What Is the Legal Age of Consent in Georgia?
Georgia law determines the legal age of consent. A person must be age 16 or older to give consent to engage in sexual acts in the state of Georgia. Accordingly, it is a crime for an adult to participate in sexual conduct with someone age 15 or younger.
There are a few exceptions to this law. For example, the law has an exception for people who are legally married to each other. Because these are marriage-related provisions, they do not apply unless both parties are legally married. Anyone who is not married is subjected to the same age of consent laws in Georgia.
Additionally, the age of consent provision does not extend to people who are legally in a position of trust or authority over someone who is less than 18 years old . This means that people who are less than 18 cannot legally consent to sexual conduct with their teachers or coaches, for example. Even if the conduct occurs between two minors, if one of them is in a position of trust or authority over the other, it may still be a crime.
The age of consent in Georgia makes exceptions for people in the military. Military law governs these individuals instead of state law. These laws are unique and differ from civil or state law. In addition to military laws, most U.S. states have laws against sexual conduct with service members.
What is a Utah Real Estate Purchase Contract?
Understanding Real Estate Purchase Contracts in Utah
So what is a Real Estate Purchase Contract ("REPC")? A REPC is a contract between a buyer and seller that specifically governs the sale/purchase of real estate. This contract is filled with different terms, conditions, and contingencies that will ensure the transaction is completed or terminated, and rest assured , it is very important that every line of that contract is read and understood before putting pen to paper. The contract itself is broken up into sections including: select date for contract; purchase price; earnest money; title issues; title insurance; closing and possession; appraisal contingencies; and inspection contingencies. It is important that all of these sections are understood before agreeing to a REPC, as selling home/land is quite the permanent decision that is often irreversible and possibly quite costly.
What is a Cohabitation Agreement?
An Ohio cohabitation agreement is a written contract between two unmarried individuals. Cohabitation agreements are used to define the rights and duties of each individual and outline how joint property will be handled. While the cohabitation agreement can cover many of the same topics as an Ohio antenuptial agreement, an Ohio cohabitation agreement does not need to conform to the same statutory requirements.
Ohio law presumes that any property purchased by cohabitants is owned in equal shares, although the cohabitants may rebut that presumption. A cohabitation agreement may eliminate the presumption or specify the respective ownership interests of the parties in jointly acquired or gifted property. An Ohio cohabitation agreement may also place restrictions on the rights of one party to use or occupy specific property after the relationship ends. The agreement may also allocate debts or obligations of either party to the other.
Cohabitation agreements are not covered by any statute in Ohio and are generally governed by contract law. Courts will intervene to divide cohabitating individuals’ property only if there is a cohabitation agreement. Without an agreement , property is presumed to be joint property and there is no right to partition the property.
Ohio does not have a statutory domestic partnership registry. However, in 2013, the Ohio Supreme Court issued a decision in a negligence case that recognized domestic partnerships. In the case, a gay couple had purchased a house as joint tenants. When they separated, one partner gave the other a choice: If he would quit claim his interest in the house, the other partner would give him $150,000. The partner who had the larger income declined, and refused to contribute to the mortgage, while the claimant made all the payments. The claimant who had given the defendant the choice sought damages for breach of his duty of good faith and fair dealings. The court disagreed, holding that there was no enforceable property agreement because unmarried individuals do not have rights in Ohio to property acquired during their relationship in the absence of an agreement.
A registered domestic partnership may allow for property rights under Ohio law, but the Ohio domestic partnership registry is limited to private employers. The state of Ohio does not offer any provision for registered domestic partners.
Overview of the New 50/50 Custody Law
The 50/50 Custody Law is a new Kentucky law, incorporated into KRS 403.270(2)(c), which went into effect on January 1, 2018. The law is intended to reduce conflict and reduce the adversarial atmosphere of child custody cases by promoting equitable time with each parent and shared decision-making authority over the children. The law specifically says that "[a] standing order or a case schedule shall not be utilized to implement this provision of law." Thus, standard visitation schedules (i.e. alternating weekends, etc.) do not apply under the new law and judges will not apply the standard custody schedule to parents sharing equal parenting time. As of January 1, 2018, trial courts have been, and will continue to, have to implement the 50/50 Parenting time for parents going through a court action. Because the statute was passed after the summer legislative session, when the Kentucky legislature adjourned, many trial courts saw a conflict in the statute and the standard visitation schedule. For this reason, trial courts decided to interpret the statute to either not apply or postponed its implementation until January 1, 2018 . Since January 1, 2018, and for the foreseeable future, trial courts will have to interpret and apply the new 50/50 parenting time statute including court orders entered prior to January 1, 2018. There are some limitations to the 50/50 Parenting time statute. Going forward, parents must consider their responsibilities as parents going into any family law action. Since 2018, as per the new 50/50 Parenting time law: In Kentucky, at the time of writing, the law requires custody to be shared between parents on a 50/50 basis. This means parents share equal parenting time with the child(ren) and share decision-making authority over parenting choices with the child(ren) while the child(ren) reside with each parent. A lot remains to be seen about how the law will be applied and what effect it may have on litigated cases. Early indications vary widely, ranging from judges treating the new law as a new starting point in custody actions to judges inferring a limited application of the statute. It is important to stay connected to updates and amendments to the new law. There are indications that some changes will occur during the 2018 legislative session. Hopefully, the changes will bring more clarity to the 50/50 parenting time statute and continue to promote more parental involvement with child(ren).
What Exactly is Common Law Marriage?
Simply put, a common law marriage is a relationship in which a couple has agreed to be married and has cohabitated for a less defined period than required for a formal marriage to occur, and in the absence of a license or formal ceremony. This definition is quite broad, and common law marriage is a complex topic. Regardless of the specific criteria necessary to establish a common law marriage in any given state, the relationship between individuals and the resulting legal parameters are usually agreed to be mutual, cohabitative , and conferred by intent. Depending on the jurisdiction, common law marriage stems from either an express or implied contract between the individuals, and can be unwritten or not formalized. The idea of common law marriage, based on its name, seems to imply that a couple can become married simply by cohabitating for a sufficient time and holding themselves out as a married couple. Because states do not apply uniform standards to common law marriages, there is little homogeneity in how these relationships are treated within the legal system.
Florida Prenuptial Agreements Explained
A Prenuptial Agreement is a written and executed contract that is usually entered into by intended spouses prior to the marriage. This agreement, commonly referred to as a "Pre-Nup" or "Premarital Agreement" is meant to define the anticipated property and financial rights of each spouse in the event of a divorce, separation or death. Not every state licenses family law practitioners to prepare these agreements. In fact, 26 states, including Texas, require attorneys to obtain specific certification in order to prepare a Prenuptial Agreement. For this reason, many individuals seek out the assistance of a qualified South Florida attorney to draft these agreements. Often, a Floridian is found on the receiving end of a bland, form document drafted by a loved one’s Texas based attorney. Be careful: not only are the forms unsuitable, but Florida statutes concerning the validity of a prenup differ from other states.
In 2007, the Florida Legislature passed the Florida Uniform Premarital Agreement Act (the "Act"). The Act details the requirements necessary for a valid Pre-Nup in Florida. Florida Statute 61.201(3) sets out a short definition for a Prenuptial Agreement, identifying it as " ‘an agreement between spouses made in contemplation of marriage and to be effective upon marriage.’"
In Florida, it is important to understand that neither spouse may have the unilateral right to dispose of the other’s assets. This is a key difference between Florida and many of those other states that require certification. A prenuptial agreement entered into in Florida may not actually be a true contract . This is one of the reasons why Florida has not clung to the certification requirement that remains in 26 states. In Florida, there exists no fiduciary duty between the couple that provides the enforceability for the agreement. Instead, the acting force is the Act. To that point, Florida courts have refused to categorize prenups as strictly a contract, despite the original intent of the Act.
One of the next points to keep in mind if you are contemplating a agreement is that the agreement is not subject to the modification requirements necessary for other contracts under Florida law. The premarital agreement is not subject to the statute of frauds when characteristic tenants of a contract are present. See Fla. Stat. § 725.01; see generally Schwartz v. Battey. 93 So.2d 738 (Fla. 1957); Plotkin v. Chenitz, 518 So.2d 373 (Fla. 4th DCA 1988); Pool v. Shelter Pest Control, Inc., 36 So.3d 75 (Fla. 4th DCA 2010).
Florida courts have held that the remedies for wrongful disclosure and/or nondisclosure of assets are currently limited to constructive trust remedies. In general, a Florida court will enforce the terms of a prenup to ensure the said terms do not result in an "unreasonable and unfair advantage" to one party. When deciding whether an agreement is valid and enforceable, a Florida court will consider if the terms were unconscionable due to any of the following; insufficient or lack of disclosure, whether each party was represented by independent counsel, whether each party had adequate time (at least 7 days) to review the agreement before signature, and whether the nuptial was performed under duress or coercion. If any of these factors exist, the agreement is unlikely to be upheld by a Florida court.
What Is Arizona Probation?
Probation is essential to Arizona’s criminal justice system and is commonly adopted as a plan of punishment and rehabilitation when the court has determined that a defendant’s specific criminal offense warrants further discipline, yet incarceration may not be needed or necessary. Probation is meant to be a type of punishment that is similar in kind to incarceration, instilling in the defendant the idea that breaking the law will not be tolerated. Defendants on probation are subject to conditions the court imposes, which they must follow through their period of supervision. Anyone who completes their term of probation successfully will have their probation terminated, but anyone who violates their status is subject to various penalties.
Probation is classified as either supervised or unsupervised, but a majority of defendants end up being assigned to a supervised probation. While on supervised probation, defendants must report to an officer of the court and submit to certain requirements based on the terms of their probation as well as their level of offense . This level of supervision serves as a way of helping to rehabilitate the defendant by keeping track of their progress during their probationary period.
No probation period requires supervision in order to establish the guidelines that the defendant must follow. This is particularly common in cases where there is a significant amount of time remaining on the individual’s scheduled probation sentence. In other scenarios, such as where there are children involved or the defendant has committed certain sex crimes, courts are more likely to impose a supervised probation.
Usually, when someone is given a sentence in Arizona, it includes some amount of probation as their punishment, regardless of their offense, whether it is serious or relatively minor. Though these sentences are commonly used by courts as alternatives to incarceration, revoking a person’s probation can result in time in prison, so anyone given a probationary sentence should remain committed to following the rules and conditions of their probation. Being subject to probation supervision may help individuals stay out of trouble or correct any errors they made in their past.
What Does a Choice of Law Provision Mean?
A choice of law clause is a specific provision in any legal contract that chooses the jurisdiction whose laws will govern in the event of a dispute. Also known as a "governing law clause" or a "legal jurisdiction clause," this important clause essentially allows the parties of a contract to determine which state or country’s set of laws will apply to the agreement. In doing so, it also allows both parties to avoid a legal nightmare of having to determine in court which state or country’s laws will be applied in the event that the contract is violated or misinterpreted .
This type of clause is most important to both parties of a contract because, although international and interstate contract laws are very similar, there may be variances with respect to particular issues in certain countries or states—particularly when it comes to international websites. The purpose of this provision is to clearly outline which jurisdiction will have authority over the enforcement of the contract, thereby establishing a framework for correcting violations and resolving disputes.
What Is California’s Exit Tax?
California’s "exit tax" is the informal name given to a provision within California’s state income tax law (Revenue and Taxation Code Section 17951) that taxes the income of former California residents for up to 10 years after they’ve moved out of the state if they continue to have income from California sources. Also referred to as "Residency Based Income Taxation" or "RBIT", the exit tax applies to individuals with gross income over $200,000 in the year before they leave California.
The exit tax is assessed on all of an individual’s income that was reported on a California tax return in the year prior to the year in which they moved out of the state, reduced by a 5% reduction for each full year worked in a job away from the state for the next ten years after the move .
California requires state income tax returns to be filed for the year that you moved out of the state, despite you being a non-resident for the remainder of the year. This means you will owe California income tax for income earned while a California resident.
If you have California-source income after your residency in the state ended, you will need to continue to file a California income tax return for as long as you receive or earn income from California sources. However, for the first 10 years, you can reduce the amount you owe to California by 5% for each full year you performed services outside the state. It is important to note that a full year is generally defined as having performed services in two or more weeks before and after a leap year February 29, and not based on a calendar year.
Understanding Egress Windows
Egress windows serve as a pathway to safety during emergencies but also have an important role in satisfying building codes that require minimum safety standards in the home. An egress window is simply defined as a window that provides an unobstructed exit from a room. This type of window, the International Residential Code, or IRC, defines as "a window that is operable and provides a clear opening that is not obstructed by a window well, a door, a stairway or other permanent construction and that allows the immediate access to it from the exterior . . . ." The IRC has long required egress windows in its building codes , but it’s not until recently that Michigan adopted the rule.
The IRC requirement specifically applies to sleeping rooms that are located below grade. Mills noted that these are windows that are located in basement bedrooms or "dungeon kind of rooms." The code outlines a number of specific requirements for egress windows. In addition to the window size requirements, there are requirements for the window wells, where they cannot be less than 24 inches deep. Other egress requirements include: The one exception to the egress requirement is when a room is equipped with a fire suppression system. But in order for it to count as a substitute for an egress window, there needs to be a backup power source for the system that is tested yearly. Also, a fire alarm is required for each sleeping area.