Blogs
International Divorce and Foreign Divorce Decrees
With many people living and working abroad after being married in the United States international divorce is becoming more of a common practice. International divorce cases may be very complex due to the laws of the country in which the parties currently reside. There are several issues that must be analyzed when dealing with an…
Marriage of Underage Children
In most states, a person must be 18 in order to marry; however, in many states a minor 15 years or older may get married with legal permission from a parent or guardian. You have to be 16 to get married with parental consent in the State of New York. If you are under 16,…
Planning for a Divorce
Although no person wants to think about planning for a divorce, divorce occurs in almost 50 percent of all marriages. If one party is thinking about divorce he or she should plan prior to filing for divorce. One should especially consider the financial consequences of divorce. Separation of Non-Marital Assets Non-marital assets are assets that…
Divorce Involving a Member of the U.S. Military
Introduction Military divorce involves a member of the uniformed services and his or her spouse, who may or may not be in the services. Even though military divorce may be similar to a usual divorce, there are a few differences, such as legal protections, jurisdiction of court, residency requirements for filing for divorce, division of…
Spouses as Witnesses in Divorce Proceedings
Introduction In general, either spouse can testify in a ”no fault” divorce proceeding, in a fault-based divorce proceeding, in a property settlement hearing, or in proceedings relating to custody determinations. While such testimony can be highly relevant in a divorce proceeding, there are some rules (including the marital communications and anti-marital facts privileges) that come…
Impact of Bankruptcy Laws on Divorce Generally
Traditionally, the entire gamut of matrimonial law has been a creature of state law, not federal law. As such, federal courts generally may not intervene in the marital area unless a particular issue comes into conflict with federal law. Bankruptcy is one such area, and it can arise because of the effect that divorce has…
Property Division in Divorce: Valuation of Marital Property
In divorce cases, courts usually must divide the parties’ marital property between them. Marital property usually includes both marital assets and marital debts, and generally consists of all property acquired by both or either of the spouses during the marriage, other than property acquired by inheritance or gift from a third party. State divorce laws…
Is a Gestational Carrier Right for Me?
Growing a Family Many prospective parents consider a gestational carriers or gamete donation because they can’t conceive and/or carry a child themselves. Thanks to advances in science and medicine, patients can receive donated eggs, sperm, or embryos, and gestational carriers can carry embryos related to one or both intended parents. However, what may be relatively…
Potential Pitfalls to Avoid in Surrogacy or Gamete Donation
Science has given prospective parents a plethora of reproductive options that did not exist before. However, some options, although medically or even legally permissible, can be extremely complicated, risky, and/or expensive to pursue. The following is a list of assisted reproduction choices that could have potentially negative legal consequences. It is extremely important to talk with an…
The Basics of Using a Sperm Donor
For couples experiencing male infertility or for lesbian couples, the decision for using a sperm donor is an important one that should be carefully thought out and discussed prior to moving forward. From the legal perspective, here are FAQs about using a sperm donor. Disclaimer: The information contained herein is related solely to North Carolina law. …