Family Law › Civil Procedure

Child Custody and Removal in Massachusetts

It is not uncommon after (or even during) a divorce, a parent seeks to move outside of Massachusetts with the couple’s children. Not only does this impact the custody arrangement between parents, but it can impact the...more

Grounds for Filing a Divorce in Massachusetts

In Massachusetts there are several grounds upon which a spouse may file for divorce. There are two categories of grounds for divorce: 1) no-fault based grounds; and 2) fault-based grounds. Read on to learn more. ...more

A Marital Disqualification

I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary...more

SB 1127 - New Changes in Arizona Family Law Statutes ~ Custody is now Legal Decision-Making

As an Arizona Divorce-Family law attorney I would like to make you aware of some changes to the rules of family court. As of January 1, 2013, Arizona's laws regarding family law cases were modified under Senate Bill 1127....more

Carrigan Case: Supreme Court of Canada Dismisses Leave to Appeal

This morning, the Supreme Court of Canada dismissed the application for leave to appeal in Carrigan v. Carrigan Estate. As a result, the Ontario Court of Appeal’s new interpretation of the priority scheme for the payment of...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Divorce and the Entrepreneur: Part 2

Massachusetts is an equitable division state. This means that all property, whenever and however acquired, may be subject to division as well as utilized for support in a divorce case. If you are an owner or a shareholder in...more

Be Smart with Your Phone

Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more

Financial Affidavits In A New York Divorce

One of the many trying aspects of getting a divorce involves revelation of all the finances of both spouses. A financial affidavit is a formal document that lists what you owe, what you earn at your job and from other sources...more

10 Annoying Attorney Traits

10 bad habits of attorneys...more

What To Watch At The Supreme Court In 2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more

Some Requirements For Obtaining A Divorce In New York

One of the reasons people stay together long after they should is fear of the divorce process. Do not let your fear of the unknown legalities of divorce prevent you from moving forward with your life in a more positive...more

Illinois Supreme Court Will Hear Five Civil Cases During January Term

The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases. ...more

MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013

In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more

Can Audio Recordings Be Introduced Into Evidence During A Custody Proceeding?

In New York State, audio recording conversations cannot be admitted into evidence without the consent of at least one of the conversation’s participants. This is the rule in Civil, Criminal, and Family Court proceedings. If...more

Marital Property Valued as of Date of Divorce, Not Date of Property Resolution, Holds Divided Illinois Supreme Court

Under Illinois law, courts may under certain circumstances enter a judgment of dissolution in a divorce case and wait until later, as part of a bifurcated proceeding, to enter a property distribution judgment. The problem...more

Illinois Supreme Court Declines to Decide Absolute Immunity Issue in Cooney

Cooney v. Rossiter presented two questions: (1) was the plaintiffs' individual action barred by the dismissal of an earlier putative class action; and (2) is a court-appointed psychological evaluator in a child custody...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Legal Byte: Objecting to your own discovery responses?

Legal Byte: Objecting to your own discovery responses? Can a person, after he/she has provided responses to discovery under oath, object to his/her own responses as vague and ambiguous? ...more

Civility in the Practice of Law: PART THREE: CIVILITY BETWEEN LAWYERS AND JUDGES

The past two weeks I discussed the issues of civility between lawyers and civility between parties. If incivility exists between lawyers or between parties, this dynamic can be changed by a desire to do so; and either way,...more

Assertion of Common Interest Doctrine and Business Strategy Privilege Rejected

The Delaware Court of Chancery recently rejected a party’s argument that the “common interest doctrine” and the “business strategy privilege” shielded documents from discovery....more

Appellate Division Review: Fine-Tuning the Law in Business, Family, Government

Originally published in The New York Law Journal, October 19, 2012. “I wear my reversals like badges of honor,” a trial judge once remarked when discussing his (largely positive) record on appeal. Based on our review of...more