Our Law Blog

Our Law Blog and Articles is an online publication that covers our latest news, hot cases, emerging trends and big personalities in law. It’s brought to you by Attorney Matt J. Rudy.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that has been used in the blog.
  • Writers
    Writers Search for your favorite blogger from this site.
  • Archives
    Archives Contains a list of blog posts that were created previously.
  • Login
Recent blog posts

b2ap3_thumbnail_protective-custody.jpgEnding protective service for a person or child requires knowing the situation fully and if it is in the best interests of the individual. Doing this against the recommendation of a doctor is not advisable, but it may be possible with the right circumstances.

...
Hits: 360
Rate this blog entry:
2

Posted by on in Divorce

b2ap3 thumbnail mental-illiness-divorce

Mental health issues are widespread nowadays and have been discovered to be a leading cause of divorce.
Not surprisingly, individuals suffering from depression, PTSD, or addiction issues have the greatest probability of separating from their spouse. Unfortunately, obtaining a divorce and dealing with a mental illness can be difficult as symptoms often become worse under stressful conditions. Individuals suffering from mental illnesses may become more defensive or anxious, cause frequent outbursts, or be generally uncooperative. Fortunately, there are a number of ways to alleviate the stress that can come from a toxic divorce.

...
Tagged in: divorce family law
Hits: 339
Rate this blog entry:
2

b2ap3_thumbnail_Rudy-family-law-divorced-traveling-with-child.jpgThere are many reason why a parent may need to be concerned about their child being taken out of the country.
Perhaps you are married to another country’s citizen? Or maybe you have simply gone through a divorce and you are worried whether or not your ex-spouse could take your child out of the country. These fears are valid and completely natural, but perhaps not completely warranted.

First and foremost, as with all legal matters, the absolute best thing you can do is hire an attorney that is experienced in this exact matter. A family law attorney with experience in international matters is your absolute best bet if you want to know everything there is to know about a situation like this one.

...
Hits: 393
Rate this blog entry:
1

b2ap3_thumbnail_Rudy-family-child-custody.jpg

This may lead to a family law legal representative or recommendations and fact sheets online or through loved ones. No matter who is seeking the custody, it may be an uphill fight depending on all the circumstances of the case and those involved. There are many elements that must be analyzed thoroughly so that the judge is able to discover the best candidate to take the primary custody for the youth.
Mothers are often considered at an advantage when attempting to gain full or primary custody of a child. While this may be true when the judge is biased towards the female spouse, this is not always true. Many determining what course to follow take all facts, pieces of evidence and testimonies into account when placing the youth. This means that no matter what the gender of the parent, it is vital that both a case and a lawyer are hired for better chances at success in these matters. When a father has gainful employment, a nurturing environment and better circumstances, it is possible he may obtain primary custody of his son or daughter. This makes it more important to ensure the same is true of the mother if she is seeking the same type of custody through the court.

...
Hits: 432
Rate this blog entry:
2
 

 

b2ap3_thumbnail_Rudy-family-digital-assets.jpgToday’s society largely stays in touch over social media and other electronic means. Individuals may share a number of digital assets or may want to keep them separate. Knowing how digital assets will be treated and divided in the event of divorce or death can provide clarity to this issue. Prenuptial agreements can help safeguard digital assets.

...
Hits: 459
Rate this blog entry:
2

b2ap3_thumbnail_Rudy-Family-Law-Dating-During-Divorce.jpgBefore considering to date someone while a divorce is still being finalized or has not had the paperwork completed may risk negative consequences. There are often possible legal ramifications to understand that could cause a negative impact on the individual that does date another person when going through a divorce. These issues could affect the divorcing partner and the other dating him or her.

...
Hits: 483
Rate this blog entry:
4

b2ap3_thumbnail_Rudy-family-law-child-custody.jpgChild custody laws are based on state law. There are a number of different types of custody. What is best in a particular case depends on the state laws, the parents’ agreement and the circumstances.

...
Hits: 520
Rate this blog entry:
4

b2ap3_thumbnail_Rudy-Family-lawyer-Domestic-Violence.jpgDomestic violence is a highly underrated crime. Many people do not even understand that they are facing a domestic violence at home and they continue to suffer it. Domestic violence is not limited to physical assault but many verbal, emotional, and sexual abuse are considered the parts of domestic violence.

...
Hits: 496
Rate this blog entry:
4
 

 

b2ap3_thumbnail_Rudy-family-law-Forensic-Accounting.jpgAn experienced divorce attorney will be able to advise if using a forensic expert accountant will substantially help a case for dissolution of marriage. They will know the possible financial advantages versus the cost.

...
Hits: 467
Rate this blog entry:
4

b2ap3_thumbnail_child-divorce-2016.jpgWhat some divorcing parents would like, more than anything, is for the other parent to vanish. They believe that would solve all their problems. What they don't recognize is that when one parent disappears, the children's problems generally get worse.

A few years ago a case in the Court showed us what a high price children can pay when they lose a parent through divorce.
The case had started 14 years earlier. The divorcing parents had a one-year-old daughter. They were quarreling about how much time dad should spend with her. At some point the mother grew weary of the fight, and she moved to Nevada where she filed a second divorce suit. People could do that back then. It seems the father had also grown weary of the fight, because he ignored the Nevada court papers.

...
Hits: 570
Rate this blog entry:
6

b2ap3_thumbnail_family-law-attorney-in-monterey-2.jpg

Abandonment: A Divorce Issue

In high conflict divorces, those that never seem to end, abandonment is a common factor.
These days, when we see divorced spouses returning to court two or more years after the divorce process was technically completed, we inquire into their early childhood experiences, and we frequently find abandonment trauma in their family histories.
The most obvious form of abandonment is when a parent deserts the family, but it can also be the result of a parent dying when a child is young. Sometimes the effect of a parent being ill and away at hospitals or just not able to invest adequate time and energy into parent/child interactions is perceived by the child as abandonment. It can even be one consequence of parental drug or alcohol abuse. A substance-impaired parent is not emotionally available, and to a child that can feel like abandonment. Not surprisingly, many adopted children have feelings of abandonment.

...
Hits: 553
Rate this blog entry:
6

b2ap3_thumbnail_bigstock-latin-business-man-worried-pay-70398460-resized-600.png When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important considerations in this assessment.

Necessaries Doctrine

At common law, the spouse – typically the husband – was legally liable for the support of the other spouse. This right could be enforced on the spouse, either by the other spouse or by third-party creditors. Today, some states have established statutes that require a spouse to be responsible for necessary or family expenses, even in the absence of an express agreement to pay such a debt.

...
Hits: 1116
Rate this blog entry:
4

b2ap3_thumbnail_private-investigator-career.jpg Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.

Evidence of Adultery or Misconduct

A private investigator can investigate if a spouse is committing adultery or other types of marital misconduct. Every state has no-fault divorce laws that do not require the evidence of wrongdoing in order to grant a divorce. However, marital misconduct is sometimes relevant for proceedings involving spousal support in states in which support is barred if one party’s conduct led to the demise of the marriage. Additionally, marital misconduct may also help provide more favorable terms for a spouse under a prenuptial agreement.

...
Hits: 1061
Rate this blog entry:
4

Posted by on in Spousal Support

 

b2ap3_thumbnail_Spousal-Support-Page-Writing-a-Check.jpg

...
Hits: 1082
Rate this blog entry:
4

Posted by on in Prenuptial Agreements
 

b2ap3_thumbnail_The-Catch-15-Reasons-why-a-Pre-Nup-Discussion-Can-Ruin-Everything-photo11.jpg Although couples do not enter a marriage with divorce in mind, a prenuptial agreement (prenups) can protect both parties and avoid a long, costly divorce process.

Traditionally, wealth was the driving factor behind premarital agreements; today they are commonly thought of as a financial plan that sets forth expectations in a marriage.

...
Hits: 1132
Rate this blog entry:
4

Posted by on in Child Support

b2ap3_thumbnail_download-1.jpg Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.

By Court Order

...
Hits: 1281
Rate this blog entry:
3

b2ap3_thumbnail_lgbtDivorce.jpgMany in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community celebrating a victory, not only for them, but for the Court’s interpretation of the constitutional rights of all Americans.
In the majority decision of the Court, all states must perform and recognize same-sex marriages, even if the marriage was performed outside of the home state of residence. Citing the protections offered by the Fourteenth Amendment Due Process Clause, the Court has given same-sex marriages the equal constitutional protection that heterosexual marriages are granted.

Justice Anthony Kennedy authored the Court’s opinion stating that the fundamental ideals of marriage are the same for both same-sex marriages and those between a man and a woman. Marriages based on love, fidelity, devotion, sacrifice, and family apply to both types of marriages and should be available to two consenting adults who respect that union. He added that same-sex couples want the same type of committed and respected marriage that heterosexuals enjoy where two people come together and become greater than before. To deny them of that right is unconstitutional in the eyes of the law.

...
Hits: 1272
Rate this blog entry:
3

b2ap3_thumbnail_child-support-13.jpg State laws determine how and when a person can be ordered to pay child support. Additionally, these laws dictate the window in which a person can collect arrearages.

Legal Duties

Every state denotes that both parents are responsible for supporting their children until the child reaches the age of majority. This often means that child support remains due until the child turns 18. However, many states permit child support orders to last longer than the child’s 18th birthday.

...
Hits: 1241
Rate this blog entry:
2

b2ap3_thumbnail_20121116202428-9.jpg Family courts around the country recognize that spouses own some property that is separate from what they accumulated as a marital couple. Those assets that comprise the marital estate are subject to division at the time of divorce while separate property is generally excluded from a divorce award.

Premarital Property

The property that a person brought into the marriage is usually off-limits to the other spouse. However, this can change if the old property has comingled with marital property. For example, a bank account can become comingled property if the other spouse was added to the account or funds were used from the account that make transactions indistinguishable between separate transactions and marital transactions.

...
Hits: 1356
Rate this blog entry:
2

b2ap3_thumbnail_download_20160428-003849_1.jpgThe Supreme Court has acknowledged the validity of same sex marriage throughout the country. Of course, after parties get married, some of those parties decide to divorce. However, not all divorces are treated equally, because some of the doctrines surrounding divorce have traditionally been applied only to long standing heterosexual marriages.

For example, one of the grounds often asserted to obtain a divorce is that of adultery. However, adultery has traditionally been given a limited and narrow definition, involving vaginal intercourse between a married person and someone other than his or her spouse. Because of this limited definition of adultery, typically interpreted to apply to sexual intercourse between a man and a woman, by definition it is technically not applicable to infidelity in a same – sex relationship. As a result, this limited definition may deprive same sex couples of this ground for absolute divorce. It would be appropriate for the legislature to consider expanding the definition to be applicable to physical relationships between persons of the same sex.

...
Hits: 1381
Rate this blog entry:
4