Family Law Updates

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Big Changes for New Jersey Alimony

New Jersey law governing alimony has changed after Governor Chris Christie signed a Bill A845 on September 10, 2014. The modifications to New Jersey alimony include that absent “exceptional circumstances” the term of alimony...more

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

Video Clip: Family Wants Access to Son’s Digital Data After Death

Minnesota’s KMSP-TV Fox 9 News ran a video story on September 9, 2014, by Ted Haller about a family wanting access to their deceased nineteen-year-old son’s digital data. They have been seeking access to his text messages,...more

Supreme Court Takes Up Federal Right to Same-Sex Marriage

From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. On August 20, 2014, the Supreme...more

How do I get a “legal separation” in Pennsylvania?

You don’t! Unlike several other states, Pennsylvania does not require separating parties to go to court and request that a judge issue a formal decree separating the parties. Rather, separating parties in Pennsylvania may...more

The N.F.L. Realizes That Domestic Violence Is Not A Game

Yesterday, the N.F.L. terminated Baltimore Ravens running back, Ray Rice . This is after video emerged of Rice punching his fiancee (now wife) and knocking her unconscious in an elevator in Atlantic City....more

When the Wealthy Divorce: Confidentiality

Certainly not every high profile celebrity-type divorce is handled in a confidential manner, as evidenced by the public divorce of Frank and Jamie McCourt. However, by and large, high profile divorces are handled quickly and...more

New Massachusetts Law Entitles Employees to Domestic Violence Leave

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence. Notably, the Act became effective immediately upon the Governor signing it into...more

"Opt Out" - It might be to your benefit to “opt out” of the Family Law Court system in Arizona

People seeking to be divorced or to resolve other problems in the Family Law Division of the Maricopa County Superior Court in the State of Arizona can find themselves trapped in a system that is not well suited to meet their...more

What Happens If You Default in Your Divorce Proceedings?

In an interesting case, Clementi v. Clementi, Wife petitioned the court for sole ownership of the mortgage free marital home, estimated at $200,000, when her Husband failed to respond to her divorce complaint which resulted...more

If I Was Married Out-Of-State Before Whitewood Legalized Same-Sex Marriage In Pennsylvania, When Is My Official “Date Of Change”...

It may be the case that, before your spouse can qualify under your employee benefit plan, your employer requires you to notify it of a change in marital status within a certain number of days after the marriage. It is always...more

A Family Law Attorney Wonders – A Beta Marriage…What is going on? #FamilyLawAttorney

Family Law is evolving . Millenials are the driving force. (Millenials are those reaching adulthood around the year 1980-2000). The actual definition of marriage is at the forefront. It is called the Beta marriage. So what is...more

September 2014 Estate Planning Update: When to Review and Update Your Estate Plan

Have you recently married or gotten divorced? A change in marital status definitely warrants another look at your estate plan. If a person gets married and fails to update their estate plan, it can result in the new spouse...more

Pro Se Litigants Afforded Same Rights as Those Represented by Counsel

And why shouldn’t they? The New Jersey Appellate Court determined that pros se litigants are entitled to the same rights and relief as those who are represented by counsel in Ridge at Back Brook, LLC v. Klenert. This decision...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

How Has The Legalization Of Same-Sex Marriage In Pennsylvania Altered The Adoption Process For Same-Sex Couples?

“Any individual may become an adopting parent.” This statement, cited from Pennsylvania’s Adoption Act now rings true for same-sex married individuals seeking to adopt their spouse’s children through what is called a...more

Same-Sex Spouses and 401(k) and Pension Plans - Does Your Plan Need to be Amended by December 31, 2014?

Same-Sex Spouses are Spouses for Qualified Plan Purposes - On July 26, 2013, in United States v. Windsor, the United States Supreme Court held that the prohibition against recognizing a same-sex spouse as a spouse for...more

Opting To Learn About Stock Options In A Divorce

Many businesses choose to reward their employees with stock options in lieu of other forms of compensation. Frequently, these options are not vested when awarded, but rather vest over time....more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Henderson v. Henderson: Motion for Extension of Time to Perfect Appeal Dismissed Due to Appeal Being Brought in Wrong Court

On a motion for an extension of time to perfect an appeal in the Ontario Court of Appeal, a judge is without jurisdiction to conclusively determine that the appeal was brought in the wrong Court due to being interlocutory....more

Divorce, property settlements, and bankruptcy. Oh my!

There's nothing simple about divorce and bankruptcy. We'll peel off one leaf of that very large subject and see what can happen if someone files bankruptcy after a divorce with a property settlement....more

To Have and to Hold: Modern Family Formation and Application of Constitutional Principles

Recall the year 1868 and §1 of the Fourteenth Amendment of the United States Constitution: “All persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and...more

New Jersey Naming Law: Can I Name My Child Anything I Want?

The choice of what to name your child is often a process that parents take great care in selecting—conducting countless Internet searches, pouring over “baby name” books, and researching family histories to find the perfect...more

Can Grandma and Grandpa Get Custody In Pennsylvania?

We constantly receive calls from grandparents inquiring about their custody rights. In some instances, the grandparent has been the child’s primary caretaker from birth....more

Divorce from Bed and Board Prolongs Name Change Process

In Leggio v. Leggio, a New Jersey court determined that in a judgment of divorce from bed and board, a person seeking a name change must submit their application under the requirements of the general name change statute...more

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