Sanborn County, SD Family Law Lawyers
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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Woonsocket, SD 57385
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40360 235Th Street, Artesian, SD 57314
Profile LAWPOINTS™19/100
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Woonsocket, SD 57385
Profile LAWPOINTS™17/100
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LEGAL TERMS
MARITAL PROPERTY
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital... (more...)
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.
STEPPARENT ADOPTION
The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relativ... (more...)
The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relatively easy if the child's noncustodial parent gives consent, is dead or missing, or has abandoned the child.
INJUNCTION
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.
INCOMPATIBILITY
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. C... (more...)
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. Compare irreconcilable differences; irremediable breakdown.
FAMILY AND MEDICAL LEAVE ACT (FMLA)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.
QMSCO
See Qualified Medical Child Support Order.
ZONING
The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location... (more...)
The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
SAMPLE LEGAL CASES
ALVINE FAMILY LTD. PARTNERSHIP v. Hagemann
... ZINTER, Justice. [¶ 1.] Alvine Family Limited Partnership (Alvine) sued a neighboring landowner
and his tenant for, inter alia, negligence, nuisance, and trespass. ... At the close of the evidence,
Alvine moved for judgment as a matter of law on his claim for trespass. ...
Gul v. Center for Family Medicine
... Dr. Kemp, a family practice physician employed by CFM, supervised the residency program. ... and
admissions on file, together with the affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a judgment as a matter of law. ...
Deadwood v. MR Gustafson Family Trust
... ZINTER, Justice. [¶ 1.] The MR Gustafson Family Trust (Gustafson) sought to demolish
a building located in the City of Deadwood (City). The ... settled: Questions of law such
as statutory interpretation are reviewed by the Court de novo.... ...
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