Posts belonging to Category Divorce Laws

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 [...]

IMPACT OF GAY MARRIAGES AND ADOPTIONS IN STATES THAT DO NOT PERMIT IT

A wide range of complicated legal issues sit upon the horizon in the clash between States that allow rights for gays and States that don’t.  The wall seems to have fallen blocking gay marriage, and those married in States where it is legal will be moving into States where it is not.  With regard to [...]

MISSISSIPPI IS THE FIRST STATE TO ALLOW A DIVORCE SOLELY ON THE USE OF MARIJUANA

Mississippi Code Section 93-5-1 (Rev. 2004) lists “habitual and excessive use of opium, morphine, or other like drug” as a ground for divorce. A grant of divorce on this ground requires the plaintiff to establish that the spouse’s drug use was (1) habitual and frequent, (2) excessive and uncontrollable, and (3) that involved opium, morphine, [...]

WHEN THE POST DIVORCE SITUATION CHANGES, DON’T WAIT TO CONSULT A LAWYER ABOUT CHANGING THE ORDER OF DIVORCE

I have witnessed countless times when the situation of the parties and the children changes after the divorce and the parties do nothing to change the Oorder.  This often leads to unfair results down the road.  Many times, the parties are getting along quite well and agree on changes, but that does not mean there [...]

WILL THE POLICE HELP? IT’S A TOSS UP.

There are many occasions when police are called upon to help in a domestic situation.  The most obvious situation is a marriage argument or fight. Another common situation involves one spouse trying to leave the home and take personal possessions. I have had experience with many different situations and many different police officers and departments. [...]

DOES A SPOUSE HAVE A CIVIL SUIT FOR DAMAGES FOR DENIAL OF SEXUAL RELATIONS?

Here is a link to an article describing a successful suit by a French wife against her ex-husband for failure to perform sexually during the marriage.  She was awarded the equivalent of $15,000 US. At first blush, this action seems preposterous. However, a look at law in Mississippi provokes some thought as to whether or [...]

YOU CAN’T PLAY GAMES WITH “CLEAN HANDS DOCTRINE”

The “clean hands doctrine” requires parties to comply with all of their obligations under an order before filing a Motion for Contempt or to Modify against the other party.  This doctrine is a fundamental element of family law practice.  You have to “do right” to be able to ask that the other person “do right.”  [...]

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