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Family Law

Family Law Newsletters

Common Mistakes Made in Divorce Actions With Respect to Children and Finances

Typically in a divorce action one or both parties have a lot of hostility and animosity toward one another. Individuals make a barrage of mistakes. Some mistakes may not only be harmful to the individual himself but may also be financially harmful.

Discovery in Divorce Actions

If a divorce case is contested then a trial may occur. Prior to the commencement of the divorce trial discovery will take place. Discovery is a process by which both parties are able to obtain or attempt to obtain information needed for the divorce proceedings. The discovery mechanisms are the same discovery mechanisms that are used in civil trials. The angle for the usage of the mechanisms is slightly different for divorce actions.

Foster Children

A child may be removed from a household if they are abused, either sexually or physically, or neglected. The child may be neglected in that they are not provided with their basic needs such as food, shelter, and emotional stability. The goal for the foster child is that the child be cared for by capable foster parents for a temporary period of time.

Jurisdiction and Venue in Divorce Cases

Venue is the place, county, or geographical area that an action is brought. Jurisdiction deals with the proper court to hear the case and the court’s power to hear the case. For purposes of a divorce action, the action is typically filed in the state where the parties have resided for a period of time prescribed by statute.

The Family Support Act of 1988

The Family Support Act of 1988 amended the guidelines provisions of the Child Support Enforcement Amendments of l984 by requiring that a state’s support guidelines operate as a ”rebuttable presumption” of the correct support amount in any judicial or administrative proceeding for the award of child support.

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