Family Law Newsletters

Domestic Violence and Custody Issues

Domestic violence is conduct perpetrated by a spouse, family member, or any other person residing in the household. The State does not get involved in domestic violence issues unless the abuser has violated a criminal statute such as assault or battery. Violent events in the household constitute domestic violence if the victim is a family member or lives with the abuser.

Elder Individuals and Social Security

Elder individuals are entitled to receive social security benefits upon turning the age of retirement, which is anywhere between 62 and 67 years of age, depending upon your circumstances and the year that the elder individual was born. Unfortunately for most retired workers the social security money received each month is not enough to live on. Currently, the maximum social security benefit that a retired worker may receive is $1,825 per month at age 65.

Interspousal Tort Immunity

Interspousal tort immunity is the doctrine that bars tort suits between persons married to each other. The doctrine has its roots in the common-law principle that a married couple was one legal entity.

Out of State Move by Custodial Parent

In most states, courts permit a custodial parent to move out of state with the child if the parent has a legitimate reason for the move. Thus, noncustodial parents who seek to enjoin the custodial parent from moving or who seek to modify custody on the basis of a proposed move are generally unsuccessful.

Uniform Divorce Recognition Act

The Uniform Divorce Recognition Act has been adopted by seven states: California, Nebraska, New Hampshire, North Dakota, Rhode Island, South Carolina, and Wisconsin. The Act applies only to those seven states. The Act does not apply to any other state.