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Divorce & Family Law, Divorce, Child Custody, Child Support, Paternity

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Administrative Law, Alimony & Spousal Support, Child Support, Civil Rights
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LEGAL TERMS

MARTIAL MISCONDUCT

See fault divorce.

GUARDIAN

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a '... (more...)
An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a 'guardian of the estate.' An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a 'guardian of the person.' Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.

WRONGFUL DEATH RECOVERIES

After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is i... (more...)
After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.

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.

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.

ISSUE

A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called... (more...)
A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called 'lineal descendants.'

HOME STUDY

An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.

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.

BEST INTERESTS (OF THE CHILD)

The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.

SAMPLE LEGAL CASES

Warlop v. Warlop

... During divorce proceedings, it was shown that the child was not Husband's natural child. Outside of the divorce proceedings, Husband and Wife signed a "Parenting Plan" allowing Husband to visit the child. Following the divorce ...

Smith v. Kintz

... Further, as adduced at the divorce trial, [Relator] is a savvy business man with no less than six businesses, five rental properties and a timeshare and four vehicles. Evidence adduced at the divorce trial displayed his extensive use of attorneys in his holdings and otherwise. . . . ...

In re Estate of Olsen

... husband. Prior to his death, Joseph Olsen (Husband) and Jessie Ann Olsen (Wife) separated and Husband filed a petition seeking a divorce. ... agreement"). Husband died intestate in a vehicular accident before the divorce became final. ...