Helena Family Law Lawyer, Montana
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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1-5 of 5 matches. Page 1 of 1
Karen Amy Pfeifer
State Government, Family Law, Credit & Debt, Collection
Status: Inactive Licensed: 38 Years
2400 Greyson Ct, Helena, MT 59601
Profile LAWPOINTS™32/100
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Hilary Joan Oitzinger
Landlord-Tenant, Estate Planning, Family Law, Personal Injury
Status: In Good Standing
30 S. Ewing, Helena, MT 59601
Profile LAWPOINTS™29/100
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Helena, MT 59620
Profile LAWPOINTS™17/100
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24 W 6th Avenue, Helena, MT 59601
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1124 Billings Avenue, Helena, MT 59601
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LEGAL TERMS
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.
ORDER TO SHOW CAUSE
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
INTERLOCUTORY DECREE
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.
GIFT TAXES
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.
TENANCY BY THE ENTIRETY
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.
PHYSICAL CUSTODY
The right and obligation of a parent to have his child live with him. Compare legal custody.
PREMARITAL AGREEMENT
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'
GUARDIANSHIP
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .
SAMPLE LEGAL CASES
In re Charles M. Bair Family Trust
... 28 We review a district court's findings of fact to determine whether they are clearly erroneous.
Slauson v. Bertelsen Family Trust, 2006 MT 314, ¶ 10, 335 Mont. 43, ¶ 10, 151 P.3d 866, ¶ 10.
We review for correctness a district court's conclusions of law. Slauson, ¶ 10. ...
Whitlow v. State
... because counsel failed to conduct a 868 thorough investigation of the defendant's background,
not because of any strategic calculation, but because counsel incorrectly thought that state law
barred access ... [EF]: Yes, I read about it in the papers and discussed it with the family. ...
Modroo v. Nationwide Mutual Fire Insurance Company
... an insurance contract presents a question of law, which we review for correctness. Wendell, ¶
10. The medical payments endorsement defines "Insured" as "1. You while `occupying' or while
a pedestrian, when struck by any `auto.' 2. If you are an individual, any `family member'. ...
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