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Family Law Newsletters

Invalid Provisions In a Premarital Agreement

Premarital agreements are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.

Misuse of Adoption Affecting Economic Rights

Courts generally prohibit parties from using the adoption process to achieve purposes that would have a detrimental economic effect on the children involved. An attempt by a birth parent to adopt his or her own children for the purpose of terminating the other birth parent's relationship with the children is a misuse of adoption. Also, an agreement to release birth parents from support obligations in exchange for their consent to an adoption is a misuse of adoption.

Munchausen Syndrome By Proxy

In 1951 a researcher coined the term "Munchausen Syndrome" based upon a pattern of self-abuse. Munchausen Syndrome is a psychiatric disorder that many people suffer from who abuse themselves, usually for some sort of attention or medical assistance.

Pretrial Motions in Divorce Actions

Oftentimes divorce actions require litigation. If the parties decide that litigating the case is the only way to resolve the disputed issues, parties may need to file pretrial motions. A pretrial motion is a motion filed by either party requesting that the court take some action. Some issues need to be determined prior to the final conclusion of the case.