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Lawrence R. Metsch

Age Discrimination, Alimony & Spousal Support, Adoption, Administrative Law
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Frank Gonzalez

Adoption, Alimony & Spousal Support, Dispute Resolution, Asylum
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Greg A. Lewen

Divorce & Family Law, Adoption, Child Custody, Family Law
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LEGAL TERMS

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 .

DESERTION

The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home f... (more...)
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.

GROUNDS FOR DIVORCE

Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or ... (more...)
Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or a no-fault divorce.

MARITAL PROPERTY

Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital... (more...)
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.

AMICUS CURIAE

Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.

RESTRAINING ORDER

An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state... (more...)
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.

COMMUNITY PROPERTY

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.

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.

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.

SAMPLE LEGAL CASES

DEPT. OF CHILDREN v. Adoption of XXG

Benjamin W. Bull, Brian W. Raum, Byron J. Babione, Alliance Defense Fund; Buckley & Fudge and Rebecca O'Dell Townsend, St. Petersburg, for the American College of Pediatricians, as amicus curiae. ... Cynthia L. Greene, Miami; Luis E. Insignares, Fort Myers; Scott L. ...

Embry v. Ryan

... Alfred J. Saikali and Daniel B. Rogers of Shook, Hardy & Bacon, LLP, Miami, and Lori Alvino McGill and Elizabeth G. Wright of Latham & Watkins, LLP, Washington, DC, for Amici Curiae, The Center for Adoption Policy, The Evan B. Donaldson Adoption Institute, The National ...

Strand v. Escambia County

... Trust Fund. In conjunction with the adoption of the Ordinance, the County adopted Resolution R2006-96 (Resolution) on May 4, 2006, authorizing the County to issue bonds not exceeding $135,000,000 for the District. The stated ...