family & personal matters

Fault Divorce

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The "innocent" spouse was then granted the divorce from the "guilty" spouse. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity, and incurable insanity. Today, all states offer no-fault divorce, but quite a few states also still allow a spouse to allege fault in obtaining a divorce, and some states also allow the court to consider fault in dividing property or awarding custody or visitation.

Family Limited Partnership

Definition

Family limited partnerships (known as "FLP"s) are a type of partnership, where family assets are pooled into a family owned business of which family members own shares. FLPs allow for shares to be gifted to family members through the generations, thus they are commonly utilized to minimize the estate tax and take advantage of gift tax exemptions.

Family and Medical Leave Act (FMLA)

A federal law that requires qualifying employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period to bond with a new child, care for a family member with a serious medical condition, or recover from a serious medical condition. At the end of the leave, the employer must allow the employee to return to the same or an equivalent position to that held before taking the leave.

Extrinsic Fraud

Fraudulent acts which keep a person from obtaining information about his or her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue.

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