ADOPTION
DIVORCE
CHILD CUSTODY
CHILD SUPPORT
ALIMONY
PATERNITY
STEPPARENTS' RIGHTS
GRANDPARENTS' RIGHTS
DOMESTIC VIOLENCE
SPOUSAL ABUSE
RESTRAINING ORDERS
ASSET DIVISION
PRENUPTIAL AGREEMENT
POSTNUPTIAL AGREEMENTS
ADOPTION
National
Adoption Information Clearinghouse
A service of the Children's Bureau, Administration for Children
and Families, U.S. Department of Health and Human Services. The
mission is to connect professionals and concerned citizens to
practical, timely, and essential information on programs,
research, legislation, and statistics to promote the safety,
permanency, and well-being of children and families.
North
Carolina Adoption
Adoption.com is committed to helping as many children as possible
find loving, permanent homes. Critical information is available at
the decision-making moment to women facing crisis pregnancies.
Assistance is provided for adoptees and birthparents to find birth
families. There is help for special needs children in the U.S. and
around the world, who otherwise wouldn't be able to find families.
Independent
Adoption Center - North Carolina
IAC makes open adoption accessible throughout the United States to
birthparents, adopting parents and adoptees. Center officials
provide information about open adoption for those seeking to start
the adoption journey. The Center has adoption counselors located
throughout the United States with offices in Pleasant Hill,
(Northern) California - Los Angeles, California - Atlanta, Georgia
- Indianapolis, Indiana - Raleigh, North Carolina
Foster
Child Adoption in North Carolina
Each county in North Carolina has a Department of Social Services
that provides or arranges for adoption services. In addition to
public agencies, there are private agencies licensed by the N.C.
Division of Social Services. Public agencies provide adoption
services at no cost to applicants interested in children in the
foster care system.
Adoption
Services in North Carolina
The agency focuses on matching North Carolina birthmothers with
North Carolina adoptive parents. The agency consists of adoption
counselors located throughout the state of North Carolina which
provides personal counseling to birth parents. The Directors
founded the agency to give personalized and compassionate service
to birthmothers.
National
Council for Adoption
A champion of adoption since its founding in 1980, the NCA is an
advocate for state laws that promote sound adoption policy. It
also is a resource for federal officials and policymakers
regarding appropriate federal adoption initiatives and reform as
well as a diplomat for sound international adoption policy. A
source of adoption facts and education, NCFA is devoted to serving
the best interests of children through adoption.
Adoption-Baby
Adoption
A how-to guide to adoption and foster care that provides access to
thousands of resources addressing all aspects of the subject
including extensive coverage of international adoption issues.
Essential subjects include thinking about adoption, becoming a
foster parent and foster care.
Adopting a
Baby
For those seeking to become adoptive parents, information is
available about who can adopt, the home study, procedures, terms,
options, costs, facilitators, agencies and professionals for
domestic and international adoption. Resources include education
and online information for foster parents in the US, Canada and
around the world. Resources also are available for parents and
expectant parents considering placing a child for adoption.
Christian World
Adoption
An active member of the Joint Council on International Children's
Services, the Christian World Adoption is fully licensed in the
States of South Carolina and North Carolina, placing children
throughout the U.S. as well as other countries (call for details
for non-U.S. residents). Thousands of children from 15 countries
have been placed since 1991 and has active adoption programs in
several countries, providing great flexibility.
BACK TO TOP
DIVORCE
Americans
for Divorce Reform
Supporting cultural and legislative efforts to reduce divorce.
This site contains discussions, reviewed articles, information
about legislation, polls, and current grounds for divorce in all
states, to name a few.
Teens
Dealing with Divorce
About half the marriages in the United States today end in
divorce, so children of divorce are certainly not alone. It may
seem hard, but it is possible to cope with divorce - and have a
happy family life in spite of some changes divorce may bring.
After all, couples divorce one another, not their kids.
Obtaining
Divorce Certificates
From the National Center for Health Statistics, information is
available on a state-by-state basis on how to obtain an official
divorce certificate. These records are filed permanently in a
State vital statistics office or in a city, county, or other local
office. To obtain a certified copy, write or go to the vital
statistics office in the State or area where the event occurred.
Addresses and fees are given for each event in the State or area
concerned.
BACK TO TOP
CHILD CUSTODY
Guidelines
for Child Custody
Decisions regarding child custody and other parenting arrangements
occur within several different legal contexts, including parental
divorce, guardianship, neglect or abuse proceedings, and
termination of parental rights. Guidelines were developed for
psychologists conducting child custody evaluation, specifically
within the context of parental divorce. These guidelines build
upon the American Psychological Association's Ethical Principles
of Psychologists and Code of Conduct.
Child
Support Enforcement, NC
Each year, more than 300,000 North Carolina families struggle to
make ends meet because of parents who don't pay their child
support. The N.C. Child Support Enforcement Program is committed
to it mission to help in securing financial and medical support
for the children in these families.
Mediation
Prior to Court System, NC
Mediation is a process in which a professionally trained neutral
third party assists parents in developing an agreement that
provides for the care of their children during and after
separation. The goal of the mediation process is to provide the
litigant a forum to discuss parenting issues that involve both
parents in the continuing care of their children. The agreement
focuses on the children's needs as well as the on the rights and
responsibilities of both parents.
Win Child
Custody
This site contains a series of books on divorce and child custody
issues. It includes bibliography, abstracts and tables of contents
and on-line purchasing.
Child
Custody Issues/Parent Mental Illness
Some state laws site mental illness as a condition that can lead
to loss of custody or parental rights. Parents with mental
illnesses often avoid seeking mental health services for fear of
losing custody of their children. Custody loss rates for parents
with mental illness range as high as 70-80 percent.
BACK TO TOP
CHILD SUPPORT
Child
Support Enforcement Abroad
Child support enforcement is a high priority for the United States
Government . The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 as amended, strengthened and improved
child support collection activities. This site answers such
questions as what countries does the US have child support
enforcement agreements with at present.
North
Carolina Child Support
Here you will find complete child support information and be able
to conduct transactions, whether you are a parent, an employer or
a child support worker. Other important websites included here are
NC Division of Social Services, Health and Human Services, More NC
Child Support Enforcement Information Services and Child Support
Services in Other States.
UNC
North Carolina Child Support
This website is designed primarily for North Carolina judges,
child support enforcement agencies, and attorneys who are involved
in establishing, modifying, and enforcing court orders for child
support, but anyone is welcome to browse the website and use its
resources.
Social
Services, NC
Child Support Services promotes parental responsibility by
locating non-custodial parents, establishing paternity, support
and medical obligations, enforcing existing child support orders
and collecting child support. This service is available to the
general public for a fee of either $10 or $25, which is determined
by a sliding fee scale.
NC
Office of Administrative Hearings
For filing a contested case if you have received a Notice of
Intent to Intercept your taxes for child support from the North
Carolina Department of Health and Human Services and the notice
sets out your appeal rights specifically to the Office of
Administrative Hearings.
Child
Support Information / State Phone Numbers
This is a referral guide that includes official states' phone
numbers to obtain information regarding child support, income
withholding, paternity, support order establishment, modification
and review adjustment, to name a few.
National Child
Support Enforcement Association
NCSEA (National Child Support Enforcement Association) is the
nonprofit, membership organization representing the child support
community. NCSEA promotes the well-being of children through
professional development of its membership, advocacy and public
awareness. Membership includes line/managerial/executive child
support staff; state and local agencies; judges; court masters;
hearing officers; government and private attorneys; social
workers; advocates; corporations that partner with government to
provide child support services and private collection firms.
NC
Child Support Guidelines
Section 50-13.4 of the North Carolina General Statutes requires
the Conference of Chief District Judges to prescribe uniform
statewide presumptive guidelines for determining the child support
obligations of parents, and to review the guidelines periodically
(at least once every four years) to determine whether their
application results in appropriate child support orders.
Child
Support Data
US Census Bureau statistics in reports, briefs, and research
papers on child support. How the data is collected and surveys
used to obtain child support information.
BACK TO TOP
ALIMONY
Tax
Topic - Topic 452 Alimony Paid
This topic covers alimony under divorce or separate maintenance
decrees or written separation agreements entered into by you and
your spouse or former spouse after 1984. It explains what is
deductible if you pay alimony, and what is taxable if you receive
alimony. You may deduct the alimony or separate maintenance
payments you are required to make to your spouse or former spouse,
or to a third party on behalf of that spouse.
Alimony
- Tax Glossary
Information about tax preparation and reporting of alimony.
Alimony is money received or paid to a former spouse under a
divorce decree or separation instrument. Also called separate
maintenance. If you paid or received alimony, you must use Form
1040. The person paying the alimony must also report the Social
Security Number of the person to whom alimony was paid.
Deductible
Alimony Calculator
When alimony payments decrease substantially or end during the
first three calendar years, the so-called alimony recapture rule
can come into play. The three-year period starts with the first
calendar year that alimony payments are made under a decree of
divorce or separate maintenance or a written separation agreement.
Alimony
News - Topics - NY Times
News about alimony, including commentary and archival articles
published in The New York Times. The site includes a list of
subjects that are directly and indirectly related to divorce and
alimony actions that were reported.
Feminists
on Alimony
This site called the "Liz Library" contains articles,
reviews, research, commentary and opinion on motherhood, divorce
and alimony from a women's perspective. There are a host of topics
under the theme of maternal feminism.
BACK TO TOP
PATERNITY
Paternity
Information Page
Created to present paternity information for fathers from a
father's point of view. A frank and revealing presentation of
paternity information by and for fathers is made. Currently
paternity is strongly linked to child support; therefore, child
support and its link to paternity is discussed.
Genetree DNA
Testing
GeneTree is committed to providing highly service-oriented DNA
analysis and counseling for researching biological relationships.
The company works with a number of other corporations to provide
high quality DNA testing services such as paternity testing, DNA
banking and more.
NC
Child Support Enforcement - Paternity
When the location of a noncustodial parent (NCP) is known and
confirmed and paternity is at issue, the local CSE agency is
responsible for proceeding with attempts to establish paternity.
This site addresses policy and procedure on paternity enforcement
in North Carolina.
Frequently
Asked Questions - Paternity
Utah Department of Human Services website provides general
definitions and specific information about the most common issues
surrounding the subject of paternity. Additional data include
employer information, child support calculator, financial data
match program and public policy issues. There also is a helpful
glossary of terms.
FCIC:
Handbook Includes Establishing Paternity
From the handbook on Child Support Enforcement comes section III.
Establishing Fatherhood: Paternity. All states have programs under
which birthing hospitals give unmarried parents of a newborn the
opportunity to acknowledge the father's paternity of the child.
States must also help parents acknowledge paternity up until the
child's eighteenth birthday through vital records offices or other
offices designated by the state.
MedicineNet
- Paternity Tests Back Dads Claims
Medical article: Ninety-eight percent of men raising children they
believe to be their biological offspring are right to think so,
according to the largest review of paternity and genetic test data
ever conducted. Even men who actively seek out paternity tests
because they doubt their paternity turn out to be wrong most of
the time, the study found. "Only about 30 percent of those
men aren't the father," said researcher Kermyt Anderson, an
assistant professor in the department of anthropology at the
University of Oklahoma.
BACK TO TOP
STEPPARENTS' RIGHTS
Stepfamily
Association of America
According to common law, stepparents do not have a direct
financial responsibility for the health, education, or welfare of
their stepchildren. However, if the remarriage ends in divorce,
the court notes two possible exceptions for direct financial
responsibility to stepchildren by the stepparent in the custodial
household: (1) in loco parentis and (2) the "estoppel
doctrine." The Stepfamily Association of America (SAA) is a
national non-profit organization dedicated to providing support
and guidance to families with children from previous relationships
... stepfamilies.
Stepparents
Rights: Custody and Visitation
The very first issue a stepparent must face is whether he or she
even has standing to request custody or visitation of a stepchild.
The question of standing may arise in a variety of judicial forums
for resolving custody disputes between parents and non-parents.
Guardianship proceedings, habeas corpus proceedings after a parent
has died, and the civil child protection system all establish
judicial authority to consider the custody of children.
The
Duty of Stepparents…
SupportGuidelines.com article on "The Duty of Stepparents to
Support Their Stepchildren." With the growing number of
stepchildren living in married couple families comes the growing
number of statutes and cases concerning the rights and
responsibilities of stepparents to their stepchildren. Quite
importantly, the law is now beginning to recognize that severing
the psychological-parent/child relationship can be just as
damaging as severing the biological parent/child relationship.
Law
for Kids: What Rights Do Stepparents Have
A project of Arizona Foundation for Legal Services &
Education, this site provides legal statement and invites
commentary from the public on the issue. Stepparents have no
specific rights over their stepchildren. The biological parent has
decision-making authority over the children in all matters related
to the child's health and upbringing. If the stepparent is a
custodian of the child, that adult can make certain control /
discipline decisions affecting the child in the absence of a
biological parent.
Resource
Guide… Includes Stepparents Rights
Given the number of divorces, it's no surprise that many thousands
of divorce organizations exist around the US. Some are for single
parents and some just for singles. Some cater to the needs of
parents without custody, others to the political agendas of
divorced moms or divorced dads. The broad spectrum of national
groups presented will enable you to link, either directly or
through referral, to the information, support, and friendship that
you need.
Family
Law Reporter - Stepparents Rights
This is the Index-Summary to the Family Law Reporter, a BNA weekly
publication offering comprehensive coverage and expert analysis of
important developments in federal and state family law. This
subject index is arranged alphabetically word-by-word and updated
monthly, the index cumulates for a year. Page references direct
subscribers to the exact location of the desired information in
the print publication.
BACK TO TOP
GRANDPARENTS' RIGHTS
Grandparents
Rights Organization
The Grandparents Rights Organization is a national volunteer non
profit organization founded in 1984. Its purpose is to educate and
support grandparents and grandchildren and to advocate their
desire to continue a relationship that may be threatened with loss
of contact or amputation usually following the death or divorce of
the grandchild(s) parents.
Grandparent
Visitation Rights
Gone are the days when your children and grandchildren lived down
the block or around the corner and you could visit them whenever
you wanted. In our mobile society, many children live half way
across the country and grandparents are lucky to see their
grandchildren once or twice a year. Today, even that seldom is
better than what an increasing number of grandparents are facing:
a court fight for the right to see their grandchildren.
NewsHour
Report: Grandparents Rights
The U.S. Supreme Court recently decided that grandparents do not
have an automatic right to visit their grandchildren. That
decision was based on a Washington State case involving the
grandparents of two sisters, ages 8 and 10. The Supreme Court said
a state law giving the grandparents visitation rights actually
violated the US Constitution.
Grandparents
Rights and Responsibilities
An informative PDF article from Wisconsin on grandparent's rights
and responsibilities. Editors field a variety of general and
specific questions and offer books, articles, websites and
organizations as resources for further study. This information is
not intended to substitute for legal advice, nor does it cover all
issues.
Grandparents
Magazine - Rights
Katrina Hayday Wester, founder of Grandparent's Magazine says,
"In April 2003 after over 3 years of working on
iGrandparents.com they closed their doors and the site which
served so many was gone. After establishing a relationship with
hundreds of thousands of grandparents I decided to launch
Grandparents Magazine™. I believe that there should be a fun,
free place on the internet for grandparents." The site hosts
Grandparents Resources from the US and Canada.
Grandparents
Rights Survive
ABA Journal article on the subject being reviewed by states'
courts. When the U.S. Supreme Court declared Washington State's
grandparent visitation law unconstitutional in Troxel v. Granville
about five years ago, some feared that Granny couldn't ask a judge
for help. But as state after state examines the constitutionality
of their nonparent visitation statutes, it turns out the
predictions were wrong.
AARP:
Visiting the Kids Gets Harder
Michigan and New Jersey are the latest players to weigh in on one
of the most significant trends in family law-testing the legal
right of grandparents to sue for visits with their grandchildren.
The high courts in the two states are sites of the latest
skirmishes between grandparents and parents in a highly charged
legal battle that has intensified nationwide-and one that has led
some states to restrict, and even abolish, grandparent visitation
laws.
NC
Grandparents…Raising Grandchildren
A state fact sheet for grandparents and other relatives raising
grandchildren. In North Carolina, there are 135,158 living in
grandparent-headed households. In North Carolina, 79,810
grandparents report they are responsible for grandchildren living
with them: 47% are White, 47% are African American, 2% are
Hispanic/Latino, and 2% are Native American.
BACK TO TOP
DOMESTIC VIOLENCE
Printable Domestic Violence Protective Order
National
Coalition Against Domestic Violence
The Mission of the National Coalition Against Domestic Violence is
to organize for collective power by advancing transformative work,
thinking and leadership of communities and individuals working to
end the violence in our lives. Therefore, it is the mission of
NCADV to work for major societal changes necessary to eliminate
both personal and societal violence against all women and
children. NCADV's work includes coalition building at the local,
state, regional and national levels.
National
Domestic Violence Hotline
We believe that every caller deserves to be treated with dignity
and respect. We believe that every family deserves to live in a
world free from violence. We believe that safe homes and safe
families are the foundation of a safe society. 1-800-799-SAFE
(7233). Help is available 24 hours a day, 365 days a year for
victims and anyone calling on their behalf to provide crisis
intervention, safety planning, information and referrals to
agencies in all 50 states, Puerto Rico and the U.S. Virgin
Islands.
MedlinePlus:
Domestic Violence
This site contains a large volume of information, questions and
answers on diagnosis/symptoms, coping, and prevention/screening
for domestic violence cases. There are several related issues and
a list of organizations on the subject. A service of the US
National Library of Medicine and the National Institutes of
Health.
Family
Violence Prevention Fund
A site that provides step-by-step guideline on what you can do,
organizations, resources and information for dealing with domestic
violence. If you are in a violent relationship, one of the most
important steps you can take is to make a safety plan for your
home and the workplace. These plans contain simple but critical
steps you can take to increase your safety while you deal with the
violence you face in your personal life.
Commission
on Domestic Violence - ABA
The ABA Commission on Domestic Violence has prepared a brief
summary of the legal provisions of VAWA 2005 that impact the
provision of legal representation to victims of domestic violence,
sexual assault, stalking, dating violence, and trafficking. It is
not intended to be a comprehensive analysis of these provisions,
but rather a reference tool for attorneys to ensure that they are
incorporating VAWA 2005 provisions into their representation of
survivors of domestic violence, sexual assault, dating violence,
stalking and trafficking.
Domestic
Violence Handbook
If this booklet applies to you, you just need to remember two
things: first, abuse is never okay; second, you are not alone.
Help is yours for the asking. If you know someone whom you think
is being abused - a friend, family member, co-worker, client,
patient or parishioner - please consider contacting one of the
agencies listed below to discuss ways to safely help them.
Men
and Women Against Domestic Violence
Sponsored by the Paladin Group, this site contains a large
source-bank of information, definitions, guidelines, legal advice,
statistics and articles on the subject of domestic violence and
what can be done about it. It also lists domestic violence
counseling agencies and shelters-by-state on the internet. It also
includes a national toll-free hotline: 1-800-799-SAFE (7233).
NC Coalition
Against Domestic Violence
A state-wide web source for information and counseling on domestic
violence. We believe that it is important to provide services to
all women - women of all races, ages, classes, religious and
ethnic groups, as well as lesbians and women who are differently
abled. It is not enough to say, "Everyone is welcome",
but we must intentionally and actively create safe places for all
women.
NC
Council for Women/Domestic Violence Commission
This agency staffs the Domestic Violence Commission, and advises
the governor, the North Carolina legislature and the state
departments on the special needs of women in North Carolina.
Issues covered include: identifying and assessing needs;
collecting and distributing information about the status of women;
identifying and assessing statewide needs, including domestic
violence; and assuring that necessary services, policies, and
programs are provided to those in need and strengthening existing
programs.
NC
Department of Justice
If you are a victim of domestic violence, Victims and Citizens
Services is here to help you understand your rights and the
protections that North Carolina law affords you. We can also help
you learn where to go for shelter and support in your community.
Domestic violence is against the law in North Carolina (N.C.
General Statutes 50B). Victims of domestic violence have the right
to take legal action to end the abuse.
BACK TO TOP
SPOUSAL ABUSE
How
to Identify a Victim of Spousal Abuse
This site provides a wealth of information and definition of the
subject. Spousal abuse may take the form of physical, emotional,
sexual or financial abuse and verbal threats of violence. Just ask
someone who shows the signs if they are being abused. Often, no
one will ask and the victims are reluctant to bring the topic up
themselves. Often victims say "No one asked me if I was being
abused."
Police
Response to Spouse Abuse
There have been major changes in the police response to spouse
abuse since the 1976 International Association of Chiefs of Police
directive stated that "wife abuse should not be considered a
victimless crime" (Browne 1987, 168). In fact, many police
departments have adopted pro-arrest or mandatory arrest policies
for dealing with such incidents. In 1984, a report published by
the United States Attorney General's Task Force on Family Violence
recommended that arrest be the preferred policy in dealing with
domestic violence incidents.
Study
Links Heavy Drinking and Spousal Abuse
Domestic violence is a significant and preventable cause of injury
to women. The majority of cases involve violence perpetrated by a
male partner, and heavy drinking has also been implicated as a
risk factor. A study in the December 2004 issue of Alcoholism:
Clinical & Experimental Research looks at alcohol consumption
and perpetration of spousal abuse by male U.S. Army soldiers.
Spousal
Abuse: Assessment, Detection and Intervention Strategies
Course content © copyright 2005 by William E. Adams, Ph.D. This
is a beginning to intermediate level course. After taking this
course, mental health professionals will be able to: identify
abuse in relationships…, discuss the available community
resources…, explain the relevant cultural issues…, describe
basic clinical intervention strategies …, and teach clients to
use the author's model.
NCPA
- Rethinking Spousal Abuse Laws
Some legal experts are warning that spousal abuse laws are having
unintended consequences. Prosecutors are going after husbands who
may only have tried to restrain their wives during a domestic
dispute. And some law enforcement authorities say the laws force
them to prosecute, even if a wife takes her husband's side and
refuses to file charges.
Spousal
Abuse and Joint Legal Custody
From the Legislative Reference Bureau of Wisconsin: 2003 Wisconsin
Act 130, passed by the Legislature and signed into law by Governor
Jim Doyle on February 27, 2004, allows a court to refuse to award
a parent sole or joint legal custody if that parent has engaged in
spousal abuse. The parent may rebut the court's findings.
Psychiatric
Services - Subspecialty Collections: Spouse Abuse
Journal collections of articles, commentary on the subject of
spouse abuse. This website is sponsored by the American
Psychiatric Association and includes a series of abstracts, full
text and PDFs from various authors and scholars. For example,
there is an article on "Emergency Psychiatry: Emergency
Assessments of Domestic Violence, Sexual Dangerousness, and Elder
and Child Abuse."
Identification
of Victims of Spouse Abuse by Family Practitioners
Objectives: This study seeks to describe the behaviors of family
practitioners toward victims of spouse abuse. It examines the
frequency with which physicians ask their patients about
experiences of spouse abuse, and the criteria by which they decide
women may be at risk. The study also explores the relationship of
demographic and training characteristics to the frequency of
screening, amount of identification, and screening criteria.
VAWnet:
Spouse Assault Replication Program
This paper summarizes studies sponsored by the National Institute
of Justice on arrest policies for misdemeanor domestic assault.
Studies were conducted in Omaha, Nebraska; Charlotte, North
Carolina; Milwaukee, Wisconsin; Metro-Dade (Miami), Florida;
Colorado Springs, Colorado; and Atlanta, Georgia. The studies
attempt to replicate the Minneapolis Domestic Violence Experiment
conducted in 1984 which found that arrest was almost twice as
effective as other police actions in reducing batterer recivism
(the relapse into abusive and/or criminal behavior).
Support Network
for Battered Women
The mission of the Support Network is to empower our diverse
community to live free from domestic violence. Our services
include a 24-hour toll-free crisis line, an emergency shelter,
counseling, information and referrals, support groups, safety
planning, legal services and community education presentations.
Staff and volunteers also contact police reported victims of
domestic violence to inform them of their rights and resources.
All Support Network services are completely confidential, are
either free or low-cost and are offered in both Spanish and
English.
BACK TO TOP
RESTRAINING ORDERS
File
a Restraining Order
Learn how to file a restraining order. When you have been abused
or assaulted, one of the best ways to protect yourself is to file
for a restraining order with the courts. Visit a crisis center or
domestic abuse prevention facility in your area and talk to an
advocate about your restraining order. Get the forms necessary for
filing the restraining order in your jurisdiction and read them
carefully along with your advocate.
Can
a Domestic Violence Restraining Order Help Me
Part of a domestic violence prevention program in California, this
article of questions and answers is of a general nature to deal
with the subject. Restraining orders are recognized by most states
even if it is issued in another jurisdiction. The site explains
the definition of a restraining order, how to obtain one, and
purpose.
NC
Department of Crime Control and Public Safety
Q: What does a temporary restraining order do?
A: A restraining order requests the court to forbid an action or
threatened action of a defendant. After a hearing, a preliminary
injunction may be issued. A restraining order is issued without a
hearing whereas an injunction follows a hearing.
NC
Magistrates Association - Domestic Violence Protective Order
North Carolina General Statutes Chapter 50B provides that victims
of domestic violence can get an order of protection from the
court. Domestic Violence Restraining Orders ("50B",
restraining orders, or DVPO's) are civil orders limiting the
contact a person may have with a victim and the statutes provide
for two types. An emergency order, also called an ex parte order,
is available if there is a danger of serious and immediate injury
to a qualifying adult or to a minor child. The other calls for a
hearing.
New
Jersey Coalition for Battered Women
Getting a restraining order is a two-part process. First you
obtain a temporary restraining order which is good for a maximum
of ten days, unless the court extends the time. In order for the
temporary restraining order to be made final, a hearing must be
held before a judge of the Superior Court within the ten-day
period. If you are in immediate danger, call the police.
Workplace
Restraining Orders
Several states have imposed or enacted laws allowing employers to
apply for restraining orders to prevent violence, harassment or
stalking of their employees. In most states, employers seeking
protection need only show that the employee has experienced
violence or a credible threat of violence that can reasonably be
construed to have taken place or to be carried out at the
worksite.
Protection
Orders Do Not Protect by Charles E. Corry, PhD
Unfortunately, as was vividly illustrated in a front-page story on
repeat abusers in the October 24, 1999, Denver Post, and many
times since, protection orders consistently fail to actually
provide protection for women who truly need it. Arrests and
protection orders often escalate the level of violence,
particularly when used in divorce or custody battles. Feminists
are fond of stating that the most dangerous time for a woman is
when she leaves a relationship.
BACK TO TOP
ASSET DIVISION
Asset
Divisor
Asset Divisor is an online tool designed to create equitable
distribution scenarios automatically. Equitable distribution is
basically a three step process that can take place prior to the
final divorce decree or after (if you have preserved your rights
by filing your claim before the divorce judgment). Asset Divisor
helps you to deal with the 3rd step: Distribution of the marital
property is equally divided between parties.
How
to Limit Divorce's Financial Sting
When a marriage fails, the biggest issues in a divorce usually
come down to a question of money. Emotions and finances don't mix,
especially in divorce. Here's how to stay in the black though you
may be seeing red.
BACK TO TOP
PRENUPTIAL AGREEMENT
Prenuptial
Agreements: The Basics
Nothing can kill romance faster than the word "prenup,"
the often-misunderstood agreement that is becoming more and more
common. But with about one in three of all first marriages ending
in divorce, and 50 percent of second or third ones hitting the
skids, a prenup is smart financial planning, legal and financial
experts say.
Creating
a Prenuptial Agreement
It is particularly important to create a prenuptial agreement
(also referred to as premarital agreements and marriage contracts)
that reflects equality in financial matters. Asking each other
serious questions about how you see finances in the marriage
partnership may save you pain and money later - and might even
save your marriage. The "nuts and bolts" of prenuptial
agreements are compiled to become more familiar with what a
prenuptial agreement is, what states they are valid in, and what
to include in one.
Prenuptial
Agreements the Second Time Around
Because 40% of marriages involve persons who have been married
before, thinking about signing a prenuptial agreement prior to
saying "I do" is becoming more commonplace. Although
many people look at a prenuptial contract as rather
"unromantic," the reality is that individuals in middle
and later life are likely to have more assets than younger
couples, financial obligations in the form of alimony or child
support payments, hard-earned estates they wish to leave to their
children and emotional baggage from their previous relationships.
Wedding
Planning: Consider a Prenuptial Agreement
A prenuptial agreement is a legal contract between the bride and
groom itemizing the property each brings into the marriage and
explaining how those properties will be divided in case of divorce
or death. Although you can write your own agreement, it is
advisable to have an attorney draw up or review the document. The
two of you should be represented by different attorneys.
BACK TO TOP
POSTNUPTIAL AGREEMENTS
Creating
Postnuptial Agreements
Marriage is an emotional and legal union. It's never too late to
define and protect your own partnership. The process of creating a
postnuptial agreement, a marriage contract created anytime after
the wedding, can be a positive influence on both the emotional and
legal dynamics of your relationship.
Postnuptial
Agreements Redefine Finances
What is a postnup? As its name implies, it's any written agreement
entered into between spouses after they say "I do." Like
the prenup, the primary purpose of a postnuptial agreement is to
stipulate ownership and division of financial assets in the event
a couple divorces.
Postnuptial
Agreements
It's the latest trend in promoting harmony in marriage. Used by
some marriage therapists and attorneys to promote harmony in a
troubled marriage, here's the definition of a postnuptial
agreement, reasons for obtaining a post nuptial agreement, and the
validity of a postnuptial agreement.
Sealing
a Contract After the Marriage
They enjoyed life as carefree newlyweds, with two paychecks and no
children. But a decade later, they were quarreling spouses in a
suburb of Boston; their marriage to be on the brink of collapse.
Their relationship rebounded after the two tried an unusual
approach: they worked out a contract agreeing to separate many of
their finances and to delineate family obligations to reduce
tension.
A
Good Postnuptial Can Cover Your Assets
Article: Like prenups, postnuptial agreements deal with the tricky
issues of how to divide money and property if a marriage goes
sour. Some couples use them to update their prenups if they have
"sunset" clauses that automatically make the agreement
expire after a predetermined period of time. If it is not updated,
a high-net-worth individual could become exposed to a big
liability in the event of a divorce.
Practical
Money Skills - Postnuptial Agreement
Postnuptial agreements are often created when one partner comes
into wealth. If you're already married or your wedding is coming
up quickly, but you still want some kind of financial agreement, a
postnuptial agreement is an option.
BACK TO TOP
LEGAL LINKS
* We provide these lawyer links as a courtesy. We
have no compensated referral arrangement with these firms and make no
representation as to the experience, nature or quality of any legal
representation you may receive from these firms. You should evaluate your
attorney and the law firm in which that attorney practices along with the terms
and conditions of a written engagement agreement prior to retaining them.
New Jersey Health Care Law Lawyer - New Jersey (NJ) based law firm, Archer &
Greiner serves businesses and individuals throughout the region including
Philadelphia (PA), Pennsylvania and in an increasing number of other states and
jurisdictions.
|
