Family Law Newsletter

QDROs, Pension and Retirement Plan Division in Divorces

In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee's right to receive a portion of the employee's retirement benefits.More...

Requirements of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA applies to foster care placements, terminations of parental rights, and adoption and pre-adoption placements. When the ICWA applies to a proceeding, a state court must comply with the requirements of the act. More...

Common Mistakes Made in Divorce Actions With Respect to Children and Finances

Typically in a divorce action one or both parties have a lot of hostility and animosity toward one another. Individuals make a barrage of mistakes. Some mistakes may not only be harmful to the individual himself but may also be financially harmful. More...

Guardian Ad Litem

What is a guardian ad litem? A minor cannot be a party to a lawsuit without assistance. Therefore, when a minor is a party to a lawsuit, the court appoints a guardian ad litem to represent the minor. More...

Delinquency Proceedings

The Prosecuting Attorney may file a Delinquency Petition if a child under 18 years of age commits a delinquent act. A juvenile delinquency proceeding is essentially a closed bench trial. A juvenile has constitutional rights under the due process clause when there is a possibility of detention following the proceeding. These rights include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. The due process clause also requires proof beyond a reasonable doubt when a juvenile is charged with an act that would constitute a crime if committed by an adult. Juveniles do not have a constitutional right to a jury trial in juvenile court. More...