divorce

no fault

In reference to law, “no fault” is primarily used to denote claims that are adjudicated without any determination of fault. In a no-fault claim, the parties are not required to prove any party’s blameworthiness to resolve the claim...

no-fault divorce

No-fault divorce is the most common modern type of marriage dissolution. Traditional fault divorce required a person filing for divorce to prove some wrongdoing by their spouse that breached the marriage contract – cruelty, adultery, and desertion are...

noncustodial parent

A non-custodial parent is the parent whose children do not live with them for a majority of the time. This situation usually arises after separation or divorce, where one parent has primary physical custody instead of the parents sharing joint custody...

palimony

Palimony is a colloquial term used to refer to a court’s award of financial support or assets to one party of a non-marital relationship following a break-up. The term is a portmanteau of the words pal (meaning friend) and alimony. The term...

Parental Kidnapping Prevention Act (PKPA)

The Parental Kidnapping Prevention Act (PKPA) establishes national standards to determine jurisdiction in interstate custody disputes. PKPA imposes a duty on the states to enforce a child custody determination entered by a court of a sister...

physical custody

1) A parent’s right to have the child reside with them. New York Domestic Relations Law § 75–a defines physical custody as “the physical care and supervision of a child.” Physical custody is not the same as legal custody, which is the...

physical incapacity

Physical incapacity refers to a lack of physical ability sufficient to justify a legal consequence. The term is used across a realm of laws regarding disability, competency, criminal statutes, and marriage laws. The inclusion of the...

PKPA

The Parental Kidnapping Prevention Act of 1980 (PKPA) establishes national standards to determine jurisdiction in interstate custody disputes. PKPA does not impose a duty on the states to exercise jurisdiction over any child custody issues,...

premarital agreement

A premarital agreement, also known as a prenuptial agreement or antenuptial agreement, is a contract made by the parties to a marriage prior to the marriage.

The agreement may determine matters such as one party's rights in...

prenuptial agreement

A prenuptial agreement, also known as antenuptial agreement, premarital agreement, or prenup, is a contract entered into prior to marriage setting the terms for separation. In general, provisions that tend to unreasonably encourage divorce or...

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