family law

Guardian

Definition

Courts appoint guardians to care for people who cannot take care of themselves. The person a guardian protects is called that guardian's ward. Wards may be either minor children or incapacitated adults. In some other jurisdictions, "...

Incompetence

Definition

1. Lack of legal ability to do something, especially to testify or stand trial. Also known as "incompetency." May be caused by various types of disqualification, inability, or unfitness. Someone who is judged incompetent by means of a...

Incurable Insanity

A legal reason for obtaining a divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

Kin

Definition

A relative, in particular, a blood relative. Also a relative by marriage or adoption. Also called kindred, kinsman, and kinswoman.

Illustrative caselaw

See, e.g. Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981).

See also

Estates...

Kindred

Definition

See kin.

Marital Property

Marital property is property acquired after the parties are married. Property acquired before the marriage is considered the individual and separate property of the acquiring spouse and the court will have no authority to distribute individual...

Marital Settlement Agreement

Allows divorcing spouses to agree to the terms of their divorce. The agreement generally can cover property division, spousal (maintenance) support, child custody and visitation arrangements, and any other issues relevant to the divorcing couple....

Marriage

Definition

The legal union of a couple as spouses. The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law.

See also Common...

Marriage laws

Marriage Laws of the Fifty States, District of Columbia and Puerto Rico

This table links to the marriage laws of the states and attempts to summarize some of their salient points. Those interested in the marriage law of a particular...

Personal Autonomy

Overview

The Supreme Court does not use the phrase "personal autonomy" very often. Unlike privacy, it is not a fundamental right. As such, it is still a very limited concept regarding its impact on legal jurisprudence.

In Planned...

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