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LEGAL TERMS

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

MARTIAL MISCONDUCT

See fault divorce.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

SICK LEAVE

Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, howe... (more...)
Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, however, a worker is guaranteed up to 12 weeks per year of unpaid leave for severe or lasting illnesses.

GUARDIANSHIP

A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .

PATERNITY SUIT

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.

DISSOLUTION

A term used instead of divorce in some states.

SPLIT CUSTODY

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. ... (more...)
A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

SAMPLE LEGAL CASES

Vorontsova v. Waronzov

... See generally Kindregan & Inker, Family Law and Practice § 28:4 (3d ed. 2002). "Under that doctrine, Massachusetts generally will recognize and enforce valid judgments rendered by a foreign court" (emphasis supplied). ... See generally Katz, Family Law in America 82 (2003). ...

Ansin v. Craven-Ansin

... See CP Kindregan, Jr., & ML Inker, Family Law and Practice § 50:15 (3d ed. 2002) (hereinafter Kindregan & Inker) (agreement made in expectation of marriage "radically" different situation from 290 "that which faces a spouse attempting to save a long existing family relationship ...

Eyster v. Pechenik

... required. Kindregan & Inker, Family Law & Practice § 20:6, at 751 (3d ed. 2002) ("there is no mandate that each party consult an attorney since a competent person can represent himself, however unwise such a choice may be"). ...

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