DIVORCE – CONTESTED, UNCONTESTED, “HYBRID”
CHILD CUSTODY AND VISITATION
CHILD SUPPORT ACTIONS
LAST WILL AND TESTAMENTS/LIVING WILLS
This is a relatively new area of law, which assists couples who cannot have children of their own to contract with another individual who is willing to carry the couple’s child in her womb from fertilization to birth. This is a contract issue, and it is a technical, detailed area of the law. As such, the parties are screened as to mental and emotional health, as well as physical health.
The contract between the parties has the full force and effect of law, however, these issues raised by Gestational Agreements or Contracts are still being litigated and being reviewed by the higher Courts.
Pre-nuptial Agreements or Contracts are documents written for a couple in contemplation of their marriage. Any terms to which the parties both agree can be included in this Agreement, and it has the full effect of the law. It can be enforced as any contract can be enforced by an Order of the Court, should the parties decide to divorce, either by joint agreement to separate and later divorce, or if one party or the other decides to seek a divorce. The terms of the Pre-nuptial Agreement are what the Court will enforce.
Anyone may seek a protective order from the court if someone in their family or someone who is or has been a “partner” has threatened harm, or has actually harmed the person seeking protection. A Protective Order may fall under the “Family Violence” statute, and quite often the Salvation Army Safe House (or other similar agency in your area) may assist in having a Protective Order issued. If the parties are going through a divorce, or will be filing for divorce, the Protective Order is “consolidated” into the divorce action, and becomes part of that action before the Court.
Restraining Orders differ in that they can be sought through the Magistrate Court, and may be issued against anyone who has threatened harm, has violated the privacy of another, has harassed another, or under other limited circumstances.