How is litigation involving spouses handled in Arizona?
Is a trial my only option during a divorce?
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
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?
In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in...more
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
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
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
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
Many people know that a few months ago, my husband and I lost our thirteen year old Dachshund, Bagels. While Bagels had been ill, there were no signs that her condition was worsening, so we were shocked by her sudden death. ...more
Everybody is talking about the Ray Rice domestic violence act caught on tape. The incident is violent, painful to watch. It is unfortunate that we must bear witness to a violent event to raise the awareness about domestic...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
By filing a joint income tax return, spouses make themselves liable for all of the income tax due on their combined income. While filing a joint return can provide significant advantages, it also can create an unfair burden...more
We know how difficult it is to remain under the same roof with your spouse during a divorce. Generally, during an initial consultation, clients always ask us what is the quickest way to remove his/her spouse from the marital...more
On Monday, June 30, 2014, the NJ Senate Judiciary Committee passed legislation that would drastically change alimony awards in future divorce cases and is currently awaiting a signature by Governor Christie. The bill,...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 suit to modify the parent-child relationship, the Eleventh Court of Appeals has reversed a final order that significantly restricted a mother’s access to her children, thereby allowing the mother to pursue a new trial....more
In Marriage of Sharples, 2014 DJDAR 823 (2014), the California Court of Appeal for the Fourth Appellate District overturned the outright rejection of a request for fees by the trial court. The judge rejected the fee claim on...more
Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more
Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more
On Thursday, the Illinois Supreme Court handed down its decision in In re Marriage of Tiballi, answering a question of potential importance to domestic relations practitioners: are the fees of a court-appointed psychologist...more
In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more
In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more
The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A...more
One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more
Going through a divorce or a dispute in your personal life can be stressful, especially if you fear the safety of yourself and loved ones. Orders of protection are one way you can protect you and your family if you feel...more
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
The person designated in the terms of a trust as its settlor (creator) may not necessarily be its true settlor (creator). Appearances are often deceiving in the world of the trust. Charles E. Rounds, Jr. explains in §8.43 of...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
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