Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Wednesday, September 14, 2016

Can I Serve Divorce Papers Myself?

From FindLaw: Law and Daily Life:

When you file divorce papers, the court clerk stamps all the copies, keeps a few, and gives one back to you with a stamped summons, and maybe a stack of other informational documents. Then what? Then, you actually need to have the papers served on your soon-to-be ex. This process is called Service of Process. But, can you serve the papers yourself?

Generally, when you serve initial court papers, you are not the person actually delivering the papers. Almost every state has professional process servers, who, for a fee, will deliver your documents and sign a proof of service form. While some states offer alternative methods of service apart from personal delivery, personal delivery is the best method to ensure receipt cannot be disputed.

Read more here.

When you file divorce papers, the court clerk stamps all the copies, keeps a few, and gives one back to you with a stamped summons, and maybe a stack of other informational documents. Then what? Then, you actually need to have the papers served on your soon-to-be ex. This process is called Service of Process. But can you serve the papers yourself?

Generally, when you serve initial court papers, you are not the person actually delivering the papers. Almost every state has professional process servers, who, for a fee, will deliver your documents and sign a proof of service form. While some states offer alternative methods of service apart from personal delivery, personal delivery is the best method to ensure receipt cannot be disputed.

- See more at: http://blogs.findlaw.com/law_and_life/2016/09/can-i-serve-divorce-papers-myself.html#sthash.AOESZnaR.dpuf

When you file divorce papers, the court clerk stamps all the copies, keeps a few, and gives one back to you with a stamped summons, and maybe a stack of other informational documents. Then what? Then, you actually need to have the papers served on your soon-to-be ex. This process is called Service of Process. But can you serve the papers yourself?

Generally, when you serve initial court papers, you are not the person actually delivering the papers. Almost every state has professional process servers, who, for a fee, will deliver your documents and sign a proof of service form. While some states offer alternative methods of service apart from personal delivery, personal delivery is the best method to ensure receipt cannot be disputed.

- See more at: http://blogs.findlaw.com/law_and_life/2016/09/can-i-serve-divorce-papers-myself.html#sthash.AOESZnaR.dpuf

When you file divorce papers, the court clerk stamps all the copies, keeps a few, and gives one back to you with a stamped summons, and maybe a stack of other informational documents. Then what? Then, you actually need to have the papers served on your soon-to-be ex. This process is called Service of Process. But can you serve the papers yourself?

Generally, when you serve initial court papers, you are not the person actually delivering the papers. Almost every state has professional process servers, who, for a fee, will deliver your documents and sign a proof of service form. While some states offer alternative methods of service apart from personal delivery, personal delivery is the best method to ensure receipt cannot be disputed.

- See more at: http://blogs.findlaw.com/law_and_life/2016/09/can-i-serve-divorce-papers-myself.html#sthash.AOESZnaR.dpuf

September 14, 2016 in Divorce (grounds), Resources - Divorce | Permalink | Comments (0)

Wednesday, July 20, 2016

Programme aims to help people affected by 'parental alienation'

From The Guardian:

Parental alienation – a phenomenon where one parent poisons their child against the other parent – has become such a feature of the most difficult family breakdowns that Cafcass, the Children and Family Court Advisory and Support Service, is to offer targeted support for those affected following a government-funded intensive therapeutic pilot programme.

Distinct from the all-too-common acrimony between divorcing parents, the syndrome is an internationally recognised phenomenon. In America and Canada, “parenting coordinators” are ordered and supervised by the courts to help restore relationships between parents and children identified as “alienated”. In Mexico and Brazil, alienating a child from a parent is a criminal act.

Psychiatrist Richard Gardner developed the concept 20 years ago, defining it as “a disorder that arises primarily in the context of child custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the target parent.”

Read more here.

July 20, 2016 in Custody (parenting plans), Divorce (grounds), Resources - Child Custody, Resources - Child Support, Resources - Children & the Law, Resources - Divorce, Visitation | Permalink | Comments (0)

Monday, July 4, 2016

Legal technicians provide family law assistance

From the News Tribune:

VNavigating the family law system can be an overwhelming and emotional process, especially for people who have no choice but to represent themselves in court.

The number of pro se litigants has steadily increased across the country, with between 60 to 90 percent of family law cases involving at least one party with no legal representation, according to information released by the American Bar Association in 2013.

"People are kind of in a society of do-it-yourself. Some people may be able to afford an attorney, but others can't. We are seeing more and more people representing themselves," Clark County Chief Deputy Clerk Baine Wilson said.

Local and state agencies recognize a strong need for assistance and have begun offering alternatives to help guide the public through the process, reported The Columbian.

Read more here.

July 4, 2016 in Attorneys, Resources - Adoption, Resources - Bar Associations, Resources - Child Custody, Resources - Child Support, Resources - Children & the Law, Resources - Civil Rights & Family Rights, Resources - Divorce, Resources - Domestic Violence, Resources - Research | Permalink | Comments (0)

Sunday, May 29, 2016

4 Things Newly Single Women Should Do With Their Finances

Saving for a New You

From US News & World Report:

Over the years, I've worked with many women who find themselves newly single as a result of divorce or widowhood. Those life events can be incredibly demanding emotionally, even without the financial component adding to the shock. Women come to me with questions such as:

  • How much money do I have left?
  • What financial institutions did my spouse have accounts with?
  • How much insurance did my husband have?
  • Can I buy a car?
  • Do I need to move to a new home?
  • At what age will I be able to retire?
  • How much money can I give to my children?
  • How much money can I give to my favorite charity?
  • Will I be OK?

Read more here.

May 29, 2016 in Resources - Divorce | Permalink | Comments (0)

Wednesday, May 25, 2016

Judge OKs malpractice suit over law firm's successful fight to uphold client's postnuptial agreement

Malpractice Suit on Firms Negotiated Post-nuptial Agreement Gains Traction

From the ABA Journal:

A New York trial court has OK’d a malpractice suit against Phillips Nizer, over the law firm’s handling of a divorce case that generated $1.4 million in legal fees for work done by 23 attorneys and 16 other professionals.

At issue is a 2000 postnuptial agreement that the firm helped negotiate and draft for client Elizabeth Berardi. It granted her a 49 percent interest in companies controlled by her husband, who operates bus companies. However, the pact did not specify whether she could liquidate her interest and, if so, how she could do so, reports the New York Law Journal (sub. req.).

A divorce ensued within five years, and Berardi again retained Phillips Nizer. Her husband, Eugene Berardi, challenged the postnup and she fought against its invalidation, winning the legal battle. However, unbeknownst to her, agreements made before 2000 with former shareholders and business partners in her husband’s companies limited the liquidity of her own interest, Elizabeth Berardi alleges in her complaint against the firm.

Read more here.

May 25, 2016 in Attorneys, Divorce (grounds), Resources - Divorce | Permalink | Comments (0)

Monday, May 9, 2016

Mother who tried to move family to Syria ordered to give up children

UK Mom Ordered to Give Up Children

 

From The Guardian:

Three children have been taken out of their mother’s care after a high court judge concluded she had planned to take them to an area of Syria controlled by Islamic State.

A mobile phone belonging to the woman seized after her arrest last summer at Birmingham Airport contained images of children carrying firearms and wearing balaclavas bearing the Isis emblem.

A written ruling in the case was published on Tuesday after Leicester city council had asked a judge to make one on the futures of the three children, who are aged between four and 12, at a hearing of a family court in the city.

Justice Keehan, who sits in the family division of the high court, decided that it would not be in the children’s best interests to return to their mother’s care and ruled that they should live with their maternal grandparents.

 

Read more here.

 

May 9, 2016 in Resources - Divorce | Permalink | Comments (0)

Thursday, March 21, 2013

CALL FOR AUTHORS: Social History of American Families: An Encyclopedia

The statistics tell the story of the American family: According to the U.S. Census Bureau, 2010 marked the milestone when blended families or stepfamilies became the most common form of family in America; 2,100 new blended families are formed every day in this country; 41 percent of unmarried couples living together have children living in the home; over 65 percent of Americans are now a stepparent, a stepchild, a stepsibling, a step-grandparent, or touched directly by a stepfamily scenario. Moreover, the Pew Research Center reports interracial marriages are on the rise in America--in 1980, 3 percent of married couples were mixed race; today 1 in 12 couples are interracial couples.

We will produce a carefully balanced academic work that chronicles the social, cultural, economic, and political aspects of American families from the colonial period to the present. Key themes will include families and culture (including mass media), families and religion, families and the economy, families and social issues, families and social stratification and conflict, family structures (including marriage and divorce, gender roles, parenting and children, and mixed and non-modal family forms), and family law and policy. Approximately 600 articles, richly illustrated with historical photographs and video clips in the online edition, will provide the historical context for students to examine political and social debates about the importance of the family and the evolving constructions of the American family. The work will also include a collection of primary source documents demonstrating these themes across time. The signed articles, with cross-references and Further Readings are accompanied by pedagogical
elements, including the Reader's Guide, Chronology of American Families, Resource Guide, Glossary, and thorough index.

This comprehensive project will be published by SAGE Reference and will be marketed to academic and public libraries as a print and digital product available to students via the library's electronic services. The General Editors, who will be reviewing each submission to the project, are Drs. Lawrence Ganong and Marilyn Coleman, University of Missouri.

We are currently making assignment with a deadline of June 7, 2013.

If you are interested in contributing to this cutting-edge reference, it is a unique opportunity to contribute to the contemporary literature, redefining sociological issues in today's terms. SAGE Publications offers an honorarium ranging from SAGE book credits for smaller articles up to a free set of the printed product for contributions totaling 10,000 words or more.

The list of available articles is already prepared, and as a next step we will e-mail you the Article List (Excel file) from which you can select topics that best fit your expertise and interests. Additionally, Style and Submission Guidelines will be provided that detail article specifications.  If you would like to contribute to building a truly outstanding reference with Social History of American Families, please contact me by the e-mail information below. Please provide your CV or a brief summary of your academic/publishing credentials in related disciplines.


Thanks very much.

Joseph K. Golson
Author Manager
families@golsonmedia.com

March 21, 2013 in Current Affairs, Resources - Divorce, Resources - Research, Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Sunday, October 11, 2009

Divorce Resources