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A spouse in Toronto, Canada can seek a divorce at any time by filing a petition in the appropriate court in Ontario Province, although it is only granted after the parties have been separated for at least one year (or sooner if adultery or domestic violence are present). A divorce court can order temporary support during the pendency of the case.
The ...
8
Under 28 Pa. Code 1.6,
The child of an unmarried woman may be registered with any surname
requested by the mother. If no other surname is so requested, the
child shall be registered with the mother’s surname
Registration is the point at which there is parental discretion. Subsequently, a name change is possible by court order, however as maintained ...
7
Before you go changing locks, you might want to hire an attorney. There is law in Ohio that governs "such" relationship, which are typically landlord-tenant relationships, but might not be strictly construed the way you'd prefer. In a classic landlord-tenant relationship, it is illegal to change locks on a tenant, and if you want a tenant booted out, you ...
7
General Considerations
While I am not convinced that this question isn't proper for this site, I don't think that, for the most part, it has a clear and simple answer.
Also, strictly speaking there is no such thing as a "man-hating state" because de jure distinctions based upon gender in divorce law are constitutionally forbidden. But, that doesn't mean ...
6
The following answers are based upon general U.S. law, I have not personally confirmed that they apply in Illinois in particular under its adoption law, or each of its welfare benefits programs, or its wrongful death statute.
There is no affirmative duty of a mother to inform a father or potential father of the existence of his child, at least outside (1) ...
6
This depends on your state, but most likely they would stay the father.
Many states abide by the Uniform Parentage Act, and part of that act states that if a man has been acting in the role of Father for a long enough period (I think 18 months, but not certain) then he is considered the legal father regardless of parentage. Similarly many states say if he ...
6
To paraphrase the Princess Bride: "I don't think those words mean what you think they do".
The "truther-activist", "sovereign citizen", and "Citizen vs. Human Being" concepts will only hurt you. It has never succeeded, to my knowledge; It has failed multiple times.
Let me tell you a little about myself to illustrate what I mean: I am a software developer (...
6
Contempt
This is not contempt of court, which happens only in the physical presence of a judge, or in relation to a court order known by the person to be held in contempt to exist and related to that person in some way.
Potential Criminal Liability
Criminal liability is an offense which can only be brought by the prosecutor's office in Arizona, for which ...
5
The Protection from Eviction Act 1977 defines an excluded tenancy as, amongst other things, a tenancy that is granted for other than money or money's worth ((7)(a)).
This means that someone who shares accommodation with the landlord does not have the protection from eviction that an ordinary tenant would have, as per Part 5.
You should seek advice from a ...
5
Child custody (and alimony) are determined by state courts, so the exact details are state-dependent.
There is no legal basis for a person preventing thrie former spouse from moving (assuming the host country doesn't deny a visa), but the courts would be involved in determining whether the child can be taken along: parent A cannot legally just pack up the ...
5
If it looks like a gift and sounds like a gift and there is no evidence that it should not be considered a gift, well, what else could it be?
Given the value of a house and depending on jurisdiction, there may be a gift tax involved. This is normally an obligation placed on the giver, not the receiver. It is unlikely to be a concern to you but a separate ...
5
It depends.
An agreement of the type you describe is called a post-nuptial agreement or marital agreement.
These agreements are not prohibited, but are subject to heightened scrutiny. In determining if it is valid, courts consider financial disclosure, an opportunity to consult a lawyer, and a voluntary non-coerced agreement in writing, as well as a ...
5
According to http://info.legalzoom.com/divorce-am-responsible-kids-not-mine-20971.html
Your stepchildren -- the biological kids, adopted children and stepchildren that your spouse acquired in another marriage or relationship before marrying you -- are usually not legally entitled to support from you after you divorce your spouse. However, if you signed a ...
5
Are there actual laws written, or de facto situations (e.g. let's say
another law specifies that a child can't be physically forced to go
anywhere without causing abuse) where the child can refuse to attend?
Are there "tiers" to the age; Is it true that a temper tantrum of a 5
year old would be seen as such, but the refusal of a 17 year would be
...
5
New Jersey has jurisdiction under N.J.S.A. 2A:34-10 provided that
at the time the cause of action arose, either party was a bona fide
resident of this State, and has continued so to be down to the time of
the commencement of the action; except that no action for absolute
divorce or dissolution of a civil union shall be commenced for any
cause ...
5
if the child exchange time and locations are fixed, and the husband
can no longer legally drive, does this effectively nullify his
visitation rights?
No. He can get a ride from someone or get an Uber or Lyft or Taxi or take a bus.
The drop off location is near her house, not his, and even if public
transportation were an option he would not be the ...
5
The title asks about double jeopardy, but the the body seems to be asking about statute of limitations, which is a separate issue.
If an argument regarding timeliness is made by John, it likely will not be based on a statute of limitations. If Jane is asking for a restraining order, she will have to show a high likelihood of harm. If further actions have ...
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I exclude Shari`a law because I don't know, but generally there would be no legal recourse that depends on the lie. A marriage is not legally viewed as a contract with enforceable obligations, so a woman could not be forced to bear a child against her will if she had earlier promised to do so, and she could not be penalized in any way. The man still has the ...
4
If you show that you received a message through WhatsApp that looks like it was sent by some person, then this is to some degree evidence that the person sent that message. Obviously they can claim that someone used their phone, or that someone forged the message and so on.
The contents of the message may be hearsay. Just because someone sends a message ...
4
This question makes me sad.
I think the answer will likely not be a legal one but, rather, an emotional one.
Courts have many reasons to be reluctant to impose a duty of visitation upon a recalcitrant parent; so courts typically will not.
I think the best course of action is for mom (or maybe a helpful third party, but coming from mom first would be best) ...
4
You seem to have put a lot of thought into this - which is good. However, the short answer is: There is no legal solution.
To address your points:
And legally, my future wife has the right to divorce me even if I did
nothing wrong (no-fault).
Yes (at least in most jurisdictions).
And then, according to the US Census Bureau [1], mothers usually get
...
4
A child can only be adopted if all legal guardians agree to it. In normal circumstances both the mother and the father of the child are it's legal guardians.
The dialog is accurate.
If the father does not agree to adoption and the mother doesn't want to raise the child then the father would normally apply to the court for full custody: in these ...
4
Applicable Law
A marital agreement can be entered into both before marriage (a prenup) and after marriage (a postnup). And, it will have the same legal effect in either case once entered into by the parties.
In practice, marital agreements are usually proposed by a more affluent spouse and are reviewed by a less affluent spouse who will be giving up many ...
4
Imputed income is a legitimate concept, but it is hard to prove, particularly when there is an earning history to back up the claim that there is no malingering.
Ultimately, the question is what that particular individual could earn and whether that particular individual was intentionally being lazy in order to influence child support.
At a minimum an ...
4
Witness demeanor is absolutely relevant, both to evaluate the credibility of a witness and in a matter such as a child custody case, to evaluate the merits of what constitutes the "best interests of the child" which hinges, in part, on the interpersonal social skills of a parent in dealing with the parent's children.
Before I start investing time and ...
4
IANAL. I am not your lawyer.
Assuming that they bought the house together, and are both on the title, your step-father would, as a surviving owner, take sole possession of the house (and it wound not enter your mother's estate). If she bought the house before they married and he moved in, and he is not on the title, it would theoretically enter her estate, ...
4
In a typical divorce proceeding, both sides are required to provide a sworn statement of their finances, and to respond to written interrogatories, produce documents (e.g. financial statements made in loan applications, balance sheets, tax returns, bank statements, and copies of deeds and certificates of title and stock certificates) and be deposed in pre-...
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Choice of Law
The place where you get married is irrelevant to the question of whether or not you need a pre-nuptial agreement. What matters is where you intend to live once you get married.
A pre-nuptial agreement exists to change the default rules of law upon death and divorce. These rules differ from state to state, so the default rules you might modify ...
4
If one day the child goes around to the father's house, perhaps in a
state of upset, and says, "That's it, I'm staying," what is the legal
position of the father?
An eleven year old child really has no say in the matter. A judge in a custody case may consider what the 11 year old has to say but is unlikely to give it much weight. (In contrast, a judge ...
4
Evidence is simply those things (verbal and physical) which are given to the court as evidence.
When a witness gives testimony, that’s evidence. When a gun is submitted as an exhibit, that’s evidence. When an expert report is tendered, that’s evidence. Basically, whatever either party in the case submits to the court to prove their case is evidence.
There ...
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