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Family Law Updates

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

Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

by Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Five Common Misconceptions in Divorce Litigation

by Burns & Levinson LLP on

Newly separated and divorcing clients almost always come to us with preconceived ideas of what they hope/expect might happen in their cases. All too often, these preconceived ideas are based on a client’s own sense of equity...more

Planning ahead after a divorce

For those in the middle of a divorce, the last thing on their mind is a review of their estate plan. However, a major life change, such as a divorce, is a critical time to update an estate plan so that wishes are carried out...more

Lawsuit Challenges Adoption Agencies That Refuse to Work with Same-Sex Couples

by Varnum LLP on

2015 was an eventful year for gay rights in Michigan. Most notably, litigation concerning Michigan's ban of same-sex marriage reached the United States Supreme Court, in Obergefell v. Hodges. In a June 26, 2015 decision, a...more

Pennsylvania Child Support and Adjustments for Extra Expenses

Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support....more

Ferri v. Powell-Ferri: A trust decanting decision that is less than meets the eye (Part II)

by Charles E. Rounds, Jr. on

The Supreme Court of Connecticut (SCC) certified three trust-decanting questions of law to the Supreme Judicial Court of Massachusetts (SJC) incident to a divorce proceeding. On March 20, 2017, the SJC rendered its answers to...more

Legislation to Provide Equal Tax Treatment for Married Same Sex Couples

by Pessin Katz Law, P.A. on

On July 13, 2017 Rep. Richard E. Neal (D-MA-1), joined by other members of the U.S. House of Representatives, introduced H.R. 3234, Refund Equality Act of 2017, which has been referred to the House Committee on Ways and...more

Moving Out of State? – Relocation Standards in New Jersey and Pennsylvania

by Cozen O'Connor on

New Jersey – The New Relocation Standard - Can a custodial parent in New Jersey move to another state and still retain custody if permission is not obtained from the other parent? A recent New Jersey State Supreme Court...more

This Agreement To Arbitrate Will Self-Destruct in 3…2…1…

by Fox Rothschild LLP on

Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be...more

CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

Observations On Mediation

by Fox Rothschild LLP on

There is a world of information on the internet. That includes a huge number of websites professing to advise you about divorce. And among the topics often discussed on these sites is mediation. Not a week passes without...more

Can Divorcing Families Afford The “Sporting Life?”

by Fox Rothschild LLP on

The September 7 issue of TIME Magazine features our obsession with childhood sports. The statistics tell the story. In 2005, school age children played sports at a combined cost of about $8 billion per annum. Today that...more

Day 11 of One Month of Innovation in Compliance-OODA Feedback Loop

by Thomas Fox on

Alistair Croll draws on military theory to illustrate his concept of a feedback loop. It is the OODA loop, which stands for observe, orient, decide and act. This comes from military strategist John Boyd who realized that...more

Edith Windsor: Saying Farewell to a Brave Woman

by Bowditch & Dewey on

In law school, I wrote papers on the tax consequences of death and divorce for same-sex married couples. The conclusions I drew in those academic exercises included advising same-sex married couples to plan for tragedy well...more

Employer Alert: Reporting Requirements for All New or Rehired California Employees

by Ervin Cohen & Jessup LLP on

All California employers must report their newly hired or rehired employees who work in California to the California Employment Development Department (EDD). Reporting is done using the EDD’s Report of New Employees form,...more

Navigating The Added Challenges Of Divorce In New Jersey With A Special Needs Child

by Cole Schotz on

Divorce is an unfortunate reality for many couples and can be especially complicated and heartbreaking when children are involved. Parents of children with special needs, however, face additional challenges. ...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Right Against Self-Incrimination Preserved For Parents In Cases Involving Child Sexual Abuse

by Fox Rothschild LLP on

Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike in to unchartered territory...more

Where Should Custody And Parenting Issues Be Decided?

by Fox Rothschild LLP on

Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply...more

INTERPOL and child kidnapping cases- what are INTERPOL’s abilities and limitations?

by Estlund Law, P.A. on

A reader recently contacted Red Notice Law Journal to inquire about INTERPOL’s role in child kidnapping cases. This question is unfortunately more common than one might imagine, and is likely to become more so as we continue...more

STOP: Deferred Action for Childhood Arrivals Program Rescinded

by Strasburger & Price, LLP on

On September 5, 2017, the Trump Administration, through Attorney General Jeff Sessions, announced its decision to rescind the Deferred Action for Childhood Arrivals (DACA) Program. The program was implemented through...more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

by Charles E. Rounds, Jr. on

A removed trustee retains myriad residual fiduciary duties and liabilities. The most obvious is the duty not to betray the confidences of the entrustment going forward. Less self-evident is the removed trustee’s residual...more

She Should Have Known – Spouse Denied Tax Relief

by Pessin Katz Law, P.A. on

In Ryke v Commissioner (U.S. Tax Court, TC Memo 2017-144, Docket No. 20587-15, July 25, 2017) a doctor claiming innocent spouse relief for unpaid taxes was denied the same because she knew or should have known of the tax...more

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