Send This Site to a Friend » 

Definitions

• Divorce
• Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property.
• Contested
• Uncontested
• Legal separation and Annulment
• Legal separation (sometimes "separate maintenance," "divorce a mensa et thoro," or "divorce from bed-and-board") is a possible step towards divorce under the laws of many countries. A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes.
• Legal separation does not automatically lead to divorce. The couple may reconcile, in which case they need do nothing in order to remain married. If they do not reconcile, and wish to divorce after the statutory time period, they must file for divorce explicitly.
• Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.
• Custody
• Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
• Visitation
• Removal out of state
• Division of property
• Division of property also known as equitable distribution of parties which is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement or by judicial decree.
• Children's rights
• Child support and enforcement
• child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment or dissolution of a civil union and may supplement alimony (spousal support) arrangements.
• Maintenance and alimony
• alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support may continue after separation. Once dissolution proceedings commence either party may seek interim or pendente lite support during the course of the litigation.
• Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.
• Post divorce enforcement and modification
• Paternity
• Paternity is the social and legal acknowledgment of the parental relationship between a father and his child.
• At common law, a child born to the wife during the marriage is presumed to be the husband's child, as determined by law. This well-settled concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child, regardless of whether he is the biological parent or not. The presumption, however, can be rebutted by evidence to the contrary, at least before a court issues a formal adjudication of paternity in the husband's favor, or a duty of support is established by a decree of divorce, annulment, or legal separation. Jurisdictions differ widely on whether, when, and under what circumstances a judgment establishing paternity or a support obligation founded on the presumption can be set aside on the grounds that the husband was not in fact the father.
• In the case of an unwed mother a man may come forward and accept the paternity of the child, the mother may petition the court for a determination if she can identify the likely candidate(s) or paternity can be determined by estoppel over time.
• Rights of each parent
• Rights of children
• Visitation
• Child support
• Grandparent's rights and extended family rights
• Premarital agreements and post marital agreements
• A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage.
• Domestic violence
• Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other. The term "intimate partner violence" (IPV) is often used synonymously, other terms have included "wife beating", "wife battering", "relationship violence", "domestic abuse", "spousal abuse", and "family violence" with some legal jurisdictions having specific definitions.
• Reconciliation and mediation
• Adoption
• Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
• Different jurisdictions have varying laws on adoption and post-adoption. Some practice confidential or closed adoption, preventing further contact between the adopted person and the biological parents, while others have varying degrees of open adoption, which may allow such contact. However, an underreported fact is that open adoptions are not legally enforceable agreements in many jurisdictions
• Partnership agreements

Back to Home Page