Family Law Updates

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Child Custody – How Do I Get My Kid For The Holidays?

Tis the season for holiday parenting time disputes. Whether it is Chanukah, Christmas or New Years, there is plenty to fight about this time of year....more

Protecting Gifts or Inheritances in Divorces

On numerous occasions, we have been asked how inheritances and gifts are treated in divorces in Pennsylvania. The first thing you need to understand is how marital property is divided in a divorce....more

Hospitals and Health Insurers Prodded on Same-Sex and Transgender Issues

In separate actions yesterday, CMS and the New York State insurance regulatory authority took steps to (a) assure equal treatment of same-sex spouses by hospitals and (b) insurance coverage of medically necessary transgender...more

Talking to Relatives About Guardianship of a Child with Special Needs

In a recent Washington Post advice column, a reader asked columnist Carolyn Hax whether the reader should explain her decision to name one set of relatives as the guardians of her children to the relatives that she did not...more

Financing the Business Buyout – Part I (Lenders)

My first article in this series addressed this question: When the closely-held business is a substantial marital asset, what are the three main choices for turning the Departing Spouse’s interest into cash payments? My next...more

Holidays with a Narcissist

Hi there, ‘Tis the season for holiday parties, and it’s my belief that narcissists are overly prevalent at parties. They provide a great opportunity for a narcissist to show off and shine. Behind the scenes,...more

How to Sponsor Same-Sex Spouse for Green Card

Prior to the Supreme Court’s decision in U.S. v. Windsor in June 2013, in which the Court struck down section 3 of the Defense of Marriage Act (DOMA), same-sex married couples were not allowed to seek a green card on behalf...more

Sixth Circuit Upholds Ban On Same-Sex Marriage and Poses the Question: Who Should Decide?

Based on a surprising ruling by the Sixth Circuit Court of Appeals last month, the validity of state bans on same-sex marriage appears headed to the Supreme Court after all. In a 2-1 decision, the court upheld state laws...more

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more

Implementing Regulation B Spousal Signature Provisions

The Equal Credit Opportunity Act and its implementing rule, Regulation B, prohibit any creditor from discriminating based on sex or marital status, among other protected statuses. All the federal banking agencies are involved...more

’Tis the Season to be Prepared – for Divorce

Holidays are tough in the best of circumstances, with lots of expectations and family pressures. Now, imagine if one or both spouses are unhappy in their marriage. Holiday pressures are amplified and can lead to a...more

Making The Holidays Happy For Kids During A Divorce

In a recent post on Avvo’s Naked Law Blog, I discussed the effect of divorce on children and offered some tips on how to deal with custody in light of a separation and/or divorce. Issues regarding custody become magnified...more

U.S. Supreme Court Now Likely to Rule on Constitutionality of Same-Sex Marriage Bans

To date, the U.S. Supreme Court has declined to rule on the constitutionality of state laws banning same-sex marriage. Even in the U.S. Supreme Court’s landmark decision in U.S. v. Windsor, the U.S. Supreme Court left to the...more

Making Spirits Bright: Creating the Right Holiday Schedule for Your Divorcing Family

The holidays are here, and for many, they bring merriment. Although there may be much fretting over holiday details, for some the stress of the season is greater than party planning, gift giving and cookie making. Recently...more

Guarding against a Trust's Destruction by Merger

A trust is not a trust if the “trustee” alone holds legal title to the subject property and alone possesses the entire beneficial/equitable interest. Instead, he owns the subject property outright and free of trust, all...more

Ha! Are You Ready for the Holidays?

Hi there, Happy Thanksgiving! I hope you all have a safe and fun holiday. Even though Christmas décor has been up for weeks, I’m just beginning to coordinate Christmas shopping for my grandkids with their...more

Dog Owners: Beware of Divorce

Divorce takes an emotional toll on all families. For over 60% of the households in the United States, that also includes their pets. While all courts are required to address custody matters involving children, most states are...more

Motorola: Inventor's Ex-Spouse's Co-Owns the Patent-in-Suit

In the matter pending in the Western District of Texas, Katrinecz, et al. v. Motorola Mobility LLC, Motorola moved to dismiss the complaint for lack of subject matter jurisdiction. In its complaint, the plaintiffs alleged...more

What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

As with all community property, retirement assets are subject to division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided....more

How is litigation involving spouses handled in Arizona? [Video]

Phoenix business law firm Jaburg Wilk Shareholder Roger Cohen discusses how litigation involving spouses is handled in Arizona. For more information visit www.jaburgwilk.com. ...more

Illinois Supreme Court Agrees to Decide How Social Security Benefits Offset in Divorce Settlement

In the closing days of its September term, the Illinois Supreme Court agreed to decide an issue of potential importance to the domestic relations bar: how are Social Security benefits treated in a property settlement during a...more

When Can I Start Dating During My Divorce?

Some clients ask, “When can I start dating during my divorce process?” While you certainly can start dating, the better question is, should I start dating during the divorce process and how could it affect my case? ...more

Who Can Benefit From International Estate Planning?

There are a number of common misconceptions regarding international estate planning and international tax law – and each year these misconceptions lead to families finding themselves facing tax problems, financial losses,...more

Is Interest Paid in a Divorce Buyout Deductible?

In my last article, I discussed this topic: If the divorce-related buyout of the Departing Spouse’s interest in a company will be paid in installments, what terms should the Departing Spouse request (and the Remaining Spouse...more

Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case

In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in...more

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