Separation and Divorce Information
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Legal Separation
Indiana Legal Services, Inc www.indianalegalservices.org Legal Separation I am thinking about divorcing my spouse, but am not sure if I should. Is there anything else I can do? Yes. You can file a legal separation from your spouse. You can do this when you don’t want a divorce, but you cannot currently live with your spouse. What is the difference between divorce and legal separation? Divorce is when a judge legally ends your marriage. Legal separation doesn’t end the marriage. The court can, however, issue orders like the ones issued in a divorce case concerning property, debts, and children. A legal separation is like a “temporary divorce.” How long does a legal separation last? A legal separation can last up to one year. After one year you should be ready to decide if you want to get a divorce or get back together with your spouse. If either spouse files for a divorce during the legal separation period, then the divorce case will take over and the legal separation will end. All orders of a legal separation end when the legal separation ends. What do I have to do to get legally separated from my spouse? You need to file a Petition for Legal Separation. In your petition you will need to tell the judge the reasons why you think you and your spouse cannot currently live together. Either you or your spouse must be a resident of Indiana, and a resident of the County where you file, for six months before you file the petition. -
Domestic Partnerships Benefits: Redefining Family in the Work Place Steven N
Loyola Consumer Law Review Volume 6 | Issue 2 Article 4 1994 Domestic Partnerships Benefits: Redefining Family in the Work Place Steven N. Hargrove Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Steven N. Hargrove Domestic Partnerships Benefits: Redefining Family in the Work Place, 6 Loy. Consumer L. Rev. 49 (1994). Available at: http://lawecommons.luc.edu/lclr/vol6/iss2/4 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Domestic Partnerships Benefits: Redefining Family in the Work Place by Steven N. Hargrove I. INTRODUCTION tion.4 Insurance plans alone, includ- The complexity and diversity of ing health insurance, constitute six what constitutes a "family" is ever- percent of total compensation costs.' changing. Today, the traditional no- Gay men and lesbians feel discrimi- tion of mother, father, and children nated against by not being able to does not exist in the majority of house- enroll partners in insurance plans or holds. Only 22 percent of America's take time off to care for an ailing 91.1 million households fit the tradi- partner. Domestic partnership provi- tional description of married, hetero- sions lessen the economic discrimina- sexual, two-parent families.' Instead, tion resulting from the ban on same- families consist of a wide range of lifestyles and living arrangements, including: working single-parents, Since lesbians and gay men foster parents, step-parents, unmar- are not allowed to marry, the ried heterosexual partners, homo- push for domestic sexual partners, roommates, extended partnership benefits in the families, and unmarried couples liv- ing together with children. -
Report by the Committee on Matrimonial Law the Association of the Bar of the City of New York
Report by the Committee on Matrimonial Law The Association of the Bar of the City of New York The Case for Amending the New York State Domestic Relations Law to Permit No Fault Divorces Harold A. Mayerson, Chair Eleanor B. Alter, Chair, Legislation Sub-Committee1 November 2004 1 The principal author of this report is Lawrence N. Rothbart. 1 Historically, New York has led the country in legal reform to ensure that its laws protect the welfare of its citizens. However, New York alone is stuck in the past when it comes to one of the most important components of our social fabric -- marriage. Every other state in the United States permits marriages to end without one spouse casting blame upon the other and rehashing the often harsh, painful and embarrassing reasons for the divorce. The fault requirements of the New York State statutes are more than just a reminder of outdated notions of marriage. They have significant financial and emotional costs. A trial on the issue of grounds often costs the litigants thousands of dollars in legal fees, as well as costing the legal system significant court time hearing the details of a marriage which is obviously dead, but may not be entitled to come to an end under the current law. Most troubling, the inability to get divorced may increase incidents of domestic violence and jeopardize the safety and well-being of the spouses. Since 1967 some portion of the Family Law Statutes of the State of New York (the Domestic Relations Law or the Family Court Act) has undergone major modifications approximately every ten years. -
Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law. -
Evidentiary Privileges for Cohabiting Parents: Protecting Children Inside and Outside of Marriage Mark Glover Louisiana State University Law Center
Louisiana Law Review Volume 70 | Number 3 Spring 2010 Evidentiary Privileges for Cohabiting Parents: Protecting Children Inside and Outside of Marriage Mark Glover Louisiana State University Law Center Repository Citation Mark Glover, Evidentiary Privileges for Cohabiting Parents: Protecting Children Inside and Outside of Marriage, 70 La. L. Rev. (2010) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol70/iss3/3 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Evidentiary Privileges for Cohabiting Parents: Protecting Children Inside and Outside of Marriage Mark Glover* INTRODUCTION Unmarried cohabitants have long endured the stigma that accompanies a lifestyle that society deems immoral. Couples who choose to live together out of wedlock traditionally have been ostracized for "living in sin 1 and have been characterized as engaging in "deviant behavior."2 Society's traditional disapproval of this behavior was reflected in the laws of most states, which, prior to the 1960s, criminalized unmarried cohabitation.3 However, "[s]ocial mores regarding cohabitation between unmarried parties have changed dramatically in recent years."4 The once depraved act of unmarried cohabitation has largely lost its moral disapproval.5 Copyright 2010, by MARK GLOVER. * J.D., magna cum laude, Boston University School of Law, 2008. 1. Nicholas Bala, The Debates About Same-Sex Marriage in Canada and the United States: Controversy Over the Evolution of a Fundamental Social Institution, 20 BYU J. -
Divorce & Legal Separation
Divorce & Legal Separation From annulments to divorce, we are well-versed in all areas regarding divorce and legal separation. Working with the business, tax, litigation, securities, and estate planning practice groups, we handle both simple and complex domestic matters. Areas of practice within this arena include: Child Custody & Visitation Rights We work with clients to ensure the best interests of all children are met. Through interviews and court appearances, we make certain no stone is left unturned in these emotional matters. Child Support We believe it is important for our clients who have children under 18 years of age to receive the proper amount of child support entitled by law. Working with both parties, we are able to negotiate fair child support payments for their clients. Division of Assets & Liabilities We make every effort to ensure that clients' separate assets are identified and protected. In this arena, we offer clients the expertise of attorneys from multiple practice areas to address business and tax concerns which so often accompany marital dissolution. Spousal Support & Alimony We realize spousal support and alimony can be a great discourse among couples who are separated or divorced. We work to obtain the most full and fair amount of spousal support and alimony available. In the News OKC Family Law Attorney Gile Family Featured in Journal Record - Family law, all in the family Nicole Longwell joins Hall Estill as Special Counsel, Bryan Lynch and Natalie Sears join as Associates Hall Estill Divorce Attorney Rick Wagner - Change in tax law hastens divorce settlements www.hallestill.com Awards & Recognition 11 Hall Estill Attorneys named 2022 Best Lawyers in America® “Lawyers of the Year” www.hallestill.com. -
CRFR Briefing1final
CENTRE FOR RESEARCH ON FAMILIES AND RELATIONSHIPS RESEARCH BRIEFING NUMBER 6 October 2002 Divorce in Scotland Key Points l Divorce in Scotland has a distinct and long history with divorce available in common law since 1560, and the first statute in 1573. l Adultery and desertion were the only grounds for divorce until 1938 when other fault-based grounds were added. Support grew to move towards a no fault approach in the 1960s and 1970s. l The current law on the grounds for divorce is set out in the Divorce (Scotland) Act 1976, which created a single ground for divorce, namely, the irretrievable breakdown of a marriage. This can be proved by adultery, behaviour, desertion or non-cohabitation for 2 years, or if only one party consents, for 5 years. l In 2000, over three quarters of all divorces were granted on non-cohabitation grounds, compared with half that proportion less than twenty years earlier. l One of the most far-reaching features of family change has been the much greater likelihood of divorce than a generation ago, with divorce today socially commonplace. Divorce and separation, rather than death, is now the most common reason for a child not to live in the same household as both its parents. l Data on divorce is not the only indicator of relationship breakdown, since it will not reflect sepa- rations either in marriages where parties are not yet divorced, or the end of non-marital cohabitations. l Divorce is more likely for those who married young, especially as teenagers, who had cohabited before marriage, either with the person they married or someone else, who are unemployed or on low incomes, whose parents were divorced, or who were previously divorced themselves. -
Effects of the 2010 Civil Code on Trends in Joint Physical Custody in Catalonia
EFFECTS OF THE 2010 CIVIL CODE ON TRENDS IN JOINT PHYSICAL CUSTODY IN CATALONIA. A COMPARISON WITH THE Document downloaded from www.cairn-int.info - Universitat Autònoma de Barcelona 158.109.138.45 09/05/2017 14h03. © I.N.E.D REST OF SPAIN Montserrat Solsona, Jeroen Spijker I.N.E.D | « Population » 2016/2 Vol. 71 | pages 297 - 323 ISSN 0032-4663 ISBN 9782733210666 This document is a translation of: -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- Available online at : -------------------------------------------------------------------------------------------------------------------- http://www.cairn-int.info/article-E_POPU_1602_0313--effects-of-the-2010-civil-code- on.htm -------------------------------------------------------------------------------------------------------------------- How to cite this article : -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- -
Family Law Book
Yukon Department of Justice G u i d e to Family Law Justice Yukon Department of Justice Guide to Family Law 2004 © Yukon Department of Justice 2004 ISBN 1-55362-189-1 Editing: Liz McKee, RumKee productions Design and layout: Patricia Halladay Graphic Design Photography: Cathie Archbould This guide provides general legal information to people involved in separation or divorce proceedings. It is also a useful reference on child custody and access, and on child support or spousal support. This publication is not a substitute for legal advice from a lawyer and it does not provide advice on specific situations. The Yukon Department of Justice suggests that people with legal problems contact a lawyer for advice. Words in bold type are listed, with their definitions, in the glossary at the end of the book, along with other terms used in family law. The Yukon Guide to Family Law is based on the Family Law Guide developed by Family Justice Services Western, a pilot project in Corner Brook, Newfoundland. This guide is produced with the financial support of the Department of Justice Canada. It may be reproduced or quoted with appropriate acknowledgement of the Yukon Department of Justice. Acknowledgements The Yukon Department of Justice thanks Family Justice Services Western, and the Department of Justice, Government of Newfoundland and Labrador for permission to use their Family Law Guide as a starting point for this material. We also thank the staff in the Court Services and Legal Services Branches and the Law Line (the Yukon Public Legal Education -
Covenant Marriage
June 2011 ALSP Law Series Covenant Marriage: Separation and Divorce This fact sheet gives the steps you need to • Physical or sexual abuse of one of your get a covenant marriage divorce in children Arkansas. • Living separate and apart from you for at least 2 years It points out issues for you to think about and • Living separate and apart from you for at choices you will need to make. least 2 years and 6 months, if you have a child Every divorce starts with one person (the plaintiff) • Living separate and apart from you for at filing a complaint asking the court to grant a least 1 year, if you have a child and your divorce decree. The person who files the complaint spouse abused you or the child asking for the divorce is the plaintiff. The person who the divorce is filed against is the defendant. Grounds for Separation The grounds for separation in a covenant marriage To file for a covenant marriage divorce in are stricter than in a normal marriage. You must Arkansas: prove that your spouse committed at least one of these grounds to get a separation: 1. You must have lived in Arkansas for 60 • Adultery days before filing. • Felony or serious crime 2. You must attend marital counseling. • Physical or sexual abuse of one of your 3. You must state grounds. children 4. The grounds must have happened within the • Living separate and apart from you for at last five years. least 2 years • Constantly drinking alcohol for 1 year If your spouse does not want the divorce, then you • Cruel and barbarous treatment that is a have to prove each of these things in court and bring danger to your life a witness or a written affidavit to prove your • General indignities that make it intolerable testimony about the grounds and residency at the to continue being married final hearing. -
Debunking Texas' Family Law Myths
Debunking Texas’ Family Law Myths 1. You can only get a divorce in Texas if you were married parties is community property until the spouse claiming in Texas. FALSE. Texas courts have jurisdiction over a the funds as his or her separate property proves the divorce action if either spouse resided in Texas for a funds are separate in nature by clear and convincing continuous six-month period prior to the filing of the evidence. If separate property funds are commingled divorce petition. with community property funds, it is the separate property owner’s burden to trace the funds to show the 2. In custody actions, the law favors mothers. FALSE. Texas original source and the current value of the separate law expressly provides that a family court shall not property funds. consider a parent’s gender in making decisions regarding custody. Judges must determine what is in the best 6. Parties are required to have a hearing if a petition is filed. interest of the child, taking all facts and circumstances TRUE and FALSE. If the parties reach an agreement on of the child and the parties into consideration. Judges all issues in a divorce case, one party must attend an presume that both parents should be named joint uncontested hearing to testify about the elements of the managing conservators with relatively equal rights and agreement and request that the agreement be signed and duties. The parent who has historically been the primary made into an order. In non-divorce cases, agreements caregiver of the child is usually granted the exclusive can be submitted to the court for signature by filing and right to designate the primary residence of the child. -
Qualified Life Event (Qle) Divorce, Legal Separation, Annulment Process
QUALIFIED LIFE EVENT (QLE) DIVORCE, LEGAL SEPARATION, ANNULMENT PROCESS If you experience a divorce, legal separation, or annulment, your former spouse may no longer be considered eligible to participate in any of the plan options. ● Divorce or annulment: Your former spouse must be removed from the plans regardless of a court order to continue their coverage. ● Legal separation: Your spouse is considered eligible to continue participation in the plans because you are still married. If the notice of legal separation documentation states that coverage for your spouse must continue, you cannot remove coverage until the divorce is finalized. If there is no requirement for healthcare continuation coverage, then you may choose to remove your spouse from coverage. Is the Human Resources Department of my agency responsible for informing the ADOA Benefits Services Division of my divorce? No. It is the responsibility of the employee to inform their employer of changes for the purposes of benefits within 31 days of the event. A supervisor or benefit liaison is responsible for providing you with the information you need to notify the Benefit Services Division in a timely manner. Benefit Services Division may report any misrepresentation of benefit eligibility to an employee’s agency, which could result in disciplinary action up to and including termination. How long do I have to make a change? You must notify the Benefit Services Division, in writing, within 31 days of your qualifying event. If notification is received after the 31 days, benefit election changes will be made that could result in retroactive termination of coverage. Any claims incurred after the 31 days will become the responsibility of the employee to pay.