Family Law, Civil Remedies

What Exactly is a Restraining Order in Michigan?

by Boyer, Dawson & St. Pierre on 5/1/2013

In Michigan, a restraining order is known as a personal protection order (PPO). Issued by the court, a PPO can protect you from harassment, assault, beating, molesting, wounding or stalking. A PPO can provide you important...more

Judge Rules for Same-Sex Marriage Partner Who Was Denied Immigration Benefits

by Ronald Shapiro on 4/23/2013

On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more

Employers: Deadline To File Protective Payroll Tax Refund Claim Nears

by Rena Pirsos | XpertHR - Partnered with LexisNexis on 4/18/2013

Employers that paid federal income tax (FIT) and Social Security and Medicare (FICA) taxes on the value of health care benefits provided to employees' same-sex partners for tax years 2009 and after should consider whether...more

Married Same-Sex Couples Should File Protective Claims For Tax Refunds Now

by William Rohrer | Carlton Fields on 4/10/2013

When the Supreme Court ultimately decides United States v. Windsor, it could strike down the portion of the Defense of Marriage Act (DOMA) that prohibits married same-sex couples from receiving the federal benefits provided...more

Choosing the Right Asset Search Company

by Edward Amaral on 4/10/2013

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

First Things First: Initial Orders In Divorce

by Bryan L. Salamone and Associates P.C. on 3/25/2013

Regardless of which spouse does the actual filing, initiating a divorce action in New York subjects both spouses to an automatic order – sometimes referred to as an ATRO, or Automatic Temporary Restraining Order....more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

by Sedgwick LLP on 3/25/2013

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Out of Harm’s Way: Domestic Violence and Divorce

by Boyer, Dawson & St. Pierre on 3/22/2013

Divorce can be an extremely emotional experience, fraught with sadness, anger and even a sense of helplessness. These feelings are exacerbated for someone who has been the victim of domestic violence. If you are the victim...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

by Kirk Jenkins | Sedgwick LLP on 3/19/2013

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Churchill Wisdom; On Advice

by Matthew Thompson on 3/18/2013

Listen to your Attorney. Listen to those professionals that you hire to tell you what to do!...more

New Year….New Laws: A Preview of 2013 Family Law Statutes

by Law Offices of Marlo Van Oorschot, APLC on 1/7/2013

Each new year brings us new laws, and this year is no different. Some years there are more significant law changes than in others, but regardless of the significance or insignificance, each and every person is responsible...more

Temporary Maintenance During Your Divorce

by Bryan L. Salamone and Associates P.C. on 1/3/2013

While you are going through a divorce in New York, temporary maintenance may be awarded to ensure that a lower earning spouse has an adequate standard of living during the time it takes to finalize the dissolution of the...more

The Eleventh Circuit Discusses When The Government Can Take Your Wife's Stuff To Make Resitution For A Crime You Committed

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 12/20/2012

When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution....more

Disgorgement of an Advance Payment Retainer as Interim Fees in a Divorce Case?

by Kirk Jenkins | Sedgwick LLP on 12/10/2012

In the closing days of the Illinois Supreme Court's November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of Earlywine. Although Earlywine...more

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

by George Bourguignon on 12/8/2012

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

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

by Law Offices of Marlo Van Oorschot, APLC on 11/27/2012

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

Identity Theft; What to do when a Victim.

by Matthew Thompson on 11/21/2012

Practical steps to take if a victim of identity theft....more

A New Term in the U.S. Supreme Court: Cases to Watch

by Orrick - Global Employment Law Group on 10/16/2012

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 is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.

by Charles E. Rounds, Jr. on 9/1/2012

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

Legal Byte: Can non-signatories be bound by an arbitration clause?

by Alan Goldberg on 8/27/2012

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 you don’t raise an argument in the trial court, are you barred from raising it on appeal?

by Alan Goldberg on 7/23/2012

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

Modifying and Enforcing Court Orders after Divorce

by Bryan L. Salamone and Associates P.C. on 7/13/2012

A divorce decree ends a marriage. However, after divorce the parties may have a number of ongoing obligations under the terms of the decree. When a party fails to honor obligations of a divorce decree, there are ways to seek...more

Does a trust beneficiary incur any personal liability?

by Charles E. Rounds, Jr. on 7/1/2012

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

Who Gets the Pet in a Divorce?

by Kaiser Legal Group on 6/18/2012

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. http://cleblog.nbi-sems.com/2012/02/who-gets-the-pet-in-a-divorce/...more

Spousal Rapists May Soon Not Be Able to Collect Support

by Law Offices of Marlo Van Oorschot, APLC on 6/18/2012

I am sure you are shocked by this statement. Not because you are shocked on behalf of the rapist, but rather you are shocked that a rapist can collect support against his or her spouse. Well, that is the current state of...more

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Family Law › Civil Remedies