Posts belonging to Category Divorce Laws

WARNING: HOMESTEAD EXEMPTION CAN BE LOST IN DIVORCE TRANSFER OF MARITAL HOME

Almost every divorce involves either the transfer of ownership or use of the marital home.  What most people don’t know is that the transfer of either title or use of the marital home triggers a loss of homestead exemption and they need to reapply.  See:Miss. Code Ann Section 27-33-31. [link].  Divorcing persons and divorce attorneys [...]

BEWARE OF MEETING PEOPLE ON SOCIAL NETWORKING OR DATING MATCH SITES

As a divorce lawyer, I am seeing social networking take an ever-increasing role in my cases.  Years ago, I first encountered this when opposing counsel produced a copy of a dating service posting by my client listing himself as single.  Since that time, I have seen many instances of people posting themselves as single, when [...]

Coach Judy’s Practical Tips: How Children Are Effected by Divorce

Coach Judy’s Practical Tips: What to Avoid So Children Can Achieve Success If you could turn back the clock just before the relationship deteriorated or during the legal process, what would you have done differently to save the pain and anger you or your children may be experiencing then or now? Too often, relationship end [...]

CAN BOTH PARTIES GET A DIVORCE ON FAULT GROUNDS? WHAT IF BOTH HAVE GROUNDS?

The question often arises, “Who will get the divorce if both parties are guilty of adultery?” Or, “I might have been guilty of adultery, but she was guilty of cruelty, so that’s why I committed adultery; who will get the divorce?”  The answer is that a court cannot grant a divorce to both parties.  The [...]

ATTORNEYS AND PARTIES BEWARE: AGREEMENTS FOR DIVORCE ON IRRECONCILABLE DIFFERENCES ARE SUBJECT TO COURT APPROVAL

It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support.  Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through.  This obligation [...]

WHAT ARE CUSTODY RIGHTS BEFORE THERE’S AN ORDER?

Before a court has entered some form of order, each parent has equal rights to custody. Unfortunately, if parents choose to, they can play a vicious and destructive game of “keep away.” Sometimes a “keep away” strategy is necessary, but in such cases, court assistance should be sought as soon as possible. Until there is [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

YOU CAN CHANGE YOUR NAME IN YOUR DIVORCE

All too often, a female client will think about changing her name after we have entered the divorce.  She wants to know how to do it.  This is a shame, because it is easy to incorporate the name change in the Order of the divorce with one sentence and it is done!  One consideration for [...]

New Family Law Act in BC– Leads the Pack in Canada

The fact that Bill 16, Family Law Act has been passed is a sign that the traditional system needed reform. The new act addresses some of the fundamental problems in the system and we look optimistically to the impact it has on children and families in general.  I do not think anyone can argue or [...]

CAN WE REALLY RELY ON “PRECEDENT” IN DIVORCE CASES? IS GAMBLING NOW GROUNDS FOR DIVORCE?

Lawyers are taught that they are to rely upon “precedent” in advising their clients and presenting their cases.  “Precedent” means that the matter has been decided a certain way before by a court of authority and it should be decided that way again.  But the truth of the matter is that precedent seems to do [...]

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