Posts belonging to Category Divorce Laws

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.”  [...]

BE CAREFUL TRANSFERRING HOME TO THE OTHER SPOUSE IN DIVORCE AGREEMENTS

Most divorce agreements provide that one party retain ownership of the marital home.  The other party “Quit Claims” their interest.  There are some serious matters to consider.  Transferring the home (or a car or any other item) does not relieve the person surrendering the property from liability to the mortgage holder.  This means that the [...]

The Father Absence Crisis Is Rooted In Family Law

President Obama’s Fatherhood and Mentoring Initiative was created to address the growing crisis of fatherlessness in America, a disturbing trend that is rooted in part to the lack of rights given fathers in family courtrooms. Though the messages on Fatherhood.gov are focused on helping dads play a bigger role in their children’s lives, little attention [...]

CAN I BRING A RELATIVE OR FRIEND WITH ME WHEN I MEET WITH MY LAWYER?

The answer is “Yes, but there are a couple of cautionary matters.”  Our firm encourages clients to bring supportive friends or family to interviews, particularly the initial interview.  When people visit their divorce lawyer for the first time, they are usually distraught, fearful and disoriented.  It is usually difficult to think and understand. The initial [...]

New Rules for Ontario Divorce Start Today

As of today, the Ontario (Canada) Government is rolling out an initiative that requires spouses to attend a mandatory information session prior to filing for divorce. The plan to roll out these new divorce rules in Ontario was announced in December 2010 after the idea was tested in Milton and Brampton, Ontario. The session is [...]

Get Adobe Flash playerPlugin by wpburn.com wordpress themes