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North Dakota Family Law

North Dakota Family Law

 

A brief guide to North Dakota family law

 

There are many different circumstances under which you may need to turn to the legal system in order to resolve an issue related to your domestic life. One common reason people may need to familiarize themselves with North Dakota family laws is if they are seeking a divorce from their partner. It is a common misapprehension that a lawyer is required in order to successfully separate from a spouse. However, North Dakota family law allows for the divorce process to be completed without the assistance of an attorney. Doing so will require two spouses to cooperate in drafting a separation agreement detailing their approach to issues such as:

 

• Alimony payments

• Child custody arrangements

• Child support payments

• Division of mutually owned property

 

A document can be created that is in compliance with all North Dakota family laws by using a generic template found online as a starting point. If a judge orders part or all of this agreement to be rewritten, they will provide specific instructions which can be followed without the assistance of a lawyer. 

 

In cases where two spouses are in dispute over an issue related to minor children, North Dakota family law allows a judge to order them to attempt mediation sessions. The goal of these guided discussions is to arrive at a mutually acceptable agreement. Should mediation fail to result in a separation agreement, North Dakota family laws forbid either spouse from hiring a lawyer who has acted as a mediator from representing them in family court.

 

Another situation in which you may need to familiarize yourself with the legal system occurs if you are creating a will. While North Dakota family law does not require you to consult with a lawyer to create a legally binding document, you risk using language that can be open to multiple interpretations by doing so. In such cases, your will may be challenged in probate court after your death. A lawyer can help you ensure that your wishes are respected by making sure all your language is clear and in compliance with all North Dakota family laws.

 

Single individuals or couples who wish to adopt a child will need to be aware of the complications involved in this process. Under North Dakota family law, you are not allowed to adopt a child until you have undergone the "home-study" process. This is a procedure which evaluates your fiscal and psychological fitness to look after a minor child. North Dakota family laws will require you to provide financial records and submit to a series of interviews. A social worker will ask you about your upbringing, views on parenting, and any other relevant factor.

 

Aside from the expense of providing copies of your medical and financial records, North Dakota family law will not charge you for the cost of this process. In some cases, you may be eligible for financial aid. North Dakota family laws include tax credits for people who adopt "special needs" children who are less likely to find a home, such as those over the age of eight.

Texas Family Law

Texas Family Law

 

Quick Guide to Texas Family Law

 

What can I find Texas Family Laws?

 

A detailed and full listing of Texas family law can be found under the official government website of the Texas legislature.  All Texas family laws under state code are updated as of November 2011. 

 

In order to access Family Code section, you can use two methods of searching.  You can perform a quick search and click on the appropriate article under the Chapter you’re looking for, or you can search under the Texas Statutes.  

 

Texas family law mainly addresses divorce procedures, custody issues, and parental rights, but there are many more categories under the Texas Family Code.  

 

Divisions of Texas Family Code

 

Texas family laws are split up into different subtitles, and these divisions are listed below.  General provisions under Chapter 1 of Texas family law are described in the next section. 

 

Titles under the Texas Family Code

 

1. Title 1 The Marriage Relationship: this title of Texas family laws provides definitions for marriage, marriages that are presumed valid, the process of for dissolution of marriage, property rights, and more.  There are multiple forms you can locate including petitions, financial affidavits, and more for these laws.  

 

2. Title 2 Child in Relation to the Family: this title mainly describes the parent’s role in raising the child and possible penalties they may face if they interfere with the best interests of the child.

 

3. Title 3 Juvenile Justice Code: this title provides laws and procedures under Texas family law for proceedings in juvenile court for a child, such as those with a mental illness.  

 

4. Title 4 Protective Orders and Family Violence: this title lists definitions of family violence and procedures for applying for and modifying protective orders.  

 

5. Title 5 Parent-Child Relationship: this title mainly describes the guidelines associated with child support under Texas family law and what to do if child support is not being paid.  

 

For more information on these titles and other Texas family laws, visit the official website of the Texas legislature and look under 1 through 266 of the Family Code.  

 

General Provisions under Title 1: The Marriage Relationship 

 

This category of Texas family law provides general definitions of the state’s power hold marriage void or acceptable.  For example, Section 1.101 provides that the state has a certain obligation to investigate a marriage and its credibility in order to protect the percentage of parentage and security for the children of the relationship.  Chapter 6 states all marriage that are voidable under Texas family laws.  

 

Section 1.102 of these general provisions provides general definitions for a valid marriage when a spouse has engaged in two or more marriages.  Normally, the most recent marriage is valid and previous marriages are voidable.  

 

Section 1.108 of these provisions under Texas family law states that all agreements must be made in writing in order to qualify as enforceable.  The agreement cannot be an oral agreement, and each party much sign the agreement to establish validity.  

South Carolina family Law

South Carolina family Law

 

A brief guide to South Carolina family law

 

Many aspects of your private domestic life may require you to interact with the legal system. One common reason you may need to familiarize yourself with South Carolina family laws is if you and your spouse are planning to separate. It is possible to obtain a divorce without consulting a lawyer. This will require you and your partner to create a separation agreement detailing how you plan to handle issues such as:

 

• Alimony payments

• Child support payments

• Child custody arrangements

• Division of jointly purchased property

• Visitation rights for the non-custodial parent

• Payment of jointly incurred debts

 

A document which is in accordance with South Carolina family law can be created by finding a generic template for separation agreements online. By creating in cooperating this document in advance, couples will avoid the uncertainty of relying upon a judge to resolve their disagreements in a way that may not be satisfactory to either party. 

 

In cases where minor children are involved, South Carolina family laws are meant to keep their best interests in mind. If you and your spouse cannot reach agreement on custody issues, a judge may order you to attempt mediation. Discussions guided by a neutral third party will attempt to craft an agreement that respects South Carolina family law. 

 

Couples who cannot resolve their differences must go to family court. South Carolina family laws concerning these kinds of contested divorces give judges a considerable degree of autonomy in deciding what to do. You may wish to hire a lawyer who can help you craft a proposed separation agreement that takes in account all the factors a judge will consider. A realistic agreement that is in accordance with South Carolina family law is more likely to be approved.

 

Another common issue is creating a will documenting how you wish for your assets to be handled after your death. With or without a lawyer, you can create a document that does not violate South Carolina family laws. Make sure that your will is signed by witnesses and that all other rules have been followed. Under South Carolina family law, you may revoke your will at any time and create a new one.

 

It is very important to make sure that all the language you use is clear and cannot be challenged. Failure to do so may result in probate disputes. South Carolina family law in this area is complicated and can be expensive to pursue.

 

Adoptions also fall into this legal category. South Carolina family laws require anyone who is seeking to adopt a child to undergo a "home-study" process, which can take anywhere from three to six months. Your fitness to care for a child will be evaluated in many ways, including interviews to evaluate your psychological health and reviews of your finances. South Carolina family laws do not allow you to adopt a child until you have completed this preliminary step.

Puerto Rico Family Law

Puerto Rico Family Law

 

Guide to Puerto Rico Family Law

 

If you are divorcing, adopting or otherwise changing the structure of your family in PR, family law in the territory will govern how your case is handled.  This guide will explain some of the basics of PR family law so that you can begin further research.  If you need legal advice about some aspect of a specific case, or would like more detailed information on some part of Puerto Rico family law, it may be advisable to speak to a family law attorney.

 

Divorce

 

If you are getting a divorce, PR family law requires that your property be divided equitably in the absence of a pre-nuptial agreement.  Generally, Puerto Rico family law will assign a family house to the parent who retains primary custody of a marriage's children, though in some situations a house may be sold as part of a divorce settlement.

 

Typically, couples who divorce will reach some kind of settlement agreement according to PR family law rather than taking their case to trial.  Trials can be difficult on both spouses and their children, so many people prefer to avoid a trial at almost all costs.  If you need to initiate a divorce, Puerto Rico family law allows you to do so without proving that your spouse did anything wrong—a so-called “no fault” divorce.  PR family law also provides for fault divorces in certain very limited circumstances, but these divorces can be messy and expensive, so most spouses prefer the no-fault route even if they believe they could prove fault.

 

Adoption

 

Families that are adopting from either a domestic or international agency will need to have an attorney according to Puerto Rico family law.  Today, this area of PR family law is used more than ever, as more couples begin the adoption process.  Typically, due to the rigorous home study process required by Puerto Rico family law, it will take at least six months for an adoption to be finalized even if you are adopting a waiting child.

 

Child Support

 

Child support obligations are computed in PR family law based on the parents' total income and the child's support needs.  Judges have wide discretion in assigning amounts of child support according to Puerto Rico family law.  If you need to request a change in your child support payments, or ask for enforcement of an existing support agreement, PR family law requires that you initiate legal proceedings.  You will generally need to hire an attorney if you want to change your support arrangements.

 

Child Custody

 

In most situations, Puerto Rico family law will provide one parent with primary physical custody and one parent with unsupervised visitation rights.  You may be able to have this visitation supervised if you believe your child's other parent poses a danger to your child.  PR family law creates child custody arrangements based on what the court believes to be the best interest of your child, and may grant shared physical custody in some situations if parents have agreed on how to divide their parenting responsibilities.

Nevada Family Law

Nevada Family Law

 

Quick Guide to NV Family Law 

 

Where can I find the majority of Nevada Family Laws?

 

You’ll have to visit the revised statutes under the Nevada State Legislature in order to view a complete list of all updated NV family law within the state.  Once you begin searching for Nevada family law, you’ll want to reference several different chapters depending on your need.  

 

In this article you’ll find general information about Nevada family law about marriage requirements, divorce, adoption, child custody, and other commonly accessed areas of NV family law.  If you are referencing Nevada family laws for legal help, you are highly advised to consult with a family law attorney before proceeding with any settlement process.  

 

Specific Nevada Family Laws

 

Some general information about sections of Nevada family law within several different chapters is listed below.  For more information on NV family law, visit the link under the state’s legislature below and proceed mainly to Title 11: 

 

Chapter 122

This chapter of NV family law provides prerequisites for a valid marriage, as well as who cannot marry in the state of Nevada.  This chapter also contains information on Nevada family laws for licenses and other contracts, as well as who is legally allowed to solemnize a marriage.

 

Chapter 125

This chapter of Nevada family law is one of the most frequently accessed chapters under the Nevada legislature.  This specific chapter on NV family law covers general grounds for divorce (NRS 125.010), and other sections cover property division (NRS 125.141-150), methods of payment for spousal support, and much more.  There are multiple other sections of Nevada family law that may prove helpful in divorce proceedings.

 

Chapter 127

This chapter Nevada family law provides general provisions for adoption such as who may adopt a child (NRS 127.030), information about petitions, financial disclosures, investigative procedures from a child-placing agency, and much more.  If you are searching Nevada family laws for legal advice on adoptions, talk to an attorney right away.  A Nevada NV family law attorney is often required in most adoptions anyway.  

 

Chapters 125A through 125D

These chapters of Nevada family laws provide detailed information about conditions for child support and custody.  Nevada family law for support obligations is located in Chapter 125C, and there are many more sections that address conditions for child support and custody—like the Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 125A of NV family law).  For more information about child custody, talk with your NV family law attorney.  

 

How to Search Nevada Family Law

Consider the follow search techniques if you search Nevada family laws at the website for searching the statutes: 

 

1. Stemming- this technique includes adding suffixes onto your search, such as divorces, divorcing, divorced, or more

 

2. Wildcards- a wildcard allows you to search multiple words using an asterisk, and adopt* will usually bring you to adopted, adoption, adopting, adoptive, adoptable, and more. 

 

3. Missing variables- you can search for a missing variable with a question mark, and wom?n will bring results associated with woman, women, and more

 

4. Boolean Operators- you should always consider using and, or, and not to limit your searches as well  

New Mexico Family Law

New Mexico Family Law

 

Quick Guide to New Mexico Family Laws 

 

Where can I find the majority of New Mexico Family Law?

 

You’ll have to visit the revised statutes under the New Mexico State Legislature in order to view a complete list of all updated NM family law within the state.  Once you begin searching for NM family law, you’ll want to reference several different chapters depending on your need.  

 

In this article you’ll find general information about New Mexico family law about marriage requirements, divorce, adoption, child custody, and other commonly accessed areas of NM family law.  If you are referencing New Mexico family laws for legal help, you are highly advised to consult with a NM family law attorney before proceeding with any settlement process.  

 

Specific New Mexico Family Law

 

Some general information about sections of New Mexico family law within several different chapters is listed below.  For more information on New Mexico family laws, visit the link under the state’s legislature and proceed mainly to Chapter 40: 

 

§40-1-1 through §40-1-20

 

These articles of New Mexico family laws law provides prerequisites for a valid marriage, as well as who cannot marry in the state of NM.  These articles also contains information on New Mexico family law for licenses and other contracts, as well as who is legally allowed to solemnize a marriage.

 

§40-4-1 through §40-4-20

 

These articles of NM family law are some of the most frequently accessed articles under the state’s legislature.  These specific articles on New Mexico family laws covers general grounds for divorce (§40-4-1 through 2) and other sections cover property division, methods of payment for spousal support, and much more.  There are multiple other sections of New Mexico family laws that may prove helpful in divorce proceedings.

 

§32A-5-1 through 32A-5-45

 

This chapter NM family law provides general provisions for adoption such as who may adopt a child (§32A-5-11), information about petitions, financial disclosures, investigative procedures from a child-placing agency, and much more.  If you are searching New Mexico family law for legal advice on adoptions, talk to an NM family law attorney right away. 

 

§40-10A-101 through §40-10A-403

 

These sections of New Mexico family laws provide detailed information about conditions for child custody.  New Mexico family law for support guidelines is located in §40-4-11.1, and there are many more sections that address conditions for child support and custody.  For more information about child custody and support, you are highly encouraged to speak with your New Mexico family law attorney.  

 

How to Search NM Family Law

 

Consider the follow search techniques if you search New Mexico family laws under the state’s legislature provided by the NM Compilation Commission: 

 

1. Stemming- this technique includes adding suffixes onto your search, such as divorces, divorcing, divorced, or more

 

2. Wildcards- a wildcard allows you to search multiple words using an asterisk, and adopt* will usually bring you to adopted, adoption, adopting, adoptive, adoptable, and more. 

 

3. Missing variables- you can search for a missing variable with a question mark, and wom?n will bring results associated with woman, women, and more

 

4. Boolean Operators- you should always consider using and, or, and not to limit your searches as well  

Connecticut Family Law

Connecticut Family Law

 

Guide to Connecticut Family Law

 

Changes to families in Connecticut are handled not by civil or criminal courts, but by CT family law courts.  If your family is undergoing changes, it is important for you to understand how Connecticut family law may affect your case.  This guide will provide you with a basic overview of several areas of CT family law.  If you need legal advice or representation for a specific case, you may want to consult a Connecticut family law attorney.

 

Connecticut Family Law and Divorce

 

The most common kind of case in CT family law is a divorce or dissolution of marriage.  In Connecticut, couples may divorce without either party alleging fault.  Connecticut family law also allows couples to come to a divorce settlement, which most couples elect to do instead of taking their case to trial.  In some situations, a judge in CT family law court may order a couple into mediation so that they can reach a settlement about any items under dispute in their divorce case.

 

In general, Connecticut family law requires the marital property of divorcing spouses to be divided equitably.  However, a valid pre-nuptial agreement can void the requirement of equitable division if a different type of division is specified.  You may want to contact a CT family law attorney if you need to protect your assets with a pre-nuptial agreement before walking down the aisle.

 

Connecticut Family Law and Adoption

 

More families than ever are choosing to expand their family through adoption.  If you want to adopt, you will need to hire a CT family law attorney to help you through the process.  Connecticut family law requires that your family undergo an extensive home study, background check, medical examination, and fingerprinting before you will be allowed to adopt.  The home study will include an inspection of your house or apartment as well as interviews with all household members.

 

Connecticut Family Law and Child Support

 

Child support is determined by the income shares model, according to CT family law.  Under the income shares model, your net income and the income of your child's other parent will be added together.  Based on this total income number, Connecticut family law charts will determine the total support obligation for your child.  You will be obligated to pay support based on the amount of time you have custody of your child and the percentage of the total income that is earned by you.

 

CT family law allows harsh penalties for parents who refuse to pay their court ordered child support payments.  If you do not pay your child support obligations, Connecticut family law allows the state to have your wages garnished or income tax refunds confiscated.  Even if you live outside the state, child support payments can be enforced across state lines.

 

Connecticut Family Law and Paternity

 

CT family law requires men to establish paternity in court if they are not married to the mother at the time of the child's birth.  Until paternity is established, an unmarried mother will have sole custody rights to her child.  Courts may order paternity testing to prove or disprove paternity in order to seek child support or terminate parental responsibilities.

West Virginia Family Law

West Virginia Family Law

 

Quick Guide to WV Family Law 

 

Where can I find the majority of West Virginia Family Laws?

 

You’ll have to visit the revised statutes under the WV Legislature in order to view a complete list of all updated WV family law.  Once you begin searching for West Virginia family law, you’ll want to reference several different chapters depending on your need.  

 

In this article, you’ll find general information on West Virginia family law and specifically marriage requirements, divorce, adoption, child custody, and other commonly accessed areas of WV family law.  If you are referencing West Virginia family laws for legal help, you are highly advised to consult with a WV family law attorney before proceeding with any settlement process.  

 

Specific West Virginia Family Laws

 

Some general information about sections of West Virginia family law within several different chapters is listed below.  For more information on WV family law, visit the link under the state’s legislature below and proceed mainly to chapters 48 and 49:

 

Chapter 48-2 Marriages

 

This chapter of WV family law provides prerequisites for a valid marriage, as well as who cannot marry in the state of West Virginia.  This chapter also contains information on West Virginia family laws for licenses and other contracts, as well as who is legally allowed to solemnize a marriage.

 

Chapter 48-5 Divorce

 

This article of West Virginia family law is one of the most frequently accessed chapters under the state’s legislature.  This specific chapter on WV family law covers general grounds for divorce (§48-5-201 through 209), and other sections cover property division (§48-7), methods of payment for spousal support (§48-8), and much more.  There are multiple other sections of West Virginia family law that may prove helpful in divorce proceedings.

 

Chapter 48-22 Adoption

 

This chapter West Virginia family law provides general provisions for adoption such as who may adopt a child (§48-22-201), information about petitions, financial disclosures, investigative procedures from a child-placing agency, and much more.  If you are searching West Virginia family laws for legal advice on adoptions, talk to an attorney right away.  A West Virginia family law attorney is often required in most adoptions anyway.  

 

Chapter 48-20 Uniform Child Custody Jurisdiction and Enforcement Act

 

This chapter of West Virginia family laws provides detailed information about conditions for child custody.  West Virginia family law for support obligations is located in §48-11, and there are many more sections that address conditions for child support and custody.  For more information about child custody, talk with your WV family law attorney.  

 

How to Search West Virginia Family Laws

 

Consider the follow search techniques if you search West Virginia family laws:

 

1. Stemming- this technique includes adding suffixes onto your search, such as divorces, divorcing, divorced, or more

 

2. Wildcards- a wildcard allows you to search multiple words using an asterisk, and adopt* will usually bring you to adopted, adoption, adopting, adoptive, adoptable, and more. 

 

3. Missing variables- you can search for a missing variable with a question mark, and wom?n will bring results associated with woman, women, and more

 

4. Boolean Operators- you should always consider using and, or, and not to limit your searches as well 

Pennsylvania Family Law

Pennsylvania Family Law

 

Guide to Pennsylvania Family Law

 

Family courts in Pennsylvania are unlike civil and criminal courts.  These courts consider cases pertaining to families and children, and make determinations based on PA family law.  If you are involved in a Pennsylvania family law case, understanding the law can make it easier for you to explore your legal options.  This guide will teach you about some of the basic areas of PA family law.  If you want more in-depth information about Pennsylvania family law, you may want to look at other pages on this website or contact a family law attorney in Pennsylvania.

 

Adoption

 

Couples who are adopting a child will generally need to hire an attorney with experience in PA family law generally and adoption law specifically.  Pennsylvania family law allows both domestic and international adoptions.  People who are becoming adoptive parents may choose to adopt from an agency or privately according to PA family law.  You may also want to adopt from the foster care system.

 

Adoptions are handled by the courts to ensure that the best interest of the child is served.  Pennsylvania family law requires that a judge sign off on all adoptions, no matter how they are initiated.

 

Child Custody

 

If you are seeking child custody, understanding PA family law is critical.  Most attorneys who specialize in Pennsylvania family law can assist with a child custody case.  Depending on what you want out of your custody hearing, you may be able to obtain legal custody (which allows you to make basic decisions for your child) and physical custody (which allows your child to reside with you).  PA family law includes many factors for judges to take into account when making custody decisions.

 

If you want to get custody of your child, talking to an attorney who is well versed in Pennsylvania family law can help you understand the custody hearing process and how to sway the judge toward your ideal resolution.  Because PA family law allows judges to look at so many factors, understanding the factors that are most relevant in your case can make it substantially easier to get the custody decision you are hoping for.

 

Paternity

 

In cases where parents are not married at the time of a child's birth, paternity will need to be established in court according to Pennsylvania family law before the father will have parental responsibilities.  PA family law will require a father to pay child support for any child born in or out of wedlock, and in order to establish paternity, a mother may have to order a paternity test.

 

In some cases, fathers may also want the court to require a paternity test.  In some cases, Pennsylvania law will still require a man to continue paying child support even if a paternity test proves that he is not the father of a child.  Typically, this will happen if the parents were married and the father accepted the child as his own.  Because Pennsylvania family law seeks to uphold the best interest of the child, this man may still need to pay child support if the parents’ divorce.

New York Family Law

New York Family Law

 

Guide to New York Family Law

 

Unlike the civil and criminal court systems, which try to decide on a version of facts, family courts look at the best interests of children who are in legally vulnerable positions.  Divorcing parents, adoptive parents, those attempting to establish or deny paternity, and people seeking legal guardianship arrangements in New York may all need to understand NY family law.  This guide will provide you with a basic overview of all of these New York family law issues.  For more in depth information, check out other articles on this website or consult with a New York family attorney.

 

Adoption

 

In order to adopt a child, you will need to go through New York family courts and understand NY family law pertaining to adoption.  New York family law requires that prospective adoptive parents become state certified as adoptive parents, including an extensive home study that includes multiple home visits, interviews, reference checks, and parenting classes.  

 

This part of NY family law helps to ensure that adopted children are adopted into safe, knowledgeable homes that understand how to deal with potential emotional problems or special needs of their adopted child.  Adoptions also require final court approval according to New York family law, even for private adoptions.  Some NY family law attorneys specialize in handling adoption cases.

 

Divorce and Child Custody

 

Because divorcing couples often have a difficult time agreeing on parenting arrangements, New York family law mandates that the court system make all child custody determinations.  Parental wishes and the child's wishes (if the child is old enough to express a reasonable preference) can be taken into account, as can a wide variety of other factors, when the court makes a determination of custody.  Even when parents agree, NY family law requires that a court give final approval to any parenting plan or agreement between divorcing spouses.

 

Legal Guardianship

 

Legal guardianship arrangements are allowed by New York family law any time a child's parent is no longer able to care for them (for instance, due to death, deportation, or incarceration).  It may also be used in some cases for disabled or elderly people who are incapable of making decisions for themselves.  NY family law generally gives parental wishes a great deal of respect when determining who is to be a child's legal guardian.  There are no age restrictions imposed by New York family law on potential legal guardians, and generally the only criminal convictions that will totally bar a person from becoming a guardian are for crimes against children.

 

Paternity

 

If a father is not married to the mother of his child at the time of the child's birth, he may need to ask a judge to legally recognize his paternity.  NY family law allows paternity determinations to be made in family courts, and men who are trying to establish paternity—or those who are trying to deny paternity and obtain a court-ordered paternity test—may want to talk to an attorney with a specialization in New York family law and paternity law.