Family Law Newsletters
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. Read more.
Domestic violence cases involve a special relationship between the parties. The special relationship may be created by: (1) a family relationship, such as husband and wife; or (2) cohabitation, i.e., the parties live together. Civil harassment cases do not involve a special relationship between the parties. A civil harassment complaint may be filed against any person, even if that person is not a spouse or a cohabitant. Read more.
Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff's claim that they were induced to have sex with a defendant based upon the defendant's representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant. Read more.
School discipline is an issue that may arise with respect to a student's improper activities while attending a public school. Typically, if the student commits an improper act, the situation is handled in an administrative manner without formal judicial review of the student's conduct. However, if the student's conduct was grossly improper or harmed the lives of others, judicial intervention may be necessary and required. Read more.
There is no requirement that parties to a divorce action hire an attorney to represent them during the divorce proceedings. Either party or both parties may represent themselves during their divorce proceedings. Whether one chooses to represent themselves or hire an attorney, is a personal choice. One should weigh the advantages and disadvantages involved in self-representation. Read more.