Divorce

A recent legal battle between Sofia Vergara and her ex-fiance, Nick Loeb, has pushed into the spotlight the issue regarding what to do with frozen embryos after a couple has separated. After the couple’s break up, Loeb filed suit against Vergara (under “John Doe v. Jane Doe”) in an effort to preserve the two female embryos conceived through in-vitro fertilization (IVF) during the couple’s engagement. The couple, who only enacted legal documents describing the terms of the embryos upon the deaths of each Vergara and Loeb, are lost as to the legal rights of ownership due to the couple’s separation; Loeb is filing suit to keep the embryos viable for later implantation for his own children. Past case law, especially due to the fact that many states do not have laws on the books to address this issue, has held that prior legal agreements between the couple generally can be upheld if controversy arises.

When deciding to initiate a divorce, there are a variety of crucial steps that must take place before the divorce process can begin. The first thing that needs to be done is to file your divorce papers with the Clerk of Court in the Family Court Division. When you decide to file, you must decide what type of divorce you will file for, whether it is fault-based grounds or no-fault. In a no-fault divorce, the process is a bit easier because of the fact that there are no issues or elements that you need to prove that would be required if trying to prove on a fault-based ground. Once those immediate steps have taken place, your spouse must be notified. This is done through the service of divorce papers on your spouse.

A military family has completely different considerations than civilian families. Military families must be ready for any and all conditions at a moment’s notice; they must be prepared if the family needs to move to another base, if there are any benefits to a military family that changes, if a member of the military family gets deployed, and for what happens to the military family when the member returns home. Members of military families, when active, spend a significant amount of time away from the family home, and this can lead to significant family problems that the strains of military life not only start but may exacerbate as well. In the past, military service men and women were at a disadvantage when it came to divorce, child custody, and visitation rights.