Frequently Asked Questions
Family Law
- Can a divorce action be stopped by one of the spouses?
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A no-fault divorce cannot be stopped by a spouse because objecting to the other spouse’s petition for divorce is itself an irreconcilable difference that would justify the divorce. However, a spouse could potentially stop a fault divorce by either convincing the court that he/she was not at fault or by using any of the following defenses.
- Condonation – implied approval of another’s activities by treating the person as though the offense were never committed.
- Connivance – setting up a situation so that the other person commits a wrongdoing.
- Provocation – inciting of another to do a certain act.
- Collusion – secret agreement or cooperation between the spouses designed to deceive the judge.
- If child support is not paid, must visitation be allowed?
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Yes. The issues of child visitation and child support are separate issues. Failure to pay child support is typically insufficient grounds to stop the right of the non-custodial parent to visitation with his/her child. Visitation is typically ordered by a court in the best interest of the child to promote love and affection with both parents – custodial and non-custodial alike. The custodial parent must continue to allow visitation with the child despite failure of the non-custodial parent to pay child support.
- I have custody of our children. Can I claim the child as a dependent?
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Generally, the parent who has custody of the child for the greater part of the year can claim the child as a dependent on the federal income tax return. There are several exceptions to the rule, such as the custodial parent releasing his or her right to the child’s dependency exemption or where there are multiple support agreements. For more information, pick up IRS Publication 504, Tax Information for Divorced and Separated Individuals.
- My husband and I took in our 9-year old grandchild who essentially has been abandoned by both his biological parents. We would like custody. How do we go about it?
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You should begin with a petition in the Juvenile & Domestic Relations Court in the county where the child lives. Notice must be given to the parents of the hearing. The procedures in attempting to get custody are very complicated. You should consult with a local attorney who has experience in these matters.
- Are there different types of adoption?
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Adoptions take place in various forms, and are generally classified as independent, agency, step-parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e. a pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency and approximately two-thirds of all adoptions in the United States are arranged through agencies. In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect, and another relative assumes physical custody and responsibility for the child.
