Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
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
Same-Sex Marriage Cases in 90 Seconds
Tom Cruise's Divorce Lawyer: Money Motivates Quick Settlements
Allen Matkins Sponsors CASA Hispanic Advisory Council Art Workshop for Kids
This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act provides that a court can...more
In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the...more
You need a vacation, but, other counsel is being difficult. What is the law? ...more
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
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
Earlier this month, the U.S. Supreme Court began a new term that is anticipated to include decisions on hot-button issues such as affirmative action, same-sex marriage and national security. The Court will also hear several...more
The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more
In California a person who is not a party to a contract containing a mandatory arbitration clause may still be compelled to arbitrate whether that non-signatory is a plaintiff or a defendant. ...more
Legal Byte: If a trial lawyers does not raise all possible arguments on every issue in the trial court, are they barred on appeal as a matter of law? Maybe, maybe not. ...more
In Farag v. ArvinMeritor Inc., 2012 DJDAR 5206 (April 24, 20120), the California Court of Appeal for the Second Appellate District affirmed a post-judgment order denying plaintiffs’ motion to tax expert witness costs....more
Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings. This area has expanded in recent years, in particular...more
Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues. The Hague Convention on the Civil Aspects of International Child...more
Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more
In Marriage of Guilardi, 2011 DJDAR 16245 (2011), the California Court of Appeal for the Sixth Appellate District decided a fee petition related to so called pendente lite attorney fees. The fees were generated from the...more
Disclosure orders constitute a very important weapon for the tracking down and recovery of assets. As such, they are an important area in both the Commercial Court and the High Court, in the latter case because there seems to...more
A review of the general provisions of the SCRA and how they apply to child support cases....more
In Giorgianni v. Crowley, the California Court of Appeal for the Sixth District decided a novel question arising under the California Mandatory Fee Arbitration Act for attorney fees disputes.
An attorney, John Crowley...more
Recently I began offering online legal services in response to a need that I saw going unmet. Specifically, people who need legal help in going through the court process but either couldn't afford to pay an attorney or it...more
In Marriage of Davenport, 2011 DJDAR 6386 (2011), the California Court of Appeal for the First District rendered an important decision reiterating the policies established by the California Family Code relating to the alleged...more
In This Issue:
- July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts
- Malpractice claim against an estate was too uncertain to be deductible as...more
In Kevin Q. v. Lauren W., 2011 DJDAR 6909 (2011), the California Fourth District Court of Appeal affirmed the grant of an attorney fee award to a husband in a paternity case.
A husband was involved in a paternity suit with...more
Few things are as unsettling as having a knock on the door and then finding yourself being served with a lawsuit by a process server. However, if debts go unpaid long enough, eventually many creditors will sue. Bankruptcy...more
The Bill provides for amendments to provisions across the range of civil and regulatory law. The main provisions of the Bill include:— amendment of the Civil Legal Aid Act 1995 to allow the Legal Aid Board to give legal...more
Everyone thinks they know what hearsay is. But, few lawyers and judges truly understand the concept, and even fewer understand how it can be admitted as evidence.
Hearsay is an out of court statement offered for the...more
Children are often witness to a number of things that happen between adults. Sometimes they are the only witness. This document discussing the issues with children testifying in open court, and why it often helps them,...more