Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
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Another rejection of the intent-defeating, sole-benefit-of-the-beneficiaries principle, the policy centerpiece of the Uniform...

In §6.1.2 of Loring and Rounds: A Trustee’s Handbook (2016), the authors report on the ongoing academic debate between Prof. John H. Langbein and Prof. Jeffrey A. Cooper over the merits of the sole-benefit-of...more

Misinterpreting the Law Doesn’t Negate an Alimony Agreement

The Appeals Court decision in DeMarco v. DeMarco reminds us that a deal is a deal, even when it’s entered into based upon advice from a trial judge who misinterprets the law....more

2016 Legislative Changes to Virginia Family Law

The 2016 Virginia General Assembly enacted several changes to statutes relating to family law in the Commonwealth. Those changes are effective July 1, 2016 and include the following...more

Unhappily, Ever After: NJ Supreme Court Rules Divorcing Employees Protected by NJLAD

Unfortunately, not all marriages are happily ever after. When divorce seems inevitable, losing your job as a result of a looming divorce is something no employee wants to worry about. On June 21, 2016, the New Jersey...more

Wealth Management Update - July 2016

July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The July § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and...more

In the child’s best interests

We have covered the general laws relating to child custody and visitation rights in the event of a marriage dissolution. While the courts have general guiding laws, these laws are discretionary; the courts will always rule in...more

Can I Sue My Former Spouse For Destroying My Relationship With My Children?

Sometimes in custody disputes, one parent attempts to get a leg up in the custody case by bad-mouthing the other parent to the children. Additionally, in more extreme cases, a parent in a litigation may even try to persuade a...more

Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a...more

Definition of Cohabitation Set in Recent Alimony Reform Act Interpretation

The latest in a series of cases interpreting and clarifying the Alimony Reform Act of 2011 has just been decided. Duff-Kareores vs. Kareores was decided by the Supreme Judicial Court on June 15, 2016....more

You Cannot Pay Child Support with Pizza

Parties to a divorce frequently feel that they are biting off more than they can chew. The reality often is that the two parties living separate lives cannot live as economically secure as they did when they were together. ...more

Divorce, property settlements, and bankruptcy (#2)

If a spouse of a married couple files bankruptcy, a later property settlement might have unintended results. Let's see why....more

Domestic Violence – Child Custody (Legal Decision-Making)

As an attorney practicing both criminal defense and family law, I often handle cases in which one parent accuses the other of domestic violence. If my client has been accused, the question is always the same: can I lose...more

New ICWA Regulations Issued

On June 8, 2016, the U.S. Department of the Interior issued new final regulations governing state court and agency child custody proceeds involving Indian children. The new regulations were formulated to ensure uniform...more

Can I Force My Spouse to Give Back the Ring? [Video]

In this video, attorney Jason Castle will answer the age old question of whether you can force a spouse to return the ring....more

Buy-Sell Agreements in a Divorce (Part 2)

My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more

Adoption rights in the United Arab Emirates

There are many good reasons couples choose to adopt, and the procedure can provide a wonderful solution for adoptive parents, biological parents and children alike. However, the law relating to adoption in the UAE is less...more

Talking to Children About Divorce

When divorcing with children, it is important to assure them that no matter what, they will be cared for and loved. Older children will know that divorce means mom and dad will be living apart, while younger children may...more

Appellate Court Explains Difference Between Divorce Settlement Agreement And All Other Contracts

In an April 2016 non-precedential Superior Court Appellate decision, Doyle v. Doyle, the court found that a husband and wife had entered into a valid divorce settlement agreement despite the wife’s argument that the agreement...more

Can a Judge Force You to Pay Your Child's Private School Tuition?

In North Carolina, a court considering a parent's child support obligation initially consults the North Carolina Child Support Guidelines (the "Guidelines"). The Guidelines contain an objective formula that sets child...more

Court Affirms Finding Of Informal Fiduciary Relationship Between Step-Mother and Step-Son Based On Decision To Not Resuscitate...

In Shearer v. Shearer, Corrine and John were married from 1990 until 2008. No. 12-14-00302-CV, 2016 Tex. App. LEXIS 5685 (Tex. App.—Tyler May 27, 2016, no pet. history). John became ill in 2009 and was admitted to a hospital...more

It’s STILL Not Too Late to Act!

Hi there, I usually take no position on pending legislation but the proposed changes to the alimony law will adversely affect thousands of pre-existing divorce agreements. If you can, please take the time to read this...more

Sole interest or best interest: Equity's traditional default loyalty principle is under attack

Some in academia have been advocating that trustees generally be held to a best-interest-of-beneficiary default standard rather than the traditional and more rigorous sole-interest-of-beneficiary default standard. See Loring...more

Appellate Court Notes

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

SC Public Policy Update - May 2016 #4

What's New - SENATE - The Senate had a busy week working through the Senate calendar and addressing bills returned from the House. The Senate concurred with the House amendments on S. 1035, the “South Carolina...more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

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