Family Law Conflict of Laws

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Federal Ruling Keeps Ohio’s Ban on Same-Sex Marriage In Play For Now

State and federal courts have ping-ponged the issue of state same-sex marriage bans in recent months. As an Ohio appeals attorney can explain, Ohio’s ban on same-sex marriage will stay in effect at least for the time being....more

End Game in the Fight Over Same Sex Marriage? [Video]

Mar. 1, 2014 -- New York Law School Professor Arthur Leonard talks about how the current round of litigation could be the beginning of the end of the legal battle to allow same sex couples to get married. Leonard also...more

Supreme Court strikes down Defense of Marriage Act: What are the changes for employers?

On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more

Legal Alert: DOL Agrees with Treasury on Same-Sex Spouse Recognition

On September 18, 2013, the U.S. Department of Labor (DOL) announced in Technical Release 2013-04 that, following the U.S. Supreme Court’s decision in United States v. Windsor, the terms “spouse” and “marriage” used in Title I...more

U.S. Department of Labor Extends FMLA Benefits to Same-Sex Spouses in States That Recognize Same-Sex Marriage

As reported in the Wall Street Journal (“U.S. Extends Family Leave to Same-Sex Couples,” August 9, 2013, by Melanie Trottman and Kris Maher) and Employment Law 360 (“Labor Dept. Extends FMLA Coverage To Same-Sex Spouses,”...more

The trust decanting statutes: Nuisances that should be repealed.

Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to...more

Supreme Court Holds Federal Law Preempts State Law Allowing Litigation Over Proceeds of Federal Life Insurance Policy

Recently, in Hillman v. Maretta, the Supreme Court of the United States affirmed a Virginia Supreme Court ruling that held that federal law preempts a state law that allowed a deceased federal employee’s spouse to sue a...more

State Law Will Not Help Out In All Divorce Situations

Many states, including Florida, automatically terminate former spouses as beneficiaries under life insurance policies, annuities, and other beneficiary-designated accounts upon divorce....more

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more

What Gay Couples Can Expect If DOMA Falls

The U.S. Supreme Court is expected to rule on a challenge to the federal Defense of Marriage Act (“DOMA”) before its summer recess, and legal experts are already in disarray over what the ruling could mean for same-sex...more

U.S. Supreme Court Hears DOMA Case—Now What?

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

The Conundrum Facing Same-sex Couples and Whether Help is on the Way

In 1975, Paul Simon crooned, “[t]here must be fifty ways to leave your lover.” But in 2013, some married same-sex couples are having trouble finding any way to leave their partners. A recent New York Magazine cover story...more

Forced Organ Extraction Loophole: Children

New York Times Best Selling author Jodi Picoult’s most popular novel, My Sister’s Keeper, tells the story of a child who was conceived in order to harvest her blood and tissue for her older sister who suffers from leukemia....more

Same Sex Marriage and DOMA - Immigration and Divorce Issues

This article reviews the Defense of Marriage Act (DOMA) and how state law legalizing same sex marriage conflicts with the federal law. It examines two areas specifically: immigration and divorce. This is becoming a legal...more

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Mediación Pcia Santa Fe (AR)

Esta es la nueva ley de mediación para la provincia de Santa Fe (Argentina),, sancionada el 13/12/2010, que aún debe ser reglamentada....more

Changes in Czech parental and other family contributions or benefits for Czech citizens abroad.

The Czech employment agencies were long ago warned by the European Commission and other Member States that they interpreted the term "residence" to broad. This would lead to abuse of the whole social system. (Czech nationals...more

Uitleg wijziging in Tsjechische ouderschaps en andere familie uitkeringen of bijdragen

De Tsjechische arbeidsbureaus werden al een tijdje geleden gewaarschuwd door de Europese Commissie en door de andere lidstaten dat ze de term “woonplaats” te breed interpreteren. Dit zou tot misbruik van het gehele sociale...more

Escrito sobre los Divorcios en Republica Dominicana

El divorcio es un procedimiento jurídico invocado a fin de separar el vínculo matrimonial de dos conyugues. Esta figura jurídica puede ser solicitada por los esposos de común acuerdo o por uno de ellos, por medio de...more

Foreign Court Order Ruled Unenforceable: Court Nullifies Award of Attorneys Fees

In the litigation captioned In Re the Marriage of Natalija and Nikolai Solomon Lyustiger, 2009 DJDAR 14245 (2009) the Third District Court of Appeal decided an action based on the Uniform Foreign Money-Judgments Recognition...more

An Analysis of and Alternative to the Radical Feminist Position on Marriage

Radical Feminists advocate for the complete abolition of the institution of marriage, citing to historical oppression of women and the patriarchal nature of the institution. In this article, the author analyzes the accuracy...more

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