family law

See also

• Abandon

Definition

In marriage, abandonment is grounds for divorce in most states.  Grounds arise when one spouse physically leaves the other with no intent on returning.  Usually, the minimum time allowed to claim abandonment is one year, but it changes from state to state.  Some states also recognize constructive abandonment where one spouse refuses to financially support the other and/or engage in sexual intercourse without good reason.

A divorce granted where both parties agree to the divorce and both go to a particular jurisdiction to obtain the divorce. However, this type of divorce is not valid if neither spouse is domiciled in the jurisdiction where the divorce was granted.

Voluntary agreement between spouses, made during divorce proceedings or formal separation, that may govern issues such as property division, alimony, maintenance, child support, and child custody.

Definitions

1) Property: Used in property law to describe an estate that is free from any limitations at all.  Only a fee simple may be absolute.

2) Divorce: An absolute divorce is a final judgment of divorce that dissolves the marriage and allows both parties to remarry.  It severs all spousal rights-- parties may no longer inherit from one another and all survivorship rights in property are considered as held jointly in common.

The right of a non-custodial parent who is a party to a divorce or separation to visit with their children. In such cases, some courts look to the best interests of the child.  Parents have due process rights to determine visitation by nonparents.  In Troxel v. Granville [539 U.S.

A family court is a court of limited jurisdiction that hears cases involving family law. For example, family courts typically hear cases involving divorce, child custody, and domestic abuse. Family courts are governed by state and local law.

Sometimes, when a party owes others legal duties, the party posts a surety bond to guarantee their performance. The surety bond is like a security deposit, with the party promising to do something as the renter and person they owe obligations to, or obligee, is like the landlord. Thus, if the party that made the promise fails to perform their duty, the obligee is compensated out of the bond. 

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.