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
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
Last year, actors Tom Cruise and Katie Holmes divorced after a five-year marriage. The cause of the divorce reportedly centered on the religious upbringing of their daughter. Holmes was raised as a Roman Catholic and...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
How is a worker's lump-sum settlement for a disabling injury -- a payment meant to compensate for lost income for the remainder of the worker's expected working life -- treated for purposes of calculating the non-custodial...more
A seventeen year old girl who was brutally beaten by four individuals in an attempt to terminate her pregnancy has scored a legal victory for her unborn child....more
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
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
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
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
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
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