Rupert Divorce Lawyer, Georgia

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LEGAL TERMS

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

ADOPTIVE PARENT

A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is deter... (more...)
A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is determined to be a 'fit parent' may adopt a child. Some states have special requirements, such as age or residency criteria. An adoptive parent has all the responsibilities of a biological parent.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

FMLA

See Family and Medical Leave Act.

GIFT TAXES

Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.

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.

COLLUSION

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds f... (more...)
Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds for divorce (such as adultery). By fabricating a permitted reason for divorce, colluding couples hoped to trick a judge into granting their freedom from the marriage. But a spouse accused of wrongdoing who later changed his or her mind about the divorce could expose the collusion to prevent the divorce from going through.

PETITIONER

A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.

HOME STUDY

An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial s... (more...)
An investigation of prospective adoptive parents to make sure they are fit to raise a child, required by all states. Common areas of inquiry include financial stability, marital stability, lifestyles and other social factors, physical and mental health and criminal history.

SAMPLE LEGAL CASES

Martinez v. Martinez

... During the pendency of divorce proceedings between Amy and Robert Martinez, the trial court granted Mr. Martinez's motion to enforce a settlement agreement pertaining to child custody and visitation and awarded him primary physical custody of the two minor children. ...

Stone v. Stone

... JOHNSON, Presiding Judge. William Stone sued his ex-wife, Sherree, for indemnification under their divorce settlement agreement, breach of fiduciary duty, and fraud. ... William and Sherree separated on August 28, 2005, and William filed for divorce the following month. ...

Darroch v. Willis

... NAHMIAS, Justice. This appeal involves a contempt order arising from a 2007 divorce decree. ... We granted Darroch's application for discretionary appeal. We affirm the trial court's finding that Darroch was willfully in contempt of the divorce decree. ...

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