Sioux Falls Family Law Lawyer, South Dakota, page 4


Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Jami J. Bishop

Personal Injury, Litigation, Living Wills, Family Law
Status:  In Good Standing           

Donald N. Srstka

Tax, Federal Trial Practice, Insurance, Family Law
Status:  In Good Standing           

Cynthia J. Ahrendt

Criminal, Family Law
Status:  In Good Standing           

Derek Bertsch

Criminal, Litigation, Family Law
Status:  In Good Standing           
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Stephanie R. Amiotte

Criminal, Family Law
Status:  In Good Standing           

Kathryn Lynne Hoyme

Family Law
Status:  In Good Standing           

Karen L. Crew

Criminal, Family Law
Status:  In Good Standing           

Michael M. Billion

Family Law
Status:  In Good Standing           

John P. Peterson

Criminal, Personal Injury, Family Law
Status:  In Good Standing           

Timothy J. Dougherty

Real Estate, Bankruptcy, Contract, Family Law
Status:  In Good Standing           

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LEGAL TERMS

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

PALIMONY

A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other afte... (more...)
A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other after they break up.

POT TRUST

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

FOSTER CHILD

A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family ... (more...)
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family home because of parental abuse or neglect. Occasionally, parents voluntarily place their children in foster care. See foster care.

ARREARAGES

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged i... (more...)
Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged in bankruptcy, and courts usually will not retroactively cancel them. A spouse or parent who falls on tough times and is unable to make payments should request a temporary modification of the payments before the arrearages build up.

SAMPLE LEGAL CASES

ALVINE FAMILY LTD. PARTNERSHIP v. Hagemann

... ZINTER, Justice. [¶ 1.] Alvine Family Limited Partnership (Alvine) sued a neighboring landowner and his tenant for, inter alia, negligence, nuisance, and trespass. ... At the close of the evidence, Alvine moved for judgment as a matter of law on his claim for trespass. ...

Gul v. Center for Family Medicine

... Dr. Kemp, a family practice physician employed by CFM, supervised the residency program. ... and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. ...

Deadwood v. MR Gustafson Family Trust

... ZINTER, Justice. [¶ 1.] The MR Gustafson Family Trust (Gustafson) sought to demolish a building located in the City of Deadwood (City). The ... settled: Questions of law such as statutory interpretation are reviewed by the Court de novo.... ...