Family Law Newsletters

Mortgage Issues and Divorce
 
If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.More...
 
Parent-Child Tort Immunity
 
The doctrine of parental immunity for torts against a child is an American invention. The immunity was judicially created to advance specific policies, mainly the preservation of family harmony and the right of parents to raise their children as they saw fit and the prevention of collusive suits. The immunity was adopted in almost every jurisdiction in the United States.More...
 
Abortion and Consent
 
The medical procedure of abortion is one of the most performed procedures in the United States. Prior to a woman seeking an abortion she should have sufficient information about the procedure. In some states abortion clinics may make the woman wait a period of time prior to performing the procedure. The most common period of time is a 24-hour window between the time that the woman enters the clinic requesting an abortion and the time that the procedure is actually performed. More...
 
Adoption Under the Indian Child Welfare Act
 
Whenever a proposed adoption involves a child who is of recognized Native American lineage, both federal and state laws govern the proceeding. The Indian Child Welfare Act of 1978 (ICWA) is applicable to any adoption of a Native American child. The ICWA is not an adoption code, but it contains jurisdictional, procedural, and substantive provisions that pertain to adoptions. Pursuant to the Supremacy Clause of the U.S. Constitution, ICWA provisions supplement or parallel any compatible state adoption laws and preempt any inconsistent or contradictory ones. More...
 
Child Support and the Military
 
Enforcement of child support with respect to active military personnel is different than that of enforcement of civilian child support. First and foremost, locating the military individual can be difficult. More...