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Special Immigrant Juvenile

A third-party may be granted custody of a foreign juvenile illegally living in the United States if the juvenile has “special immigrant” status under the Immigration and Nationality Act (INA). Essentially, the statute formalizes a legal status for the juvenile and ensures a level of protection from deportation. The INA provides various circumstances under which Read More

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Working to Resolve Custody

Many divorce cases involve minor children with parents who struggle to get along. The tension between parents may leave them unable to make joint decisions for the best interests of the children. Throughout the divorce process, parents have the opportunity to achieve child custody, child visitation, and parenting plans that are workable for them and Read More

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My Spouse and I Own a Business Together. How will a Judge Split it?

Businesses have value and are considered assets for division pursuant to the equitable distribution law. Typically, in a divorce, an accountant values the business. The accountant, among other things, reviews the tax returns, books and records of the business for several years, obtains information from the business owners, and accountant of the business and researches Read More

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Discretion of the Judge and Your Power to Settle

Every day numerous judges throughout the State hear cases involving family matters. The Courts/Judges process these matters and remedy the problem using an Order for relief and their discretion. Parties without the input of a judge can also create their own settlement with the help of attorneys, mediators, arbitrators or on their own. This is Read More

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Determining Costs and Paying Bills During Separation and Divorce

A divorce is very emotional, but you will need to focus on how the bills will be paid. The costs of a marital lifestyle can be much different than the reasonable needs of the parties and family after a divorce and creation of two households. The adjustments that have to be made can be handled Read More

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Children are Not Safe Left Alone in Locked Cars

Recently, there have been news reports of incidents in which children have been left alone in their car seats with the car locked while the parent goes shopping or leaves. Even if it is for a few minutes and the parent may not want to wake a sleeping child, it is child endangerment. This is Read More

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WHAT HAPPENS IN A DIVORCE IF ONE SIDE REFUSED TO PARTICIPATE?

A divorce complaint is filed and served on the other spouse. Service is usually accomplished by a process server. Proof of service is filed with the court. If the defendant does not get an attorney and doesn’t answer, what happens? Can you still get a divorce? Yes. The defendant has the opportunity to file an Read More

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Parental Alienation

Parental alienation usually occurs with separation or divorce and is a change from the previous relationship. One parent brainwashes the child about the other parent, and the child demonstrates identifiable behaviors. The alienating parent may say the child is just not comfortable with the other parent and give no substantial reason for it. The child Read More

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Unused Vacation Time – Marital Assets

Marital assets are property acquired during the marriage which is subject to equitable distribution. A house, a business, stock options or a pension acquired during the marriage is marital property and will be equitably divided in a divorce. A spouse’s employer may provide an enforceable right to terminal leave and other benefits. This can consist Read More

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Moving Out of State with a Minor Child After Divorce

Many divorced spouses who have a minor child remain in close proximity to one another post-divorce to ensure continuing access and support for that child. However, circumstances may change, necessitating the need for a parent to relocate out of state or country. If both parties consent to the relocation then there is no need for Read More

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