Who pays attorney fees in a divorce proceeding?
Should I Get a Job While Going Through My Divorce? Can I Quit My Job?
If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can my ex-spouse see our children if he/she does not pay the court ordered child support?
End Game in the Fight Over Same Sex Marriage?
What is Mediation?
Can I collect my judgment if the other side is appealing?
What do we do with the children once the divorce action is filed?
Can I complete my divorce without a trial?
Can I appeal a dissolution?
What is a Resolution Management Conference?
What is an appeal and how do I know if I should appeal?
What is a petition for dissolution of marriage and what does it mean to serve the petition?
How long will it take for my divorce to be final and how much will it cost?
What is spousal maintenance and how is it determined in Arizona?
Protecting Separate Property in Arizona: Basic Principles
How Can I Make the Most Out of the First Meeting?
Can I appeal my divorce case?
Civilized Divorce through Mediation
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes
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
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
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
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
SC18942, SC18993, SC18994 - Perry v. Perry -
Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more
The Illinois Appellate Court’s recent opinion in In re Marriage of Micheli, 2014 IL App (2d) 121245 (filed July 31, 2014), illustrates the necessity of retaining appellate specialists to handle all post-trial and appellate...more
In a published decision, Ocean County Superior Court Judge Lawrence Jones declared that a spouse involved in a divorce action must personally participate in the proceeding where the spouse is found to be mentally...more
D.G. v. A.F., released by Justice Lauwers of the Ontario Court of Appeal on May 28, 2014, considered the test to apply when a litigant in the Court of Appeal seeks an extension of time to appeal a motion judge’s refusal to...more
Estate planning can be a very stressful time for all married couples, especially when children and other relatives need to be considered. However, under normal circumstances, one need not be overly concerned with the...more
Although this blog is usually devoted to new and interesting developments in the insurance coverage world, Gilbert LLP prides itself on its avid participation in providing pro bono legal services, including the area of family...more
Seems that someone’s always thinking of you, especially if you’re Smokey Robinson and you’re about to reclaim ownership of popular songs you wrote back in the day, like “I Second that Emotion,” “The Tears of a Clown,” “The...more
The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more
The U.S. Department of Labor (DOL) is seeking to extend coverage of the federal Family and Medical Leave Act (FMLA) to same-sex couples following a Supreme Court ruling that federal benefits cannot be limited based on a...more
On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages...more
As a result of two Federal trial court decisions issued May 19, 2014 and May 20, 2014, Oregon and Pennsylvania became the 18th and 19th states where gay and lesbian couples can legally marry. In these decisions, U.S....more
The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more
The United States Department of Labor (“DOL”) has proposed a rule to revise the definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”) to afford same-sex married couples the same rights as heterosexual...more
As a general rule, any beneficiary of a trust would have standing to seek its enforcement in the courts. The Restatement (Third) of Trusts is sending mixed signals as to whether the settlor of a trust, qua settlor, would have...more
In a follow up story to one of our earlier blogs, New Jersey’s Collaborative Law Act passed the Senate unanimously on June 26, 2014. New Jersey will be the eighth state to have enacted collaborative divorce legislation once...more
On June 30, 2014, same-sex domestic partnerships registered with the Washington Secretary of State will automatically convert to lawful marriages, unless one of the partners is age 62 or older, or the domestic partners have...more
Patent Trolling -
The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more
As was expected, the U.S. Department of Labor has issued a proposed regulation changing the definition of “spouse” for FMLA purposes in order to protect the FMLA rights of employees with same-sex spouses.
Last June, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional in United States v. Windsor, 570 U.S. 12 (2013). The Supremes ruled that section 3 of DOMA...more
Last Friday, the Department of Labor announced a series of changes to federal regulations intended to expand federal benefits to same-sex spouses. Among the changes are proposed revisions to the definition of “spouse” under...more
In an echo of the famed singer’s long-ago hit, Frankie Valli’s former wife may be crying, as she lost her bid to deny Frankie his community property interest in a life insurance policy. Imagine, paying the premiums on a...more
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