Newsletters

Post-Decree Modification of Child Custody

A court is guided by one principle when deciding the issue of child custody. That principle is the best interest of the child. The best interest of the child is determined by examining the child's relationship with the parents and important family members, the child's health and social development, and the child's general well-being.

Post-Decree Modification of Property Division

During a divorce proceeding, the parties are entitled to conduct discovery. Discovery is a process by which each party can ask questions in depositions and inspect each other's financial and business records to discover the total assets and liabilities of the marriage. A court will enforce a party's right to full disclosure so that each party has a clear idea of the identity and value of all marital property.

Divorce and Wiretapping and other Interceptions of a Spouse's Electronic Communications

Divorce is a difficult time for both parties involved. States have different types of divorce and different requirements associated therewith. Some states have no-fault divorces and others have fault-based divorces. If the parties reside in a fault-based divorce state, information such as whether the opposing party was unfaithful, abused his wife, or engaged in other improper or illegal conduct may be admissible.

Adoption and Safe Families Act - Permanency Plans and Hearings

The Adoption and Safe Families Act (ASFA) requires states to conduct a permanency hearing within 12 months of a child's placement in foster care and at least every 12 months thereafter for as long as the child is in foster care. The date of the child's placement in foster care is the earlier of the following two dates: the date of the first judicial finding that the child is abused or neglected, or 60 days after the removal of the child from his or her home.

Bifurcated Divorces

A court may order the termination of the marriage of a husband and wife, while reserving the resolution of certain issues for a later time. This procedure is called a "bifurcated divorce." When a bifurcated divorce is ordered, issues such as the division of the spouses' property, child custody, and child support are decided at a separate trial or hearing, after the marriage is terminated.