How Can I Obtain A Divorce?
No Web page message can ever substitute for competent legal counsel on a subject as important as divorce. You should seek such counsel if you are contemplating a divorce.
There are numerous specific fault-based grounds for divorce in
In any event, you must have been a resident of the state of
If the divorce is contested in any respect, the defendant must file an answer within thirty days after he or she is served with the papers. The court will set a trial date at which time the judge will hear the evidence and decide any disputes, such as alimony, custody, child support, visitation rights, division of property, and the like.
No matter how the divorce is obtained, you are divorced on the date the judge signs the document granting the divorce. However, there is a thirty day period after the judge has signed the final judgment during which either party may appeal the decision to a higher court. Neither party should remarry until after the time for appeal has passed.
Mediation is required for couples who are seeking a divorce. Mediation is a process where an impartial third party facilitates discussion between the couple. Mediation helps the couple arrive at their own mutually acceptable agreement on issues, parenting plans, property and economic issues. The mediation must take place within 180 days of the filing of the divorce. For more information on Mediation, please request message number 2200.
Legal Separation - What Happens?
Legal separation is an alternative for people who cannot continue to live together as husband and wife but who do not want a dissolution of their marriage. The effect of a legal separation as opposed to a divorce is that the parties to a legal separation are still married to each other in all respects but "bed and board." Sometimes a bed and board divorce is called separate maintenance.
There is a separate statutory provision which empowers the divorce court to grant a divorce from bed and board or from the bonds of matrimony. A wife may petition for a bed and board divorce as opposed to an absolute divorce if her husband abuses her person and creates an intolerable living condition. She may also sue for a bed and board divorce if her husband has abandoned her or "turned her out-of-doors" and refuses or neglects to provide for her. Either husband or wife has a cause of action if the other spouse is guilty of inappropriate marital conduct. Such conduct has been construed by the courts to mean a number of things.
The court has the discretion to decide whether an absolute divorce or a divorce from bed and board is proper. If the court grants a bed and board divorce, it has the authority to change the decree to an absolute divorce after two years if the parties have not become reconciled. This, however, is not mandatory, and the court is free to exercise its discretion in that regard.
The court has the same power in regard to the care and custody of minor children of the parties and what property rights exist between the parties as in a suit for absolute divorce.
If the grounds did not occur in this state, the parties must have been residents of
Temporary relief that can be granted includes a protective order prohibiting one party from molesting or harassing the other; an injunction ordering one party to move out of the house; temporary custody of minor children; and child support. The court automatically prohibit’s any property transfers until property rights have been established.
Do I Have Grounds For Annulment Of My Marriage?
Annulment is a very unusual remedy. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all.
There are several legal grounds for annulling a marriage.
If you were married while you are under the legal age in
If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary. It may be a good idea to seek some legal advice about the necessity of a formal court decree to set out the rights of the parties.
If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. This particular ground most often applies to someone who has been mentally ill or who has suffered from mental or emotional disorder.
If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. Fraus is simply not telling the truth in order to induce the other party to enter into the marriage contract. Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case. Force implies the use of or threat of the use of physical violence to make a person get married. The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply.
If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, grounds may exist for an annulment. The inability must continue and must exist at the time of suit.
Of course, marriage between brother and sister or parent and child or other close relatives are also void and like bigamist marriages, need not be formally annulled. Once again, it may be wise to seek a formal decree of the rights of the parties.
Finally, if the wife is pregnant with someone else's child at the time of the marriage and husband does not know about it , the husband has grounds for an annulment.
Annulling a marriage simply erases it from the records, as if it never took place. Children however will not become illegitimate just because the marriage was annulled.
Who Is Responsible For The Debts Of A Husband Or Wife?
You do not have to pay the debts of your spouse which were incurred before the marriage, and a husband or wife is not responsible for repayment of a debt incurred by the other spouse after the marriage, except to the extent that the debt is for necessaries. Necessaries include those things required for survival, including reasonable food, clothing, and shelter.
In addition, a spouse of an applicant for credit is ordinarily not liable for any debts where that spouse has not signed the application for credit, unless the credit was used for furnishing necessaries for which the spouse was liable under common law.
Under
If debts are incurred after marriage by only one spouse, the creditors are limited in their recovery to that spouse's individual property or his or her right of survivorship in property held as tenants by the entirety. If the spouse who owes the debts does not have any property of his or her own and dies before the other spouse, creditors would be entitled to no interest in the property owned by the surviving spouse.
Until now, we have discussed debts owed as part of a purchase of something. It is also possible for a problem to develop if one of the marriage partners becomes involved in a lawsuit stemming from an accident or injury. Generally, a married person is not liable for any injury or damages caused to another by his or her spouse. The one exception, however, is a case where that married person would be liable regardless of the marriage.
A person injured in an accident is treated no differently than any other creditor. If only one spouse is found liable to the injured person, then the injured person must seek recovery from property held by the debtor spouse individually or be limited to that spouse's right of survivorship in property held as tenants by the entirety.
As you can see, the problems of debts incurred by husband and wife can be complicated.
How Will The Property Of My Marriage Be Divided In A Divorce?
You may be concerned about dividing marital property. Marital property can include possessions, real property and money.
If you and your spouse cannot agree in writing on how to divide you property, the court will divide it for you.
If it is necessary for the court to become involved, the judge generally divides the property in the following manner:
First, the court must identify what property is marital property and what property is separate. Marital property is all the property that the parties get during the marriage, including the increase in value of the parties' separate property. After the marital property is identified, the court must "equitably" divide the marital property. This does not mean "equally", but actually means "fairly", the goal though is often to come as close to an even division as possible. The court does not consider who is at fault in the divorce in the division of property.
The court may order that certain property be sold and the money received be divided as the court feels is fair. This often happens when the husband and wife cannot agree on who keeps certain items.
Each case is different, and the court will base its decision on the wishes and needs of those persons involved. An example of a non equal distribution might be where the property in part consists of a business in which the husband is the only active participant. If it is impractical for both the husband and the wife to share this business property, the court may decide to award it to husband and award the wife the property of an equal value, or the court may order the business sold and any proceeds of the sale divided between the parties.
In general, the court can consider the entire situation of both parties involved in a marital dispute. The court attempts to divide the property as fairly as possible based on all the facts and circumstances. In doing this, the court tries to consider the interest and needs of the parties and custody of any minor children. For instance, the court may grant possession of the marital residence to the parent who has custody of the minor children, either while the children are under eighteen, and order it sold when the youngest child turns eighteen, or may award the residence to the custodial parent and offset the equity of the marital residence against other property.
The court also must consider the allocation of the marital debts.
The court may consider fault and the condition of the parties and award alimony in solido, that is lump sum alimony, where after an equitable division of the property, the court determines that one spouse needs more than the property to support him or her self.
Domestic Abuse
Abuse is a problem which affects many families and relationships in every ethnic, religious, and economic group. You are an abused person if any person abuses you physically or emotionally.
You have the right to stop the abuse. No person, not even your spouse, has a right to beat you or abuse you. You have the right to leave and find a safe place to stay. If you have children, make every effort to take them with you when you leave. If you have to leave without your children and feel they are in danger, call your county's Child Protective Services office to report the danger your children may face.
If possible, when you leave, take any property or money that belongs to you or you and your spouse together, including the car. If your abuser is not allowing you to remove your personal items from your residence, you may ask the police to escort you into your residence to get your things. Try to keep all important documents and papers together in a place where you can get them quickly if you must leave. Papers you may need are: your driver's license; marriage certificate; any papers showing legal ownership of your car or other property; financial records; and children's records, such as birth certificates, school records, and immunization records.
If the person abusing you lives or stays with you and you own or rent you house or apartment yourself, you can ask that person to leave at any time. It is unlikely that the police will remove a valid resident, especially your spouse, from your home if that person has been living there with your consent. If you and your abuser own or rent your residence together, that person has as much right as you to stay there. In the event your abuser will not leave voluntarily, it may be best for you to go to a shelter until you can obtain an Order evicting the abuser.
Many communities have shelters for abused persons and their children. If you do not have a place to stay with friends or relatives, or if you want a confidential, safe palace, you should consider going to a shelter. At the shelter you will be assisted in getting the legal, financial, and supportive help you and your children may need. Shelters offer a safe place for victims to stay while they get the help they need in finding positive ways to solve the problems domestic violence causes. It sometimes helps to talk to other victims who have been through the same experiences. In a shelter, you and your children will find that you are not alone.
If you are being abused, beaten or threatened, you can call the police to protect you. Whenever you call the police, tell them where you are and what is happening to you. If it is an emergency, call 911.
When the police officers arrive, show them your injuries, any damage to the house, describe what happened and give the officers the name of any witnesses. It is most important that you have the police make a report when they respond to our call. You can insist on this even though no arrest is made, or if you are not certain you will seek a warrant or Order of protection later. Before you sign the report, make sure it is accurate and complete. The police report is your record of what happened to you. You may need it later. Sometimes police officers will have a camera with them, if so, ask that pictures be taken of your injuries or the damage to your home.
If the person who assaulted you is still present, the officers may arrest that person if:
1. The officer observes an actual assault on you; or
2. The officer has probable cause to believe an assault took place before he arrived; or
3. The officer has probable cause to believe that the abuser has committed a different crime.
After an arrest, your abuser will be taken to the police station. Your abuser will probably be out of jail within a couple of hours on bail or on a promise to appear in court later. You should use this time to find another place for you to stay or to find people to stay with you in your residence.
Whether or not the abuser is present, the officer may offer assistance by:
1. Offering to take you to a location where you may obtain a warrant for your assailant's arrest and the officer may assist you in obtaining that warrant; or
2. Offer to transport you to a place of safety, such as a shelter or other similar service available in the community or the residence of a friend or relative;
3. Advise you of other rights you may have.
In the event that the responding officer does not make an immediate arrest, you may ask the Criminal Court to issue a warrant for your abuser's arrest. It is always wise to talk with either your county's Attorney General, the Attorney General's Victims' Witness Representative, or a domestic violence advocacy program to be sure you have the evidence necessary to prosecute a criminal action. In order to get a criminal warrant issued, you will have to appear before a Judge or Commissioner and tell your side of the story. If the Judge or Commissioner believes that a criminal statute has been violated, the Judge or Commissioner will issue the warrant for the arrest of your abuser. Once the warrant has been issued, the State will prosecute the abuser for you.
ORDERS OF PROTECTION
If the person who is abusing you or one of your children, is one of the people listed below, you may be able to use a civil Order of Protection to stop the abuse. If the abuser is a:
Spouse;
Person living as your spouse;
Person related to you by blood or marriage;
The parent of your child;
A person with whom you are having a sexual relationship where either person is currently pregnant.
Any other person jointly residing in the same dwelling unit who is eighteen (18) years of age or older, or who is emancipated.
You may ask for an Order of Protection from any court in your county which handles divorces. The Clerks of these courts are required to have "fill in the blank" petitions for you to complete. Currently, the person seeking the Order of Protection is not required to pay the court costs when applying. Court costs will have to be paid before the case is closed.
The application will ask for information about you, your residence, and the person against whom you are seeking an order of protection. You will also need to describe in detail, the reasons and events which cause you to want an Order of Protection. Once the application is completed, you will be asked to sign it under Oath and it will be taken to Judge or other authorized person for review.
After review, the Judge may issue an ex parte Order of Protection. You will be given a certified copy of the ex parte Order. Please keep this copy with you at all times. This ex parte Order will tell your abuser to stop abusing, threatening to abuse, or committing acts of violence upon you. It will also notify your abuser when to appear for a hearing. The ex parte Order does not require your abuser to leave your home nor does it keep your abuser away from you. Because abuse often increases immediately after service, you may want to find safe shelter before taking out the Order of Protection. Should abuse occur after you have obtained an ex parte Order of Protection, call the police.
Once signed by the Judge, the ex parte Order must be served upon the abuser. Service on the abuser can be done in two ways. The first is by the Court's process servers. Please make sure to give the process servers the best and most complete information you have about where your abuser can be found. If the Court's process servers can not find the abuser but you should see him or her out, you can use the second method of service.
The second method is for any uniformed officer to serve your abuser, using the copy of the ex parte Order the clerk gave you. When you see your abuser, call the police and request them to send an officer to serve your copy of the ex parte Order. Be sure to get the name and badge number of the officer who serves your abuser. Also ask the officer to be sure to report to the Court Clerk the fact that the abuser was served and how. If your original copy is used to serve your abuser, please get another copy of the ex parte Order from the court clerk to keep with you.
Once the abuser has been served, a hearing will be set within ten days of the day the abuser is served. Most of the cases do not have hearings because the parties agree to an Agreed Order of Protection. If there is no agreement and there is a hearing, each of you will have the opportunity to tell your side and the Court will decide whether to issue a Final Order of Protection. In deciding whether or not to issue an Order of Protection, the Judge will want to hear any evidence either side has such as doctors' or hospital reports, witnesses, or pictures. If he finds by a preponderance of the evidence, that is, over 50%, that the abuse occurred, he will issue a Final Order of Protection. The Final Order of Protection may last up to a year, and it is possible to extend one beyond that.
The Order of Protection will order your abuser not to abuse, threaten to abuse, or commit an act of violence upon you. It may also order your abuser not to come about you; require your abuser to move from your residence or provide another residence for you and children; address who is to have custody of your children; order your abuser to provide support for children you have together; and, if you and your abuser are married, order your abuser to provide support money for you.
This tape has given you some information about you legal rights as a victim of domestic abuse. Naturally, the tape has been too short to tell everything you need to know. In addition, every situation is different. For those reasons, you should talk with a lawyer or domestic violence advocate for more information.
Remember, no person has a legal right to hurt you, not even your spouse. You can use the law to stop the abuse you have suffered.
Co-Parenting and Residential Custodian
Frequently, the most important and difficult issue facing parents when divorcing is the living arrangements for their children. In many instances, the parents enter into an agreement that sets forth a co-parenting plan which ideally allows the children frequent and continuing contact with both parents, and affords each parent the opportunity to share the responsibilities and rewards of raising their children.
When parents cannot agree, the court will make the decision. Usually, the court designates one of the parents to be the residential custodian with greater co-parenting time because this allows stability which benefits the children. Occasionally, a true equal (50/50) division of time is allowed when the court is convinced that the parties are capable of sharing the decision making process in a manner consistent with the best interest of the children.
In making a co-parenting order, the court follows the principal that co-parenting must be determined on the basis of what is in the best interest of the children. This determination is made on all relevant factors including the following:
1) The love, affection and emotional ties existing between the parents and child;
2) The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary care giver;
3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
4) The stability of the family unit of the parents;
5) The mental and physical health of the parents;
6) The home, school, and community record of the child;
7) If the child is twelve or older, the preference of the child, if the child wishes to express a preference;
8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person;
9) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child.
Keep in mind that divorce may be the most traumatic event in the life of children. How parents deal with issues which arise in divorce will have a lasting effect on the children's mental health. Community mental health professionals specialize in all phases of family counseling. There are trained staff who will provide counseling to couples who are finding it difficult to get along. If you need help, call your local Child and Family Services (
Co-Parenting Time
In most cases where the co-parenting of children is involved, the court provides that one parent has custody and the other parent has rights of reasonable visitation. If you are awarded custody, you are called the custodial parent, and the other parent is call the non-custodial parent. In cases where the court simply awards reasonable visitation, you and your ex-spouse work out satisfactory visitation arrangements. As the custodial parent, you decide whether or not the request for visitation is reasonable. Some cases are simple. You do not have to permit visitation every day, at two in the morning, or when the other parent is intoxicated, under the influence of drugs, or doing something that would be harmful to the children. At the other extreme, it is unreasonable for you to deny visitation because you have hard feelings against the non-custodial parent; you plan activities which conflict with the other parent's visitation time; or the other parent is behind in child support payments.
If you and your ex-spouse cannot agree on co-parenting schedule, the court imposes a schedule that you must follow. A common practice is for the court to provide for co-parenting with the non-residential parent every other weekend from
What happens if you don't live up to the co-parenting schedule? No one can force parents to co-parent their children, but the court can require you to permit the co-parenting time.
Unless there is a serious reason such as a real danger to the health or welfare of the children, the excuse that the children do not want to go is not a valid reason to refuse co-parenting time. It is not the child's choice, and you should do everything to encourage visitation, despite your personal feelings about the other parent.
Another excuse for not denying co-parenting time is that the children are upset when they return from co-parenting time. g. A change in routine will normally produce some changes in a child's behavior. Again, unless there is a substantial threat to their health or welfare, co-parenting must follow the court's order.
The whole idea of visitation is to make children realize that they have two parents and that both parents, despite their personal differences, are entitled to love and to be loved in return. In addition, visitation maintains the bond between the non- residential parent and the children even though the matrimonial bond has been broken by divorce.
How Do I Enforce Co-Parenting Rights?
Until a court order on co-parenting time has been made, a father and a mother have equal rights with regard to their children. This situation can be confusing. Frequently, one of the first things to be resolved in the dissolution of a marriage is the co-parenting arrangement pending the final hearing of divorce. It may become necessary to obtain a temporary order regarding custody and visitation, and this should be discussed with your attorney.
Once a court order has been entered, you may take legal steps to enforce the co-parenting time awarded you. To do so, you must file a petition for contempt requesting that the other parent be held in contempt of court for not allowing you co-parenting time with the children as ordered. This customarily should be done in the court that granted your divorce. If the other parent is found in contempt by the court, then he or she may be ordered to abide by the court order and allow co-parenting time as ordered. In an aggravated situation, the court is authorized to punish the custodial parent for contempt of court by requiring payment of a fine or, possibly, incarceration.
To have the other parent found in contempt, you must show that the parent has knowledge of the order of co-parenting n and knowingly refused. If the other parent can show that reasonable efforts were made to comply with schedule, then the parent may be found not to be in contempt.
If the final decree does not prohibit the parent from removing the children from the state where the court having jurisdiction over the divorce matter is located, the other parent may move along with the children to another state as long as the move is not motivated solely by vindictiveness or other inappropriate reason on the part of that parent. The parent is obligated to file a petition with the court requesting a modification of the previous co-parenting arrangement. In responding to this petition, the other parent may attempt to contest the move if they can show that the move is occurring out of vindictiveness or solely to defeat their co-parenting rights. If the court has ordered that the children not be removed from the state, either of the parents can file a petition for requesting relief from the court.
Both the petition for contempt and the petition to modify usually require the help of an attorney. Generally, you will be held responsible for your own attorney fees and expenses, although in some instances, the court orders the other parent to pay some or all of the attorney fees and expenses.
Don't forget that sometimes there are very legitimate reasons why co-parenting time is denied on a specific occasion. Bringing a contempt action can bring back emotional tension from the past on the part of not only the parents involved, but also on the part of the children.
Try to be as objective as you can before pursuing any legal remedies for denial of co-parenting time.
How Is Financial Support For A Child Or Spouse Established In A Divorce?
Marriages in the state of
Alimony is the money a former spouse is ordered to pay the other spouse by the court. Child support is the money paid by one parent for the care, support, education, and upbringing of children from the marriage.
The amount of child support and alimony varies in each individual case. If the parties cannot agree, the court has to decide whether or not alimony will be paid at all and the amount of alimony which will be paid.
There are several things the court takes into consideration in making the decision to award support. In the case of alimony, the court considers the number of years of the marriage; the earnings of the spouse asking for support; and the ability of that spouse to work and earn a living. Also considered are the earnings and ability to pay of the spouse who is asked to pay alimony; the standard of living of both people involved; and the amount of money owed by both parties.
Generally, all of these things determine whether or not support will be paid at all and the amount of support the court will order. For example, the more a spouse earns, the more support he or she may be required to pay. A spouse with a small income would not be expected to pay as much as one whose earnings are very high.
If the spouse requesting support is ill or under doctor's orders not to work, more support may be required. On the other hand, if both have the ability to earn a living and support themselves, less support or no support will be awarded by the court. The court attempts to be as fair as it can to both parties.
The duration of alimony payments depends on a number of factors, including the ability of the spouse seeking support to work, past earning ability, future earning ability, his or her age, the length of the marriage, etc. Generally, the longer the marriage, the longer the period of support; therefore, a marriage of twenty years would probably require a longer term of support than a marriage of five years.
Upon request of the paying spouse, the court may terminate alimony when the spouse receiving the payments remarries or cohabits with a third party.
Alimony is not, however, awarded as punitive or compensatory damages for the failure of the marriage. The court may, however, consider relative fault of the parties. The sole purpose of alimony is to provide the means by which the supported spouse can "rehabilitate" himself or herself to the position occupied when he or she entered into the marriage. In general, courts award more rehabilitative alimony than any other type. This could include tuition or the costs of a training course plus some support. The time limitations on this type of alimony are shorter: generally, one or two years. The amount of child support to be paid by each a parent is determined by the use of spreadsheet or formula which factors in the earnings of each parent, the number of days each parent spends with the children, payment for child care expenses and major medical insurance for the children.
In most cases, child support stops when the child reaches age eighteen or when the child graduates from high school (if he or she is graduating with his or her class), whichever is later; when the child dies; when the child marries; or when the child lives on his or her own away from the custodial parent.
You must petition the court and get a court order to stop the support. Either party may request a court hearing to have the amount of support raised or lowered during or after the divorce. If you are paying child support, the only way to stop paying and not have an arrearage accumulate is to go to court; otherwise, the custodian can come back years later and petition for and receive a judgment against you for unpaid support payments. Nothing, including unemployment, illness, or agreements with your former spouse will authorize the nonpayment of ordered child support payments.
Support for a spouse or children may cost a large sum over the years. Legal representation may be a good investment to be sure your legal rights are protected.
What If Child Support Or Alimony Is Not Paid?
If your former spouse has fallen behind, either in alimony or child support payments, there are several legal steps you may take to enforce your rights to those payments which the court has awarded to you.
You can take is to file a petition for contempt and obtain an order to show cause why the payments are not being made. This will bring the supporter back in front of the court that granted the divorce or in front of the child support referee. You need to have exact addresses and places of where the supporter cans be served with the papers when the petition is filed.
You can file this petition through the child support agency of the juvenile court for the county in which you live at no cost, or you can have a private attorney do the job for you. The supporter can be placed in jail for non-support if the judge finds that he or she willfully chose not to pay the support. You can also get an order for the amount of the support which was not paid, which is called an arrearage. Additionally, you may ask the court to order that future child support or alimony be paid directly to you by the employer through a wage assignment order. A statute provides that this is the appropriate way for child support to be paid and the court may elect to use this payment method for alimony as well, particularly if there has been a previous failure to comply with timely payment of the alimony.
If the supporter has moved out of this area, you need to file a petition using the Uniform Reciprocal Enforcement of Support Act called "URESA." The local child support agency will send the petition to an office of the city where the supporter lives, and a court action will be filed against that person. Again, is it important to have the exact addresses and, if known, the employer as well as the supporter's Social Security number for tracing. This is a lengthy process, so you need to start it as soon as possible. All people are eligible for IV-D services, regardless of their income. You do not have to be receiving welfare benefits to be eligible. You can also go to IV-D and file and Internal Revenue Service intercept which will take any refund due the supporter from income tax for payment of child support arrearage. This must be done by June 30th for that particular tax year.
It is best if you can calculate exactly how much money the supporter owes you. You can do this by showing month by month the amount of support he or she owes and multiplying that by twelve for the year. If the court order states a weekly amount, you multiply the weekly amount by 4.3 weeks in order to get a monthly amount, as using four weeks will be incorrect because there are some months with five weeks. Try to be accurate in your records since you will have to swear under oath that your figures are correct.
Your Name -- Keeping It Or Changing It
Adults living in
This message discusses three matters relating to formal legal names: a married woman's name, court procedures to change an adult's legal name, and special rules for changing the legal name of a minor.
A woman who marries may accept the last name of her husband or may keep her prior name, whichever she prefers. Either name she selects and uses automatically will become her legal name. A married woman is entitled to obtain a credit card and other business accounts in the legal name she selects and uses. No business or agency in
A woman who has chosen to use her husband's last name but who later receives a divorce, annulment, or dissolution may request that the court officially restore her former name. The court usually will grant such a request. A woman who receives a divorce or remarries may not change the legal name of the children, however, without filing a separate petition in court to do so.
Following the procedure provided by
A petition for a change of name should be filed on the courts of the county where the petitioner lives. The petition generally will include such information as the petitioner's place of birth, current name and address, proposed new name, reason for wanting to change names, and the names and addresses of the petitioner's parents or nearest living relatives.
The court will schedule a hearing on the proposed name change. Interested people may appear at the hearing to support or oppose the change. The court normally will approve a petition for a name change, unless there is evidence that the change is intended to defraud someone, to interfere with the rights of others, or to avoid criminal prosecution.
If the court approves a petition, it will issue a judicial decree changing the petitioner's name. To complete the change, the petitioner should send a certified copy of the decree to the agency where his or her birth certificate is recorded. For someone born in
A child under the age of 18 may not file a petition to change his or her legal name, but an adult parent, guardian, relative, or friend may petition the court on behalf of the minor child. A child's name may also be changed as part of an adoption or legitimation procedure in court.
A court which receives a petition to change a child's name may require that a child's parents be notified. The father of a minor child has some legal interest in the child's last name, and the father can assert such a right at the court hearing.
If a court issues a judicial decree changing a child's name, a certified copy of the decree should be sent to the agency where the child's birth certificate is recorded.
Child Abuse
Every child has the right to grow up in an environment which promotes his or her health and safety, free from abuse and neglect. When we talk about abuse and neglect, we are not merely talking about physical abuse but also mental and sexual abuse.
The cycle of abuse is often repeated from generation to generation and may require professional intervention to break the chain. Also, many instances of child abuse or neglect to unreported because people don't want to get involved, or believe that it will disappear in time, or are simply afraid of legal liability. The laws of
Tennessee Code Annotated, Title 37, Chapter One, Part Four requires that any person having knowledge of child abuse or neglect must report the abuse to the Juvenile Court Judge, or the Department of Human Services, or the Sheriff or Chief of Police. Failure to report child abuse or neglect is a crime. Reports of child abuse are confidential and if the report is made in good faith, the person making the report cannot be sued or charged with crime for reporting.
The report of abuse leads to an immediate investigation and if the situation calls for it the child may be removed from the home.
If the authorities believe that there is a need for court intervention, a petition will be filed in Juvenile Court asking the court to intervene and protect the child. This is called a dependency and neglect action. It is not a criminal action and no one is charged with a crime. A separate criminal action can be instituted. In a child abuse case in Juvenile court the petition alleges that the home of the child is unfit by reason of neglect, cruelty, depravity, or physical abuse by the parent, guardian or other person having custody.The petition alleges certain facts, which if the court finds are true, could cause the child to be declared dependent and neglected.
If it is possible that a parent may lose parental rights, they have a right to be represented by an attorney. If they cannot afford an attorney the court will appoint one.
After a finding that the child is "dependent and neglected", the court may make an order to protect the child. The court has the power to remove the child from a custody of persons otherwise entitled to custody and to order participation in counseling and psychiatric sessions. The court also has the power to place the child in the home of a relative or into foster placement.
The dependency cases are reviewed from time to time to determine the current status. At these review hearings, the court reviews the case and determines what will best serve the minor at that time. Once the court assumes jurisdiction over a child, it may continue to intervene until the child reaches 18 years of age.
In some instances, the investigation leads to a criminal complaint being filed. The basic child abuse provision in
To report child abuse, call the Department of Human Services - under
General Information About Adoptions
BECOME A FOSTER
OR
ADOPTION PARENT
Call HAMILTON COUNTY Regional Office of the DEPARTMENT OF CHILDREN’S SERVICES at
The adoptive parents and child acquire the same relationship and the same rights and responsibilities as in the natural parent-child relationship.
A successful adoption is probably one of the happiest of all legal proceedings. There can be complications and pitfalls, however, and because of this, anyone thinking about adoption should be fully aware of any problems that may be encountered along the way. After
Adoptions may be arranged privately or through an adoption agency operated or licensed by the state. Whether the adoption is through an agency or by private arrangement, certain procedures are alike.
An agency adoption is one in which a child is found through a state licensed adoption agency after being placed there by one or both of the natural parents. The agency will assist you in determining your own particular wants and needs and in locating a child suitable for you. The consent to an adoption, signed by a natural parent, is usually the most complicated part of any adoption proceeding and one advantage in going through an agency is that proper consent is taken care of by the agency when the child is placed for adoption and before the adoptive parents become involved.
An independent or private adoption is one in which an adoption agency is not involved. It is unlawful for anyone other than a licensed adoption agency to charge anything for services connected with an adoption and it is unlawful to sell or purchase a child. Therefore, anyone involved with a private adoption should be aware that the only exceptions where payments can be legally made or charged are payments for reasonable hospital costs actually incurred and not covered by any for of insurance for the mother and child, payments for the necessary, actual prenatal care and living expenses of the mother and child, payments for the necessary, actual living and medical expenses of the mother for a reasonable time not in excess of thirty days after the birth of the child, payments for counseling services for the birth mother, and payments for legal services and court costs for the adoption proceedings.
Generally a surrender of parental rights is executed by the birth mother and possibly the birth father. In an agency adoption, the surrender is to the agency who then determines where the child will be placed for adoption. In a private adoption, the child is surrendered directly to the adoptive parents. If the birth father does not voluntarily surrender his rights or consent to the adoption, either the agency or the adoptive parents take steps to terminate his rights. After this child is placed with a family by an agency or through a private placement, a petition for adoption is filed first.
Sometimes when the natural parents will not consent to an adoption but they have not visited or supported their child, their parental rights can be terminated as part of the adoption proceedings and the adoption can proceed without their consent. However, courts are very reluctant to terminate a parent's relationship to a child without that parent's consent.
After a petition is filed, the child is in the custody of the prospective parents for a period of from six months to one year before the adoption may become final. During this period the child's welfare is checked though visits from a court authorized agency. This is called a home study. After
Perhaps the most common type of private adoptions are those where the adopting parent or parents are a relative of the child. Where the child is by blood a grandchild, nephew or niece of one of the adopting parents or the stepchild of the adopting parent, the court may decide to waive the probationary period and investigation of the child's welfare and the final adoption decree will be granted very soon after the court proceedings are begun.
Step-parent adoption is very common. A husband or wife may want to legally ensure the informal relationship that already exists with a child from the spouse's previous marriage. This gives the step-child the same name and same rights as other members of the immediate family. Often a step-parent has lived with the child for a number of years, feels a closeness to and a responsibility for the child, and wants to make the relationship legal and permanent. It may seem a mere formality, but it is necessary if the step-parent wants the step-child to have all the same rights his natural child would have. In step-parent adoptions, as with all other adoptions, if the child is fourteen years of age or older, he or she must give her consent to the adoption. The divorced natural parent must also either give consent or have his or her parental rights terminated as part of the adoption proceedings.
Most adoptions involve children, however there is nothing which prohibits an adult from adopting another adult. The legal procedure is similar to that involved in other types of adoptions but is much simpler.
