If you appear without counsel, you are said to appear pro se.Once counsel files her appearance, she cannot withdraw her appearance without your permission or leave of court, usually by motion.The lawyer's role is not clearly defined when representing very young children. A old term to describe an unethical divorce lawyer who sleeps with his clients. The party asserting a claim must prove such claim is true.
Most orders of attachment are issued ex parte (see below). Concept developed in the late 1960’s by John Bowlby and Mary Ainsworth that led to the conclusion that infants and young children should never spend more than a few hours away from their primary caregiver or they might not develop the ability to form an appropriate attachment and trust in another person. Often cited in child custody cases in the latter part of the twentieth century to prevent infants from leaving the care of their mothers for more than a few hours, never for an overnight visit with the noncustodial father.Later research points to children’s ability to form attachments to more than one caregiver. A court-appointed attorney who represents the stated wishes of the child(ren).Unlike a guardian ad litem who acts in the child's best interest by substituting her own judgment for the child's, the attorney for the child(ren) must promote those causes espoused by the child(ren) and generally not substitute her own judgment.Unless the trial court's findings of fact cannot possibly be supported by the evidence, such appeals will fail.Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts.Counsel then becomes your involuntary servant, but don't expect zealous advocacy from a slave. Obviously, divorce lawyers view this problem as justification for large retainers. The systematic and comprehensive analysis of the value, price or worth of an asset by examining the characteristics of the particular asset in comparison with similar or comparable assets that have been sold on dates as close as possible to the date of the analysis. Newer concept developed by the American Law Institute to help decide child custody cases by maintaining approximately the same parenting routines after divorce as the parties and child experienced before divorce. Unlike mediation, neither party can unilaterally terminate the process, and both parties are bound by the arbitrator's decision, as if a judge acted in her official capacity. See Association of Family and Conciliation Courts (AFCC). An important adjunct to restraining orders, they are used if there is substantial risk that a restraining order would be violated.In some states, judges refer certain cases or aspects of cases for arbitration. The deficiency between the amount, if any, paid and the amount required under court order. An organization founded in the 1960’s for professionals concerned about the care and custody of children and the collaborative resolution of disputes. For instance, if the marital home is in the husband's name, and he decides to sell the house despite a restraining order, the attachment puts the world on notice that any purchaser would be subject to the wife's rights.Typically, these agreements settle issues relating to: Aid to Families with Dependent Children (AFDC). Today courts will entertain fault divorces making the co-respondent a defendant in the action, but such defendants are generally not liable financially for their adultery. Court-ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony 'buyout'). Party who will be paid pension benefits in the alternative, not the employee. The court's judgment that a so-called 'marriage' was never legally valid or became invalid after the marriage.More modern terms include 'maintenance' and 'spousal support.' Payments are tax deductible to the payor and includable in the payee's taxable income. A trust fund established to pay alimony; rarely used; extremely expensive means of paying alimony involving complex gift and income tax analyses. an out-of-court settlement process; arbitration, mediation, negotiation or collaborative law. Some states mandate ADR for divorcing parties, although parties maintain the right to have a judge decide their case. Hence, settlement agreements may be called separation agreements or marital settlement agreements, never divorce agreements. See gov/ebsa/faqs/faq_American Law Institute (ALI). Established in 1923 to address the complexities and uncertainty of law around the United States; collaborates with the National Conference of Commissioners on Uniform State Law (NCCUSL); publishes Restatements of the Law and Model Codes, including Principles of the Law of Family Dissolution. Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be 'void,' or a 'nullity,' i.e., it never existed.The plaintiff, in turn, must file an 'answer to counterclaim.' Antenuptial Agreement. Review of a trial court's decision and judgment by a higher court.The appeals court can review the trial court's 'finding of fact' and 'conclusions of law.' See Decision and Judgment.