Law & Legal & Attorney Wills & trusts

Judicial Separation & Family Law Reform Act of 1989

    Procedure

    • A spouse may apply for judicial separation for one of several reasons. This includes proven adultery, if the spouses have lived apart for more than three years or if the normal marital relationship (as determined at the discretion of the court) has not existed for at least one year.

    Considerations

    • Property, assets and custody of children are divided based on the discretion of the judge of the Circuit Family Court. The Court also has the power to declare a spouse completely unfit for child care and prevent said spouse from any custody, even upon the death of the the child's primary guardian.

    History

    • The Act was originally passed on April 19, 1989. It is effectively a conglomeration and reworking of several previous laws, and thus contains several amendments to previous Acts, including the Status of Children Act of 1987 and the Family Home Protection Act of 1976.

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