Britton Divorce & Family Law Lawyer, Michigan

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LEGAL TERMS

INCURABLE INSANITY

A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

ABANDONMENT (OF A CHILD)

A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the ch... (more...)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.

ACKNOWLEDGED FATHER

The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and t... (more...)
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and the child's mother. An acknowledged father must pay child support.

GUARDIAN OF THE ESTATE

Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.

MARRIAGE

The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the... (more...)
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the laws of the state in which they live. A marriage can only be terminated by a court granting a divorce or annulment. Compare common law marriage.

ARREARAGES

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged i... (more...)
Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged in bankruptcy, and courts usually will not retroactively cancel them. A spouse or parent who falls on tough times and is unable to make payments should request a temporary modification of the payments before the arrearages build up.

CUSTODY (OF A CHILD)

The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When ... (more...)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.

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.

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