Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Why trustees need to know something about will residue clauses

The Anglo-American trust is an invention of the judiciary, specifically the English Court of Chancery. The will, a testamentary instrument, on the other hand, is a creature of statute. The testamentary trust is a product of...more

Florida Recognizes Same-Sex Marriages, At Least When the Time Comes for Divorce

A same-sex couple were married in Massachusetts in October 2012. They later moved to Florida, and one of the spouses filed a petition for dissolution of marriage in Florida, even though Florida does not recognize same-sex...more

Paying Child Support: Are Your New Hires Being Honest?

Knowing that his old high school friend Iman Dedbeet had just been taken to the cleaners by his ex-wife Goldilocks in a nasty divorce, Johnny Clueless decided to help Iman out by hiring him as his general sales manager at...more

The United States Supreme Court Hears Oral Arguments Today on Challenges to Same Sex Marriage Bans

Attorney Rebecca Palmer appeared on Fox News yesterday speaking about same sex marriage bans and The Supreme Court case being heard. The case Obergfell v. Hodges combines four challenges to same sex marriage bans from Ohio,...more

The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May...

Background - Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more

What Legal Rights Exist if a Parent Abducts a Child?

When issues arise between parents, there may be times when tempers flare and things are said or done that probably should not be said or done. Unfortunately, during such disputes, one party might decide to retaliate against...more

New Rules Bring New Requirements in the Fifth DCA

If you are a registered filer with e-DCA, you may have received this notice from the Fifth DCA last week. Because of changes to the Florida Rules of Appellate Procedure, attorneys are now required to notify the appellate...more

Bankruptcy Beat: A Post-Divorce Judgment Stipulation That Modifies Obligations to a Former Spouse Does Not Likewise Modify The...

On March 3, 2015, the Honorable Albert S. Dabrowski issued a decision in Swiatowiec v. Swiatowiec (In re Swiatowiec), Adv. Pro. No. 11-2074, concerning the issue of whether obligations to a former spouse incurred in the...more

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

A new Department of Labor rule defining “spouse” for purposes of the Family and Medical Leave Act (“FMLA”) was to take effect March 27, 2015, but on March 26, a federal judge in Texas granted a preliminary injunction staying...more

Appellate Court Notes

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

Parenting Time in Arizona - What Does it Mean? [Video]

These are some points the judges consider when decided Parenting Time. • Courts prefer 50/50 • Model parenting plan often not used • Factors: > Relationship of the child and parents > Children and...more

Paltrow Isn’t Divorcing, She’s “Conscious Uncoupling”

Hi there, My clever coworker, Abigail Munafo, pointed out to me today that I have a category entitled “Celebrity Trash,” and I haven’t posted to it in a while. So, it was extremely timely to read that Gwyneth Paltrow...more

Appellate Court Notes

- SC19245 - Nation-Bailey v. Bailey - SC19245 Concurrence - Nation-Bailey v. Bailey Holding that a separation agreement that requires the payment of unallocated alimony and child support ‘‘until the …. [w]ife’s...more

High Risk Investment Strategies Could Bring an End to Spousal Support

The receipt of spousal support and a share of the community property in a divorce does not relieve the spouse who is being financially supported from being accountable for his or her financial future. Just when one thinks...more

If I won my case, why do I need to worry about an appeal? [Video]

Phoenix business law firm Jaburg Wilk appellate attorney Kathi Sandweiss discusses why people need to be aware of an appeal, even if they won their case. For more information visit www.jaburgwilk.com. ...more

Divorce Papers Served by Facebook: Cold or Practical?

Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion...more

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

New York court permits plaintiff to serve divorce summons through Facebook message

The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s...more

Life After Death: No Longer Inconceivable

Recent legislation provides a framework for inheritance rights of children conceived after the death of one or both parents in very specific circumstances....more

Establishing Paternity in New Jersey: Why It’s Legally Significant

Many people believe that when a man’s name is indicated on a child’s birth certificate, that name is enough to establish paternity. However, that is not necessarily the case, particularly since the mother can list anyone she...more

Remarriage & Estate Planning: Common Errors (Part 2)

This week on our blog we have been discussing remarriage and estate planning – including the questions you should ask yourself about estate planning after a second marriage and which documents you need to review and update...more

Divorce Papers Served Via Facebook

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those...more

Illinois Supreme Court Agrees to Decide Property Dispute Between Former Same-Sex Domestic Partners

In Hewitt v. Hewitt in 1979, the Illinois Supreme Court decided that for public policy reasons, Illinois courts cannot decide property disputes between unmarried couples. In the closing days of the March term, the Court...more

Divorce By Social Media

This morning, I appeared on Fox29 in Philadelphia where I discussed and commented on a recent case out of Brooklyn, New York. In this matter, a divorcing party was granted permission to serve initial process by way of...more

What is a Parenting Coordinator and Why Do We Need One? [Video]

Phoenix business law firm Jaburg Wilk Family Law attorney Laurence B. Hirsch explains what a parenting coordinator is and why they are necessary. For more information visit www.jaburgwilk.com. ...more

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