Drafting Family Law Petitions

Family Law and the Enforceability of Prenuptial Agreements

Prenuptial agreements in the United States have a long history. There is an obvious competition of interests between the desire of people involved in relationship to regulate their own affairs and the drive the institutions of the state to regulate marriage. Traditionally, the only people that needed prenuptial agreements were wealthy people who needed to protect their assets in a relationship or their estate plan.

The Development of the Modern Law of Alimony

The law of Alimony was decidedly different prior to the passing of the Married Woman’s property Acts in the 1800s in the United States of America. Before this landmark legislation was passed, a woman’s property became her husbands as soon as the marriage began. The concurrent obligation was that the husband had to support his wife.

Residency Considerations in Divorce Law

Before 1970 in the United States, there were a number of states in the United States which required that a person must live in the state for at least 2 years before filing for divorce proceedings. The thinking was that it was necessary for a person to operate as a member of the community in that state before a court could competently exercise jurisdiction over that person. It was also thought that it was beneficial to society for a person to be required to a spend some time in consideration of divorce before in fact undertaking the legal process to…

The System of Fault Based Divorce and Its Decline

Before there was the system of no-fault divorce in the United States, American divorce procedure had been and in instances where the action is for a fault divorce still is based on the adversarial system. The inherent assumption in this model is that there are two parties who are free from fault suing each other in an open court. There has never been in American law a system which allows the parties to have a private agreement in relation to divorce.

No Fault Divorce and Uncontested Divorce Benefits

Although some argue that it is an oversimplification to say that once a no-fault system of divorce is in place, there is no remaining idea of fault, there is now wide acceptance of the no fault system of divorce in the majority of states in the United States. The impact of the Uniform Marriage and Divorce Act has been profound across the country with the principle that property should be divided as a result of divorce without regard to conduct during the marriage become pervasive. However, there are some behaviours which remain conceptualised in the laws of many states that…

How Does the Law of Property Distribution in Divorce Work?

When considering what has happened in the United States in relation to the distribution of property in divorce proceedings, the first necessary observation is that there are in existence two concurrent systems. One is termed the common law system and the other the community property system. The common law property system is based on the evidence of title and where someone holds title to property, they will usually be able to take it with them should the marriage breakdown.

Divorce – The Problem of Obtaining Car Insurance for a Child Who Resides Equally With Both Parents

Children of divorce may spend equal time with both parents which sometimes can create a problem when applying for car insurance. This article offers several solutions.

A Quick Look At How Divorce Attorneys Work In Various States

There are certain details which a divorce attorney will not disclose. This article will discuss on this.

Working Together After Divorce

There are millions of family businesses in the US, and even a buzz-word, “copreneurs,” to describe couples who work together. Unfortunately, with half of all marriages ending in divorce, many of those businesses can end up entangled in the separation process. If people want to keep working together after divorce, there are steps they can take to make success more likely.

Informal Marriage Law, Common Law Marriages and Cohabitation Agreements or Contracts

Informal marriage has often been misunderstood because of the widely held belief that unless a couple goes through a formal ceremony, no matter how simple, with documentation, they are now really married. The commonly held belief in our cultures is also that there no requirements for the establishment of an informal marriage, but that individuals have complete autonomy over their rights and obligations and indeed their choices in relation to the formation of an informal marriage relationship. In reality, informal marriage has a number of requirements and if it is established according to the tests imposed legally, the result is…

An Overview of the Development of the Laws of Divorce

In the United States, the laws which govern divorce have undergone a number processes of change and variation which reflect the changing social fabric of this country and the complex changes in economic, social and political forces that shape the laws of marriage at a deep level. However, an astute observer of marriage law changes will notice that despite major changes in the laws of marriage occurred towards the end of the 20th Century and since this period there has been relative stability. Some scholars attribute this stability to the absorption of feminism into mainstream political thought which occurred late…

How Did the Law of Registered Domestic Partnership Develop?

A registered domestic partnership is a development from the law that emerged around cohabitation agreements and contractual cohabitations. The development of this area of the law represented a leap into the world of state regulated ‘informal’ partnerships. There are a variety of requirements relating to the maintenance, establishment and registration of the relationship and these requirements vary from state to state.

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