Family Law Updates

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Innocent Spouse Relief Granted Due to Spousal Abuse Even If Requesting Spouse Had Knowledge of Tax Deficiency

In a recent Tax Court case, innocent spouse relief was granted to a Florida taxpayer to relieve her from over $400,000 in tax deficiency and penalties. Tax Court typically is reluctant to grant innocent spouse relief when the...more

US Supreme Court: Same-Sex Couples Have Constitutional Right to Marry

The gay rights movement saw decades of litigation and activism culminate in victory when the Supreme Court made the United States the 21st country to legalize same-sex marriage nationwide. Unlike its 2013 decision in United...more

Ashley Madison, meet the kids: infidelity and divorce

The recent Ashley Madison breach exposed millions of users who’d signed up to the site, believing they were doing so with full anonymity. Social media and news outlets helped fuel a storm that will not soon be forgotten. In...more

Every Child Deserves Representation in a Contested Adoption

In my previous post on Adopting a Stepchild, I explained the steps to go through for an uncontested adoption. Many adoptions are very simple and straightforward. However, in situations where there are disagreements about what...more

International Custody in Relation to the Kelly Rutherford Custody Trial

International custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their...more

Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more

Obergefell Ruling Reaffirms That Employees In Same-Sex Marriages Have FMLA Rights

Earlier this year, the U.S. Department of Labor (DOL) issued a final rule defining “spouse” under the Family and Medical Leave Act (FMLA) so that an eligible employee in a same-sex marriage is able to take FMLA leave to care...more

Divorce Is Hard

Hi there, As the summer winds down and kids start back to school, a lot of folks decide to take their first real step in the divorce process. I routinely see a lot of people in August who haven’t decided what to do and...more

Supreme Court Affirms Ruling That School District Has Duty To Transport Student To And From Father’s And Mother’s Separate...

Watts v. Manheim Central School District, 112 MAP 2014 (Pa. 2015). The Pennsylvania Supreme Court affirmed an earlier ruling of the Commonwealth Court that, when a school district provides transportation, it must transport a...more

The Ashley Madison Hack — Will It Cause Couples To Divorce?

Everyone is speculating that the Ashley Madison hack will mean an increase in business for divorce lawyers. This remains to be seen. However, the real question is what happens if your name appears on the list of users? And...more

Employer Policies And Procedures That May Need To Be Updated In Light Of Obergefell

The U.S. Supreme Court, in Obergefell v. Hodges, ruled that same-sex marriage is a constitutionally-protected right which cannot be infringed upon through governmental action. Although private sector employers do not...more

Business and Professional Practice Valuation in Divorce

The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues. Among the most significant of these issues are the valuation date and the standard of value to be...more

Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...more

You’ve Been (Virtually) Served; From Facebook Friend to Process Server: Service of Process Via Facebook Messenger

It is no secret that social media has changed the face of the world in the last decade. Just ask Grumpy Cat. What is less evident, although no less true, is how social media has impacted the practice of law in the same amount...more

The Impact Of Obergefell On Employee Benefits

Prior to the Obergefell decision, the U.S. Supreme Court, in U.S. v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which mandated that federal laws only recognize opposite-sex marriages. As a result of...more

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

4 Thoughts On The Ashley Madison Hack

1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean...more

How Does Ashley Madison Membership Effect PA Divorces?

Ashley-Madison is a controversial online dating/social networking service, based in Canada, which markets to married individuals or those in a committed relationship. Its slogan is “Life is short. Have an affair.” The site,...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Domestic Partnership Agreements: Financial Disclosures and Privacy

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the...more

Ashley Madison’s Impact on New Jersey Divorce

Names, email addresses, credit card information, billing addresses and more for over 36,000,000 registered users have been released on the internet by the Ashley Madison Hackers. While many of the registered accounts may...more

Court Doubles Father's Child Support Obligation Due To Father's Expenses Being Paid By Second Wife

In the 2015 Pennsylvania Superior Court Decision, J.P.D v. W.E.D, the court affirmed the trial court's decision to double a father's child support payment because the majority of father's expenses were paid by father's second...more

Ashley Madison: Karma Strikes

Our barn cat, Ashley, is shocked and appalled. Hi there, Well, cheaters beware! Last week I posted on the Ashley Madison hack. The hackers were largely silent for about a month after they went into Ashley Madison’s database...more

Divorce Lawyer Marriage Tips

Family law attorney Stacy Rocheleau with RIGHT Lawyers has written a guest blog post for my clients on how to stay married. Thanks, Stacy for the great advice...more

SCHOOLING AND DIVORCE

As summer comes to an end, it is important to remember divorced or non-intact families must approach their child’s schooling a little differently than intact families. For example, many intact families designate one parent to...more

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