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Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Bitcoin Redux With An Ethereal Twist

by Fox Rothschild LLP on

We last wrote about Bitcoins in late March, 2014. The principal concern we expressed at that time was that these cryptocurrencies might form a refuge from financial disclosure in the typical divorce setting. The specifics of...more

Custody: Relocation and School Changes-plan Ahead

School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting...more

Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

May a vindicated trustee be reimbursed personally from the trust estate even for those defense costs that were covered by his...

by Charles E. Rounds, Jr. on

As to whether the vindicated trustee’s claim against the trust estate for defense counsel’s fees should be offset by payments made to defense counsel by the trustee’s personal liability insurance carrier, at least one court...more

Estate Planning and Prenuptial Agreements: Tax Implications of Alimony

by McNair Law Firm, P.A. on

When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more

Estate planning during divorce: It’s never too early to start

by Thompson Coburn LLP on

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse...more

Guardians Should Guard Against Claims Of Undue Influence

by Bryan Cave on

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says

by Fox Rothschild LLP on

Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the...more

Supreme Court Addresses The Application Of A Rebuttable Presumption

by Fox Rothschild LLP on

The Sex Offenders Act is found in Chapter 7A of Title 13 of the Delaware Code. Section 724A of the Sex Offenders Act imposes a rebuttable presumption “that no sex offender shall be awarded sole or joint custody of any child,...more

Arbitration Agreement Enforceable Against Non-Signatory Spouse Because Community Property

by Dorsey & Whitney LLP on

You know how the vows go: “for richer or for poorer, in sickness and in health, in district court or in arbitration…” Wait a minute. Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was...more

Equitable Distribution When the Trial Judge Gets it Right

It is not often in a complex equitable distribution case that we see a trial Judge’s fair and well-reasoned decision reversed on appeal. However, that is precisely what happened in the April 18, 2017 Court of Appeals case...more

Family Court Releases Electronic Order Request Forms

by Fox Rothschild LLP on

Family Court has not yet moved to the electronic filing system used by other Delaware Courts. However, effective today, June 1, 2017, attorneys and litigants in Family Court may request to receive orders issued in all their...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Post-Acute Care Summary Report - May 2017

by Benesch on

PE Firms Look Past Uncertainty in Healthcare Market—For Now - The outlook for the healthcare industry remains unclear, thanks in large part to continued changes ushered in by the Affordable Care Act (ACA) and uncertainty...more

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

Ransomware Attack Hits Dallas Senior Living Community

No industry is immune from ransomware attacks—including senior living communities. Senior living communities have exploded now that baby boomers are selling homes, down-sizing and getting ready for that stage of life....more

Hiding Behind Faith

by Bowditch & Dewey on

A reasonable amount of uncertainty, speculation, and even fear is expected with any change. Recently, we have seen a change among states and laws governing child welfare agencies and same-sex adoption....more

Don’t Forget To Celebrate – May Is National Foster Care Month

by Fox Rothschild LLP on

By the President of the United States of America- A Proclamation- During the month of May, we observe National Foster Care Month and we celebrate those who have opened their homes and their hearts to children in...more

More on Transfer Tax Issues Post Windsor and the Legalization of Same-Sex Marriage

by Bryan Cave on

In a recent Notice, the Internal Revenue Service set forth some administrative procedures helping taxpayers recalculate gift and generation-skipping transfer tax exemption with respect to gifts and bequests made to or for the...more

Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages

by Winstead PC on

In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history)....more

How Can The Answer Be No Before You Know What The Question Is?

by Fox Rothschild LLP on

We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally...more

The Supreme Court - May 15, 2017

by Dorsey & Whitney LLP on

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how...more

Supreme Court Decides Howell v. Howell

by Faegre Baker Daniels on

On May 15, 2017, the U.S. Supreme Court decided Howell v. Howell, No. 15-1031, holding that where a veteran waives retirement pay to receive service-related disability benefits, federal law preempts state courts from ordering...more

Court Appointed Special Advocates Needed!

by Fox Rothschild LLP on

Prior posts have addressed the important role of child advocates in Family Court. CASAs, or Court Appointed Special Advocates, are one example of the wonderful advocates who volunteer their time to represent Delaware’s...more

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