Marriage
State law determines who may marry, when, and under what circumstances. Several online sites provide marriage law information: Cornell's Legal Information Institute has a table of State marriage laws: http://www.law.cornell.edu/topics/Table_Marriage.htm. Also see, http://marriage.about.com/people/marriage/library/weekly/aa020801a.htm, for the pros & cons of prenuptial agreements.
Department of Defense (DoD) Financial Management Regulation, (DODFMR) Vol. 7A, discusses DoD policy on the validity of marriages in general, and the services generally follow the civilian practice of recognizing a marriage that is valid under the laws of the jurisdiction where it was contracted. Ceremonial marriages are presumed valid, but when a marriage's validity is contested, a decision as to validity will be based on the facts and circumstances of the particular case.
For non-legal family matters, consult a chaplain, a counselor, or an Army Community Services representative.
Cornell LII’s Family Law State Statutes
Office of Children's Issues State Dept - International Adoption-Child Abduction
LLRX -- International Family Law A Selective Resource Guide
ABA Family Law Fax News Update
Child Custody Resource Guide
Name Change
General
Usually, a person may change his recorded name by following State law. In most States, statutes establish a specific method to change a name normally by filing an application and receiving court approval. In some States, these laws do not prevent an individual’s common law right to change his name without resorting to a judicial proceeding. Often, however, the best practice is to use the statutory method since it establishes the new name as a matter of record and the court order documents the name change legally. This is particularly important when applying for government benefits. For example, one may not receive Social Security benefits under a new name unless a court has approved the name change or it otherwise complies with applicable state law (e.g., an administrative procedure). Name changes are not approved if a change interferes with the rights of others or is for a wrongful or a fraudulent purpose.
Official Army Records
Army Regulation 600-8-104, Military Personnel Information Management/Records, Chapter 6, Section VIII, outlines Army procedure and documentation requirements for changing an individual’s name in official Army records. These documents could include, but are not limited to: marriage certificate, naturalization certificate, and court orders.
Name Change Law Information by State
Name Change on Social Security Card
Adoption
The Fort Myer legal assistance office may advise you on local adoption law or refer you to local adoption agencies.General
General
Adoption is the process of legally substituting a new parent or parents for a biological parent or parents. It usually eliminates any and all rights a biological parent may have, absolutely and forever, and gives those rights without qualification or exception to the adopting parent(s). Any person, whether a minor or adult, may be adopted. Once finalized, an adoption is nearly irreversible.
There are two methods of adoption: a private adoption and an agency adoption.
A private adoption usually involves an adopting parent or parents and a child whose identity is previously known to them. The most common private adoptions are the stepparent adoption, where a stepparent adopts his or her spouse's children by a previous relationship, and the adoption by grandparents of a grandchild neglected or abandoned by the parents.
Agency adoptions vary. They can be accomplished using state welfare offices, foster care programs, church organizations, commercial agencies, and placement services. To adopt through an agency, prospective adopting parents register with an agency, which then evaluates their suitability as parents and the best type of child for them. Once a child that matches the parents is found, the child will live with the adopting parents for a period of time under supervision of the agency to ensure that everything is working out. After this time passes the adoption is finalized.Legal Process
Legal Process
Adoption usually requires several steps:
the parental rights of the natural parents are terminated,
a hearing is conducted to determine the adopting parents' suitability as parents, and
a final court decree of adoption is obtained.
Parental rights can be terminated only by a court and only when there is "clear and convincing evidence" that it is in the best interests of the child. Parental rights may be terminated by voluntary consent of the natural parents. A consent signed by the natural parents is not binding until the court approves it and the adoption is finalized. Parental rights may be terminated involuntarily if a court is satisfied a parent has abandoned the child, has failed to support the child, has abused the child, or has otherwise neglected parental responsibilities. Death terminates the parental rights of the deceased parent, but does not terminate the right of the child to share in the estate of the deceased parent. Once the child is adopted, however, any right to inherit from the natural parents normally ends.
In addition to determining whether parental rights should be terminated, the court must determine if the adoptive parents are suitable parents for the child. The court may make this determination in open court, but more commonly will ask an appropriate agency to investigate the home environment and return a confidential report to the judge. An agency investigation may be waived under certain circumstances.
After appropriate notice to all who might have an interest in the case, the court conducts a final hearing. Afterwards, the judge will either approve or disapprove the adoption. Once an adoption is approved, a new birth certificate with the adoptee's new name may be issued.Selected Adoption Information Sites:
Selected Adoption Information Sites
Visit the National Adoption Information Clearinghouse's web site for A Quick Guide to Adoption Law for further information on adoption, including who can adopt and be adopted, the adoption legal process, and rules of confidentiality. In addition, it discusses a range of State law variations and has a description of the adoption process in a particular State, in State-by-State adoption law guides. The summary of State adoption statutes cover: who can adopt, who can be adopted, consent to adoption, confidentiality, permissible fees, place of adoption hearing, authority to place child, adoption of relatives and advertisements.
National Child Support Guidelines
http://www.supportguidelines.com/
Common Questions And Answers On Divorce/Separation
Can I Get A Divorce At The Legal Assistance Office?
No. You have to go to court to get a divorce, and you will probably need a private attorney too. Although you are not legally required to have an attorney, it is sometimes difficult to get a divorce without one. Even though a legal assistance attorney usually cannot go to court for you, he or she may still advise you about the issues and procedures in your case and prepare a separation agreement for you and your spouse to sign, if appropriate.
Where May I Get Divorced?
You can’t just file for divorce anywhere. A valid and legal divorce can only be granted in the "home state" or domicile of either the husband or the wife. This means the true legal home of one of the marriage partners. It is the place where a partner can vote, pays income taxes and qualifies for in-state college tuition. It does not necessarily mean the same thing as a military "home of record.”
What Happens In A Divorce?
Several things can or will happen:
-First of all, you become single again -- you are no longer married. You can date, get remarried or stay single. You can file your taxes as "Single" (or, if you have dependents living with you, as "Head of Household") rather than as "Married." Usually the ex-wife may resume using her maiden name - and often this may be requested in the divorce papers that she files or in a separate Name Change action later.
-A divorce, however, does not necessarily mean that child support, alimony, property division, and custody are all resolved. This depends on the law of the particular place (state or country) where you file for divorce or dissolution of marriage. In some places, that is what must happen before the divorce is granted; all issues in dispute between the parties must be resolved by trial (and all not in dispute must be settled by written agreement) before the court will divorce you.
-In others, however, the divorce is entirely separate from these other issues and may be granted independently of a resolution of these issues; you can go ahead and litigate (fight in court) any contested issues at any time before or after the divorce, which is granted independent of the claims for property division, custody, child support and alimony.
How Long Does A Divorce Take? What Are The Grounds? Can My Spouse Contest The Divorce?
It depends entirely on the law... the law of the place where you get divorced. And that means about 50 different answers are possible for just the United Stated alone. In fact, in some states the answers vary from county to county or even from city to city in the same county. You'll have to ask your legal assistance attorney or your divorce lawyer these questions in order to get the right answers.
Do I Need A Separation Agreement To Get A Divorce?
No, you do not need a separation agreement to obtain a divorce. While a separation agreement will usually make the divorce simpler, cheaper, and sometimes faster to get, it is not a requirement for divorce. Consider a separation agreement if you think you and your spouse can agree on its terms, since this means a full resolution of all your differences and it leaves less to fight over with lawyers in court.
Since My Spouse And I Agree To Divorce, Can We Do So Without A Lawyer And Save Money?
In some states there is a simplified procedure for "pro se divorce" (basically "do-it-yourself"). In such cases, there are standard forms in which you fill in the blanks, or sometimes there are examples you can follow to start your divorce. Then you would need to serve these papers on your spouse, usually by certified mail, by sheriff or by a "process-server" (that is, a person who delivers court papers). If your spouse does not respond within a certain period of time, the court will either grant your divorce then and there, or may allow a hearing to decide. Please note that there is no easy way of knowing which states allow this simplified procedure or which ones make it easier or more difficult for you to get your own divorce without a lawyer. Ask a legal assistance attorney to advise you.
What About Attorney’s Fees? I Sure Don’t Want To Pay A Lot Of Money For My Separation And Divorce. Let My Husband Pay All My Attorney’s Fees! Why Do I Have To Pay?
Be sure to ask early and often about attorney’s fees. Here are some suggestions:
- Find out from your lawyer if the attorney’s fees you incur can be assessed by the court against the other side (in other words, if your soon-to-be-ex can be made to pay your lawyer’s bill).
- Be sure you ask your lawyer at the outset how much he or she charges. Get this written down in a contract that both you and your lawyer sign. Read the contract closely before signing; you might even want to take it home with you before signing to read it closely and to allow yourself to think about it before you commit yourself to what might be thousands of dollars of legal expenses. Be sure to ask any questions you have before you sign it. Also make sure you keep a copy of the contract.
- Ask for an estimate of the total charges and ask what services are included in this estimate. Ask what your attorney expects to be the steps you go through and how much time (or expense) they might involve -- if you hire an experienced lawyer, he or she should be able to at least "outline" the process for you with a fair degree of accuracy.
- At the same time, please be aware that it’s impossible to predict with any degree of accuracy what will happen in a divorce case. While many of these are resolved as standard "uncontested divorces" with no alimony, property or child-related issues involved, there are a great many cases that are completely unpredictable, so don’t expect a specific dollar amount to be quoted to you as "the entire fee" in anything but a standard uncontested divorce. In fact, be wary of attorneys who promise to handle your entire case for a fixed sum, since it is impossible at the outset to tell what will occur in all except the most routine of uncontested divorce cases -- one in which both parties want to get divorced, there are no issues of alimony, property division, custody or child support, and there is no problem serving the other party with the divorce papers.
- Be sure you understand the hourly rate of your lawyer, how the billing takes place, when you're expected to "refresh the retainer" and so on.
- Be sure to ask lots of questions if you want answers and you want to know how you will be charged in your case -- after all, it’s your money.