When did Margaret Sanger divorce James Slee?
She never divorced him. She married him in 1922 and they were still married when he died in 1943. She divorced William Sanger in 1921.
Is VA compensation included in calculations for a divorce?
The simple answer to this question yes and no.
Can a judge do anything they want with judicial immunity?
The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.
Is VA Compensation the same as disability?
No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.
Is it legal to use VA Compensation for Spousal Support?
No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.
Is it legal for the COURT to use VA Compensation for Child Support?
Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1987 and prior the answer is yes.
From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.
38 USC § 211 - 1987
"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."
38 USC § 511 - 1988
"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."
This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.
Is it legal for the Department of Veterans Affairs to divide VA Compensation?
Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.
The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.
When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.
The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
What happened between Nikki Rouleau and her husband that it wound up in divorce?
9,114 divorces, and the divorce rate (number of divorces per 1,000 existing marriages) was 11.9 or 1.19%. In 2017, there were 8,001 divorces and the divorce rate (number of divorces per 1,000 existing marriages) was 8.4 or 0.84%. Attitudes toward divorce vary substantially across the world. Divorce is considered socially unacceptable by the majority of the population in certain Sub-Saharan African countries such as Ghana, Uganda, Nigeria and Kenya, South Asian countries like India and Pakistan and South-East Asian countries such as the Philippines and Indonesia. The majority of the population considers divorce to be acceptable in Eastern Europe, East Asia, Latin America and the United States. In developed regions such as Western Europe and Japan, more than 80% of the population considers divorce to be socially acceptable. Divorce is also widely accepted in certain Muslim majority countries such as Jordan, Egypt and Lebanon, at least when men initiate it. All U.S. states permit same-sex marriage. For same-sex couples in the United States, divorce law is in its infancy. Upon dissolution of a same-sex marriage, legal questions remain as to the rights of spouses to custody of the biological children of their spouses. Unresolved legal questions abound in this area.Child custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in joint custody situations, and visitation rights. The most frequently applied custody guideline is the best interests of the child standard, which takes into account the parents' preferences, the child's preferences, the interactions between parents and children, children's adjustment, and all family members' mental and physical health. In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation. Islam allows, yet generally advises against divorce, and it can be initiated by either the husband or the wife.Dharmic religions allow divorce under some circumstances.Christian views on divorce vary: Catholic teaching allows only annulment, while most other denominations discourage it except in the event of adultery. For example, the Allegheny Wesleyan Methodist Connection, in its 2014 Discipline, teaches: We believe that the only legitimate marriage is the joining of one man and one woman (Gen. 2:24; Rom. 7:2; 1 Cor. 7:10; Eph. 5:22, 23). We deplore the evils of divorce and remarriage. We regard adultery as the only scripturally justifiable grounds for divorce; and the party guilty of adultery has by his or her act forfeited membership in the church. In the case of divorce for other cause, neither party shall be permitted to marry again during the lifetime of the other; and violation of this law shall be punished by expulsion from the church (Matt. 5:32; Mark 10:11, 12). In the carrying out of these principles, guilt shall be established in accordance with judicial procedures set forth in The Discipline. Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate; Conservative and Orthodox Judaism, on the other hand, require that the husband grant his wife a divorce in the form of a get. The Millet System, where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries like Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority, Egypt, and Greece. Several countries use sharia (Islamic law) to administrate marriages and divorces for Muslims. Thus, Marriage in Israel is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in rabbinical court or Israeli civil court. According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States. This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012 which reported that divorce petitions from women outnumber those from men by 2 to 1. Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50–50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm.Some jurisdictions give unequal rights to men and women when filing for divorce.For couples to Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a get. Granting the 'get' obligates him to pay the woman a significant sum of money(10,000-$20,000) as stated on the religious prenuptial contract, which can be in addition to whatever prior settlement he had reached as far as continuous child support and funds he had to pay by court order in the civil divorce. If the man refuses, (and agreeing on condition he won't have to pay the money is still called refusing), the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or a woman whose husband is missing without sufficient knowledge that he died, is called an agunah, is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim and cannot marry non-mamzerim. The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate, and the magistrate could determine whether the reasons given were sufficient. Divorce was rare in early Roman culture but as their empire grew in power and authority Roman civil law embraced the maxim, "matrimonia debent esse libera" ("marriages ought to be free"), and either husband or wife could renounce the marriage at will. The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the 6th century. In post-classical Mali Laws on divorced women as well as their status were documented in the Timbuktu manuscripts. After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. The Catholic and Orthodox Church had, among others, a differing view of divorce. The Orthodox Church recognized that there are rare occasions when it is better that couples do separate. For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners. Thus, permitting remarriage is an act of compassion of the Church towards sinful man.Under the influence of the Catholic Church, the divorce rate had been greatly reduced by the 9th or 10th century, which considered marriage a sacrament instituted by Jesus Christ and indissoluble by mere human action.Although divorce, as known today, was generally prohibited in Catholic lands after the 10th century, separation of husband and wife and the annulment of marriage were well-known. What is today referred to as "separate maintenance" (or "legal separation") was termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and wife physically separated and were forbidden to live or cohabit together, but their marital relationship did not fully terminate. Civil courts had no power over marriage or divorce. The grounds for annulment were determined by a Catholic church authority and applied in ecclesiastical courts. Annulment was for canonical causes of impediment existing at the time of the marriage. "For in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio." The Catholic Church held that the sacrament of marriage produced one person from two, inseparable from each other: "By marriage, the husband and wife are one person in law: that is, the very being of legal existence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband: under whose wing, protection and cover, she performs everything." Since husband and wife became one person upon marriage, recognition of that oneness could be rescinded only on the grounds that the unity never existed to begin with, i.e., that the proclamation of marriage was erroneous and void from the start. After the Reformation, marriage came to be considered a contract in the newly Protestant regions of Europe, and on that basis, civil authorities gradually asserted their power to decree a "divortium a vinculo matrimonii", or "divorce from all the bonds of marriage". Since no precedents existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the requirements set down by those courts. As the civil courts assumed the power to dissolve marriages, courts still strictly construed the circumstances under which they would grant a divorce, and considered divorce to be contrary to public policy. Because divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce was granted only because one party to the marriage had violated a sacred vow to the "innocent spouse". If both husband and wife were guilty
How does one become a respondent in a divorce case?
One can become a respondent in a divorce case when their partner files for a divorce. The one who files the divorce is the petitioner and the other partner is the respondent.
Can a person marry another women before completion of divorce case?
no, its illeagal until you are divorced
Do you have to testify for your dad in divorce Step mom wants more than her share?
My dad wants me to say I gave them more money than I did. So he signed land over to me. Now he says I may have to testify and say I gave them more money than I did. She says I didn't. Can I be sapeoned? Thanks
Im believe he is going through a divorce with his fifth wife, jordan kidd.
In the United States you must file you divorce in the county court that has jurisdiction where you reside.
Why did chase and Cameron divorce?
In house Chase and Cameron get married but sadly, they get a divorce because after Chase killed an African American sneator planning to masicre millions Cameron said that Chase had been changed by House and she left. In the episode Lock Down Cameron turns up to try and get Chase to sign the divorce papers. They have sex on the medical bed but then Cameron leaves again.
Do kids decide where they live after a divorce?
No sadly the judge in court gets to decide however in some states you are able to have a say in why one of your parents should be your gaurdian
Does South Carolina award alimony in divorce cases?
South Carolina law does allow for the family court to award alimony in appropriate cases. The main factors are the length of the marriage, the fault in the breakup of the marriage and the relative financial positions of the parties. Usually alimony is an issue if the marriage is longer than ten years. The link below is a full discussion of alimony in South Carolina.
How can one stop divorce lawyers from taking everything?
A divorce can be a difficult transition both emotionally and financially, which is why choosing the right lawyers and arming yourself with as much information as possible upfront can be vitally important. One can find good advice online from the Divorce Advice website which answes many frequently asked questions.
Why did tom Lewis divorce loretta young?
From reading several books about Loretta Young there was no one reason why the marriage failed, but several issues that triggered their divorce.
All of the reasons kind of dovetailed into Letters to Loretta or The Loretta Young Show. They both produced the Show (both having 49% stake and giving 2% to an accountant.) However people who worked on the show knew that Loretta was the real boss and it was she who called the shots, not him. As the show became more and more popular Loretta had more power and Tom did not like that and took it out on his wife and adopted daughter (who worked on the show.) While Loretta was recovering from major surgury Loretta's daughter Judy overherd Tom telling his sons by Loretta,Peter and Christopher, that because she was not biologically their sister she was not related to them.
Shortly afterward Tom left for NY to look for work. He stayed there. One time while the boys were visiting him he ambushed Loretta and told her that he would not be sending them back to her as arranged. He then sent them to military schools in NYC.
Up until that point things had been relativly Civil between the two (Loretta had even asked Judy to have him over to her house and after being introduced to her daughter Marie was told that Maria did not like him). However things started going south shortly after and the two spent the next several years in court over money issues contected to The Loretta Young Show.
How can a quickie divorce be arranged if the marriage should end as quickly as possible?
In the UK a divorce can be arranged after one year of marriage. Online sites are available that provide all the necessary forms and can submit these to the court if required. This can be a quicker option than visiting a solicitor.
What are the options for filing for divorce?
One should not file for divorce without looking at other options and seeing if that is the right choice. Relationship problems can often be solved in other ways. If it is believed to be the right choice check with the state and court to find what needs to be done.
What if I don't want custody of my child post-divorce?
States set most child custody laws, but generally, parents can make custody arrangements that are appropriate for their living situations. If you don’t want custody of your child after your divorce, discuss this with your attorney, then with the other parent via mediation. You can probably set up an arrangement fairly easily.
Be prepared to answer some difficult questions when discussing your case with your attorney. Most lawyers will ask you whether you’re confident in your decision, and you may be advised to seek therapy. This isn’t because your attorney thinks you’re making the wrong decision—once you give up custody of your child, regaining custody would be extremely difficult, so you should make sure that you’re prepared to give up your parental rights permanently. The good news is that most child custody cases are resolved by parents and their attorneys without court proceedings.
Remember, giving up custody of your child will not remove your obligations to care for that child. You may need to pay child support, which is determined by your income, your child’s needs, and other factors.
There are many valid reasons to refuse custody. Don’t worry about being judged by your attorney or the other parent. As long as you’re acting in the child’s best interests, you’re ultimately doing the right thing.
So, what if you want to retain visitation rights but give up your rights as a primary guardian, and your ex-partner’s opposed to that arrangement?
If there’s a dispute regarding custody, the parents might end up in court. Attorneys will do everything possible to prevent this, as it usually doesn’t work out well for any of the involved parties. Child custody proceedings take time, money, and patience, and divorcing spouses usually have limited supplies of all three of those things. If you want limited custody of your child, and your spouse doesn’t want you to have any custody at all, you may end up in court.
If the case gets to this point, the court will evaluate the situation and create an arrangement in the best interest of the child. If a parent refuses to obey the court's visitation or custody decree, the parent may be in indirect contempt of court, which can mean fines or jail time for the offender. However, the parents charged with these violations are often trying to spend more than their allotted time with their child—not the other way around.
Note that this answer isn’t intended as legal advice. Talk to an attorney before taking any action, particularly if you’re involved in a divorce or a child custody case.