Family Law Newsletters

Domestic Violence and Custody Issues

Domestic violence is conduct perpetrated by a spouse, family member, or any other person residing in the household. The State does not get involved in domestic violence issues unless the abuser has violated a criminal statute such as assault or battery. Violent events in the household constitute domestic violence if the victim is a family member or lives with the abuser.

Minors and Medical Treatment - Parental Consent

Generally, parental consent is required before a minor can receive medical treatment. Most states define a minor as a person under the age of 18. State laws make an exception to the parental consent requirement in emergency situations. Minors can receive emergency medical treatment without parental consent.

Mortgage Issues and Divorce

If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.

Post Decree Modification of Spousal Support

While a divorce case is pending, a court has the power to dissolve the parties' marriage, to resolve issues of child custody and child support, to divide the parties' debts and liabilities and to order the payment of spousal support. The court has the power to take these actions because it has jurisdiction over the parties and the subject matter. Once a final divorce decree is entered, the case terminates.

Sexual Harassment in Schools

A school cannot be held liable for ignoring the usual schoolyard behavior such as teasing and cruel behavior. However, the school may be liable for failing to take reasonable action against serious and long-term student sexual harassment. Sexual harassment is defined as harassment on an individual on the basis of their gender.