In the last 39 years, dramatic changes have been made in the laws surrounding divorce and the proceedings that follow in the United States. To understand divorce law you must understand the legalities of these changes. The changes made throughout this time have significantly altered how one may apply for a divorce and how divorce affects both partners and children. In order to apply for divorce or separation, it is very important to understand divorce law basics.
Each state in America has its own specific guidelines surrounding divorce and the process involved – including the division of marital assets, property and children. Until 1970, divorce was globally viewed as social taboo, and discouraged and avoided by the standards of society. To understand divorce laws, you must be aware of the ways in which someone was found guilty in a divorce hearing. Courts in all 50 states only granted divorces on the basis of a marital fault. This could include, but was not limited to: adultery, abuse, mental and physical abuse, or some other form of wrongdoing. The hearing always awarded
Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc.
All courts in the world have reported increase in family law as parties divorce, adopt children, contest paternity suits, etc.
According to family law lawyers, this branch of law is different from the other branches because it touches on sensitive private matters. Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship.
The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society. For example, in societies where same sex relationships
According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law “plaintiff” is the sovereign, which in practical terms translates into the monarch or the people.
The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the ‘actus reus is the unlawful killing of a person, while the ‘mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim’s consent, to prosecute
Filing for divorce does not require justification in many states. However, divorce law varies from state to state, and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Naturally, questions about divorce are among the most commonly asked questions online. Below are a few of the most frequently asked divorce law questions.
Q. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications of the divorce were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, divorce law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.
Q. Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have
Speaking with a family law attorney is a tough decision to make. But even tougher is knowing whom to hire when legal advice is needed. Many people feel desperate and hire the first family law attorney they find in the Yellow Pages. While some people get lucky doing it like this, it is more likely that individuals become frustrated and extremely dissatisfied with the final outcome. This dissatisfaction and frustration can be completely avoided by knowing how to choose the right family law attorney to help.
The relationship between the attorney and the client is a personal one as most family law cases are very delicate and sensitive in nature. These cases deal with marriages and/or children, so it is extremely personal. If an individual is not comfortable speaking about these highly personal matters with an attorney, look for a new one. It is okay to be selective. The attorney needs to listen and provide a feeling of confidence that they are competent and able to properly represent.
When an individual needs to have a surgical procedure done, they go to a specialist, not a general practitioner. The same is true about attorneys. While any attorney
The ever famous quote, “The only permanent thing in the world is change,” may be over used but it is true. Two people who may be very much in love today and so determined to get married and have a family can never be sure of how they are going to be in a few years time. They may be on very good terms today but they could also be the greatest enemies at some point of their lives. Because of this, family law is very important in today’s society. It may not be able to keep a family intact when their individual differences are tearing them apart but it is can help in giving them a civil and responsible end to the relationship.
Family law covers the legal concerns in a couple’s marriage especially when they find it necessary to divorce. A family lawyer will educate both parties about the consequences of divorce and their responsibilities. Family law covers the legal partition of conjugal properties in a way so that the separating parties do not have to fight over it and have an even more intense misunderstanding.
In case the separating parties have children, family
Family law courts take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies, and many such cases related to family.
Family law courts also deal with regular cases relating to criminal laws, property related laws, probation law, trusts, and so on. However, the majority of the cases that come to family law courts are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases. Family law courts are specialized in all the legalities involved in such cases.
As you can imagine, family law courts are some of the most crowded courts in America. They deal with social and economic issues so universal that the courts can hardly bear the brunt of the demand. As a result, family courts are notoriously underfunded. Economically disadvantaged people often get left by the wayside when trying to gain monetary compensation for just
Are you looking for more information on labor laws? If so, you have come to the right place. Throughout this article we will discuss what labor laws are, as well as discuss the different individual laws included within labor law.
Let’s begin by discussing what these types of laws are. Labor laws are a set of legal rules that address the rights and restrictions of working individuals and their organizations. They are divided into two categories; collective and individual. Let’s take a look at each of these categories in more detail.
Collective laws refer to those labor laws that regulate the relationship between employee, employer, and unions. Within collective labor laws, there are 5 sub-categories. These include laws on trade unions, strikes, pickets, and workplace involvement. Trade unions laws, required in some countries, require unions to follow particular procedures before taking specified actions. Strike laws are laws that indicate when a strike is legal and when a strike is not legal. Picketing, a tactic used during strikes to make a the presence of strikers known, also has several legal guidelines that must be followed. Workplace involvement refers to the idea that employers must consult their workers
The idea of investing in real estate has appeal in that it offers a potential supplemental income for the buyer. You may have heard terms like “flipping homes,” where you buy a home at a low price, fix up, and sell for profit; or, you may be interested in buying up property for the purpose of seasonally renting it to part-time residents. However you came to be interested in real estate investments, know that there are a number of laws and regulations, as well as common courtesies, that you should be aware of before you start bidding on contracts.
Let’s take a look at five situations that will require you to understand how real estate law works, and how to proceed during conflicts.
1) Any decision you make regarding a real estate investment must be approved by legal counsel before everything is signed and sealed. If you want to buy a condo, a duplex, or even an entire building, it is wise to have legal representation if you plan to do more with the property than live in it. You will need to be aware of laws regarding tenants and zoning, where applicable.
Real estate or Property law is one of the safest investments and people use it as an investment avenue. It’s not meant for attorneys and estate agents only. Every property investor should understand the basics of real estate law.
A good short note on the law can be of great importance to investors. Investors need to understand it relating to legal procedure that will help in a smooth transfer of title of the property they are acquiring or selling, and other relevant documents and procedures. Investors need to understand the financial implication in acquiring property and the guiding law.
Classification of properties and how basic property laws apply to investors should be the Interest of the investor. The law has different applications to commercial and residential properties and investors/sellers should understand this. The tax laws relating to property are some of the thing that would be of interest to investors. Investors should study taxes on properties; how loans are treated in relation to property law.
Tenancy aspect of the property law should be well understood by landlord/lady who wishes to rent out their property. Investors should not put all their energy on studying the law
Just like any other vehicle on the road, bicycles are subject to a number of traffic laws. Many people are unaware of the existence of such laws or simply choose to ignore them because they view biking as drastically different from driving a car or motorcycle. But while biking is very different from operating a motorized vehicle, they are still a part of the traffic flow when ridden on the streets and for the safety of the bicyclist and others on the road it is imperative that these laws are followed.
A bicycle is classified legally as a vehicle. A person in control of a vehicle that is operating on the street is a driver. Thus, just like other drivers, cyclists must follow all relevant traffic laws. Other traffic laws specific to bikes vary greatly from state to state. States with very high bicyclist populations tend to have significantly stricter laws and ordinances which are also enforced much more uniformly. But despite the many state to state variations, most states require the following of bicyclists:
- Bikes must be ridden on the right side of the roadway unless taking a left hand turn.
- A bike that is operated
Traffic signs or symbols control the flow of traffic, warn the drivers and individuals of hazards ahead, guide and give information to the drivers’ destination, and inform drivers and civilians of roadway services. Traffic signs are very useful to protect the public from accidents and to give full guidance to drivers to avoid a vehicular incident that sometimes causes someone’s death. Most of the accidents of today involve the vehicles and drivers that are reckless.
Before and individual gets their driver license they are undergoing some examinations and practical tests to prove that they are responsible enough to drive a vehicle. It is one way of making the drivers more aware to people that surrounds them and to consequences that they might face if they are involve to an accident. Some traffic signs are using colors to inform the public and drivers on what they are going to do if that color will appear on the traffic light. And people are very aware about these color symbols of a traffic light.
Stop and yield signs. When you see a STOP sign it means that you must stop before any actions or crosswalk or stop line painted
Sometimes even the safest drivers cross the line between legal and illegal driving. While there are a lot of traffic laws that most people agree need to be followed at all times (like stopping at a red light), there are others that are broken by seemingly everyone. When you’re in a hurry, it can be tempting to push the limits of what’s legal, but it’s important to remember that these laws exist for your safety and the safety of others.
Many people seem to take speed limits as “suggestions” and may get frustrated when the car in front of them is actually going the correct speed. When you’re running late, going 30 mph can feel like 10 mph, but you’ll be even later if you get pulled over.
Conversely, driving too slowly can also be dangerous, especially on the highway. Not all states have speed minimums, but if you live in a state that does, it’s important to make sure that you are at least going the minimum, when possible.
2. Rolling through stop signs
Running a stop sign is a terrible idea because it’s extremely dangerous (not to mention illegal).
If you are accused of committing a criminal offence it is important to have the support and knowledge to help you through what can be a difficult time. It is therefore important that you find a criminal law solicitor who not only understands the area law of you are charged with but who can also support you through each stage, whether it be a police station interview, appearance in the Youth Court, Magistrates’ Court, Crown Court or at the Court of Appeal.
Choosing the right criminal law solicitor for your case is an important task, as you do not want to be represented by someone who does not fully understand the areas of law you are charged with. You may also need to work closely with the solicitor so you will need to make sure that you can form a professional relationship with them. So to find the right criminal law solicitor for your case you may want to do some research.
First you should find a number of specialist criminal law solicitors firms that are local to you, and a few that are not – your preferred search engine should help you out here. Look
With all the new information concerning HIPAA, which is scheduled to be fully implemented by April of 2005. you need to be aware of the confidentiality laws that govern your practice. One aspect of confidentiality concerns employment law. There are federal and state guidelines that address employment and discrimination laws.
The common law governs the relationship between employer and employees in terms of tort and contract duties. These rules are a part of agency law and the relationship between Principle (employer) and Agent (employee). In some instances, but not all, this law has been replaced by statutory enactments, principally on the Federal level. The balance and working relationship between employer and employee is greatly affected by government regulations. The terms of employment between management and the employee is regulated by federal statute designed to promote employer management and welfare of the employee. Federal law also controls and prohibits discrimination in employment based upon race, sex, religion, age, handicap or national origin. In addition, Congress has also mandated that employers provide their employees a safe and healthy environment to work in. All states have adopted Worker’s Compensation Acts that provide compensation to employees that have been injured during
Real Estate also called immovable property includes the ownership and possession of land along with anything permanently affixed to that land such as buildings, garages, improvements and buildings. Substances that are beneath the land (such as gas, oil, minerals) are also considered permanently attached. However, other items, which can be attached to the land, but are not permanent, such as mobile homes and tool sheds, are not considered to be real property.
Real estate is often considered synonymous with real property as opposed to personal property, which includes all other property and is also called realty.
Real estate is one of the oldest areas of law and contains many archaic terms and concepts. Many consumers find the unfamiliar terms used in the real estate game trifling confusing when they enter the realty market. However, today we find that many of the rights and responsibilities regarding real estate have evolved and been updated as society has changed.
Owning real property – The real estate law says that when you own property, you have the right to do whatever you want with the land, except what is restricted by the real estate law. You have the right
When I attend seminars, I always feel that I have spent my time wisely if I get that one “nugget” that completely alters my thinking on a subject I otherwise knew well, or opens up a new level of understanding in areas I did not. For this column, I have included several pieces of information and, hopefully, at least one of them will be a nugget for you:
Be aware that your clients may add the name of a son or daughter (or anyone else) to their deeds with respect to homestead property without causing a change of ownership, triggering a new assessment for tax purposes, provided that the owner is listed as both a grantor and a grantee in addition to the child. Clients may find this an attractive option in order to avoid probate.
One word of caution if your clients choose to do this: if the person that was added subsequently files for homestead protection on the property, this will cause a change of ownership that will result in a new tax assessment. F.S. 193.155(3)(a)(3). You also need to be careful to monitor actions taken by the Property Appraiser. Recently,
Are you interested in learning more about traffic law? If so, you have come to the right place. Throughout this article we will discuss what traffic law is, discuss some of the different traffic laws that are enforced, and discuss what to do if you have experienced a traffic law violation.
Traffic law includes a wide range of legal rules that govern traffic and regulate vehicles. The laws are set in place to keep roads safe and to regulate a timely flow of traffic. Traffic laws include, but are not limited to, speed limit laws, drunk driving laws, insurance laws, and parking laws. Let’s take a closer look at a few of these.
Speed limit laws deal with how fast an automobile is allowed to go within a certain area. The speed limit within a particular area will depend on several things including whether or not you are within city limits or whether you are on a highway, and whether or not you are in a school zone. The best way to avoid speeding tickets is by obeying the speed limits posted on the road. What happens if you get a speeding ticket? If you should
Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.
This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.
With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.
A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.
There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on
Writing first class law essays can be a tall order, especially for those new to studying law. In this article, a law tutor gives his tips for writing a high-scoring essay, whatever the question.
Answer the Question
The most important tip, which any of your law tutors will tell you, is to answer the question. This advice seems obvious, but in fact answering the question presented a nuanced exercise. For example, if the question asks you to ‘compare’ two things, and you do not make that comparison the bulk of your answer, you risk losing marks. Similarly, an essay might give you a statement, and ask you to discuss it. For example, if your essay title was: “In the interests of business efficacy, the requirement of consideration in the English law of contract should be abandoned”, you would have multiple parts to answer. Yes, the main thrust is whether consideration should be abandoned, but you must also answer the ‘business efficacy’ part of the question. It may very well be the case, for example, that it is not business efficacy, but legal taxonomy that demands the abolition of consideration. Furthermore, business efficacy will need to be