions at a deposition you will be under oath. Here in Metro Richmond, there are two types of divorce depositions: no-fault depositions and contested case depositions. A no-fault deposition is used to provide the evidence necessary to finalize a divorce without requiring...
(September 6, 2008) - When to Appeal ?
If you are thinking about a making an appeal, then the following post may be of interest to you. An appeal as a matter of right is allowed from all final judgments or orders so long as this is made within 45 days of the entry of the order of judgment. This means that you can appeal post-judgment motions which are considered final, but cannot appeal interim relief such as pre-divorce "pendente-lite" motions that are not yet final until the divorce. The role of the appellate court is to...
(September 6, 2008) - A condominium bought during marriage is still subject to equitable distribution even though ...
The August 29, 2008 unpublished appellate opinion in Leclair v. Khairzada highlights a misconception that the name on the title matters when it comes to dividing up assets during a divorce. The parties in Leclair married in 2001, then in 2002 the Wife bought a condominium in which the couple lived, paying the deposit out of her money and putting the title and mortgage solely in her name. At time of divorce in 2007 she argued that her Husband was not entitled to any share of the condominium...
(September 6, 2008) - Indiana Law: No-Fault Divorce
Indiana is a "no fault" state when it comes to divorce. This means that regardless of the reason, the couple shall be granted a divorce upon the showing that there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood that the marriage can be preserved. If you are wanting more information on divorce, follow the "Divorce general" link below to more articles on divorces. Divorce in Indiana, and...
(September 6, 2008) - Cohabitation: What Do Ireland and Indiana Have in Common?
Increasing numbers of couples living together and no legal protection for them. The following quotes from The Irish Independent's If we had married, everything would have been split... but now I have no protection at all'. Everyone may be doing it -- but not everyone is doing it successfully. Contrary to popular opinion there is no such thing as a 'common law' husband or wife, and cohabiting couples do not currently have any legal protection. "Common law is a phrase we often hear, but there's...
(September 5, 2008) - Indiana Divorce: Exercising Your Rights to Marital Assets
Marital assets include any property, real or personal, acquired during the marriage, excluding inheritances. Such marital assets are often referred to as the "marital pot," since all such assets are lumped together and considered in the final distribution. If a home or business was purchased prior to the marriage, but has increased in value during the marriage, the non-contributing spouse may be entitled to one-half of the equity that was accrued from the date of marriage to the date the...
(September 5, 2008) - Marriage and sex- part one
Sex as we know can be a lot of fun, but can be at the centre of a lot of misery when marriages breakdown. In two recent cases, it was the nature of the sex that was at the centre of the marriages falling apart. It's also the case that when marriages fall apart, both former spouses and their lawyers typically think that the only ways to get money from their former spouses is under the Family Law
(September 5, 2008) - LawLink
At their invitation, I've just joined LawLink, and had this blog added to their directory. LawLink describes itself as "the first and largest social network exclusively for attorneys in the United States", with over 4,000 members. Recently, however, it opened its doors to lawyers in this country. It maintains a directory of (currently) over 300 law blogs, although as far as I can see there are presently only two UK blawgs in the directory. So, what services does LawLink provide? Well, firstly...
(September 5, 2008) - When to Seek Professional Counseling and/or Therapy During a Divorce Proceeding
Being confronted with the fact that a divorce proceeding has been initiated can certainly be disconcerting and upsetting. As a former nurse and having primarily practiced divorce and family law for over twenty years, I would like to share some of my insights. While some parties may be knowledgeable that this action is taking place, other parties may be absolutely caught "off guard", being unaware that anything was or is amiss. The fact that one party, either Husband or Wife, is placed on notice...
(September 5, 2008) - To avoid future Motion Practice make sure your Divorce Settlement Agreement clearly states what ...
Often during a divorce, there is pressure to settle, make the deal and move on. The result is that a settlement agreement may be hastily prepared or signed with little time for review. However, a poorly drafted agreement may result in future motion practice. An example of this is described in the September 3 unpublished appellate opinion in Quatse. Sixteen years after they divorced in 1991, the parties filed a motion with the Court to determine the wife's share of her husband's pension. The...
(September 5, 2008) - LIFE AFTER DIVORCE – CAN BOTH PARENTS GO TO WEDDINGS, GRADUATIONS, AND BIRTHDAY PARTIES?
The following article is by Washington attorney Karin Quirk. She refers to "cooperative divorce," although we practice "collaborative divorce" in Georgia. The approaches and philosophies appear to be similar and she practices with both methods. Recently while working with a couple to end their marriage I had a sense that something was missing. Through a lot of negotiation and hard work we had developed a parenting plan, support orders and the property settlement agreement. The final divorce...
(September 5, 2008) - A USB Enabled Child
Leanna Hamill over at Massachusetts Estate Planning and Elder Law Blog posted an entry about Project Lifesaver in Hingham, MA. As she says in the article, it's a device that helps locate children or dependant adults. Reading that reminded me of the AMBER alert Child ID Kit I saw a while back on Engadget. I'm not sure how well it works but the concept is sound. In addition, I read an article a while back (site unknown) where it suggested putting just a regular old USB pen drive around your...
(September 5, 2008) - Pendente Lite Alimony (temporary alimony)
Pendente Lite Alimony This is a type of potentially temporary alimony that begins before the divorce is final and/or a property settlement agreement is agreed upon by the parties. The purpose is to keep the status quo until the parties are finally divorced. The awards can be changed by the court or the parties but it is very difficult, as a practical matter, since the judge applies all of the pertinent factors that would be analyzed in reaching a final, permanent alimony. Carton and Rudnick...
(September 5, 2008) - Navigating through Divorce - Understanding Legal Jargon
All professionals fall into the habit of using language that only they understand; lawyers are no different. As you navigate through the divorce process it is important to understand what common legal terms mean. If you are ever in any doubt, don't be afraid to ask your attorney to explain them until you understand. Here are some common legal terms that you will encounter during a divorce. Your attorney will be able to guide you on the terms that apply based on the facts in your case, and how...
(September 5, 2008)