Family Law Updates

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New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve...more

OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

International Estate Planning Decisions: Create a QDOT or Get Citizenship?

If you are married to a non-U.S. Citizen, estate planning in California is going to be more complex for you than it is for other couples, especially if you have a significant amount of property and assets. However, you do...more

Should I have a Prenuptial Agreement?

A prenuptial agreement is not the death knell of romance! It is a misconception that if you are not a celebrity and do not have millions of dollars, you do not need a prenuptial agreement. Couples from all tax brackets...more

Sexual Materials and Divorce

The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the...more

One Big Issue That Can Endanger Your Child’s Special Needs Trust

One of the major reasons to create and fund a special needs trust for your disabled child is so that your child can still receive means-tested government benefits, including Supplemental Security Income (SSI), Medicaid, and...more

Will an Alimony Award Terminate if the Recipient Cohabitates?

On September 22, 2014, the New Jersey Supreme Court declared to hear the case of Quinn v. Quinn. In the case, the couple was married for twenty-three years until they divorced in 2006. The Husband agreed to pay the Wife...more

Special Needs Trusts: Writing a Letter of Intent

A special needs trust is vital if you are the parent or caretaker of a child (or adult child) with mental or physical disabilities. A trust can make certain that your child is cared for properly, that they have enough...more

Domestic Violence and Divorce

Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence (“DV”) is bigger than most American’s...more

Protective Orders in Virginia

As I am writing this article, it is the day after the first week of NFL football games. The sole topic on the cover of sports websites, discussed on sports radio shows and covered on ESPN and other sports channels is the...more

I have texts and Facebook posts that prove my spouse is cheating. Does this get admitted in my divorce case?

In a previous blog we posted about a spouses cheating and whether it’s a crime to spy on them. Following up with that post: On many occasions clients have wanted to know if the texts they have or the emails or Facebook...more

How to Avoid Estate Taxes if You Have a Non-Citizen Spouse

In our last blog post, we discussed estate taxes, federal gift taxes, and how non-citizen spouses are treated differently in the eyes of the law. Unfortunately, while husbands and wives can leave an unlimited amount of money...more

The Marital Deduction: A Valuable Estate Planning Tool

The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction rule is that, upon the death of the first spouse, the value of any...more

“OPT OUT” – DIVORCE WITHOUT COURT - Arbitration As An Alternative To The Traditional Court System

It is now common for divorcing spouses to seek means of resolving issues in their family law proceeding outside the traditional court system. As in many jurisdictions, the overwhelming numbers of cases and limited judicial...more

So, You Want to Litigate….

Litigating is intellectually stimulating for many lawyers; it is competition at its best. We love to strategize a case; prepare witnesses; present novel arguments to the court; and we love the cross examination of witnesses....more

Supreme Court Passively Clears the Way for Same-Sex Marriage

On October 6, 2014, the Supreme Court of the United States declined to review all seven same-sex marriage cases with petitions for certiorari pending before it. The Court’s refusal to hear the appeals means that the lower...more

More Than Surviving A Divorce With Children: The Benefits of Co-Parent Counseling

Co-parent counseling: counseling focused on assisting parents in the process of sharing responsibility for raising children in an environment that promotes healing, cooperation and growth. As a family law attorney, I...more

The Unlimited Marital Deduction & Non-Citizen Spouses

Especially if you have significant wealth, planning carefully for your future and the future of your loved ones is vital. Although many people are familiar with the basics of estate planning, from drawing up a will to naming...more

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued today by a panel of judges from the U.S. Court of Appeals for the Seventh...more

New Jersey Enacts Changes To Alimony Laws

Parties in New Jersey who pay are about to pay alimony, or already pay alimony, should understand some recent changes to the statute that may impact their obligations. Some of the most critical changes are detailed below....more

I think my spouse is cheating. Is it a crime to spy on them?

Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on...more

Creditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale

Florida’s homestead exemption protects a married couple’s primary residence from forced sale to satisfy a judgment lien, but what happens when spouses retain two properties as their individual primary residences, claiming...more

Is a human corpse property that can be made the subject of a trust?

While a pet may be put into a trust, its human owner may not be. Nor under traditional principles of property and trust law may the corpse of a deceased human being be made the subject of a trust. Charles E. Rounds, Jr.,...more

Social Media and Prenuptial Agreements

Social media has become routine in our society and it is undeniable that social media usage has grown enormously over the last several years in family law. It is also true that prenuptial agreements are growing in utilization...more

NJ Supreme Court Rules Pre-2010 Oral Palimony Agreements Enforceable

The New Jersey Supreme Court declared yesterday in Maeker v. Ross that any oral promises to provide lifetime support that were made prior to 2010 are actionable. In 2010, the New Jersey Legislature amended the Statute of...more

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