What are the advantages of mediation?
How much will I receive in spousal maintenance?
Do same sex couples have the same legal rights as other couples?
What are the steps of an appeal?
What is Opting Out?
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?
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Reports:
23 February 2015 - Same-sex adoption a step closer with review of laws -
Same-sex adoption in Victoria is a step closer,...more
The law review article "The Massachusetts Uniform Trust Code: Context, Content and Critique," 96 Mass. L. Rev. 27 (2014), co-authored by Courtney J. Maloney and Charles E. Rounds, Jr., contains a detailed discussion of the...more
Last week, the Supreme Court of Texas issued opinions in three cases and denied a petition for review with opinion. The Court also granted seven petitions for review and set two mandamus petitions for argument. ...more
Under the common law of some states, if an individual names his or her spouse as the beneficiary on a life insurance policy, gets divorced, and then dies without changing the beneficiary designation, the mere fact of a...more
In separate actions yesterday, CMS and the New York State insurance regulatory authority took steps to (a) assure equal treatment of same-sex spouses by hospitals and (b) insurance coverage of medically necessary transgender...more
On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?
1. The definition of spouse in employee manuals and...more
Arizona law prohibits either spouse in a divorce proceeding from removing the other spouse from health insurance plans. This allows continuity of coverage during the proceeding, but once the divorce is finalized, it is...more
In an echo of the famed singer’s long-ago hit, Frankie Valli’s former wife may be crying, as she lost her bid to deny Frankie his community property interest in a life insurance policy. Imagine, paying the premiums on a...more
On April 3, 2014, the California Supreme Court heard oral arguments in the matter In re Marriage of Valli, S193990. The major legal question presented to the Court is whether a life insurance policy purchased with community...more
Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust...more
On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more
When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without many resources. While Medicaid has rules to prevent community spouses from impoverishment, the protections...more
The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%. This is up from September's 2.0% rate. The applicable federal rate ("AFR") for use with a sale to a defective...more
Health & Welfare Plans -
Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement.
The Treasury, the Department of Labor and the Department of Health and Human...more
In the wake of the U.S. Supreme Court’s decision in U.S. v. Windsor and supplemental guidance in Revenue Ruling 2013-17, the Internal Revenue Service has issued Notice 2013-61, providing optional special administrative...more
A few weeks after the Internal Revenue Service (IRS) stated that it will apply a “place of celebration” rule in recognizing same-sex spouses for purposes of the Internal Revenue Code (including with respect to employee...more
Editor's Overview -
Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on...more
With this summer’s Supreme Court rulings on DOMA, the Defense of Marriage Act, and Prop. 8 allowing same-sex marriages to be recognized in states that allow them, private sector and public agency employers in California...more
Defense of Marriage Act -
IRS Issues Guidance Recognizing Same-Sex Marriage for Federal Tax Purposes:
In the wake of the U.S. Supreme Court’s decision in U.S. v. Windsor, which struck down the Defense of Marriage...more
There is only one week left of Congress’ summer recess. While the members have been in their home districts, the agencies in Washington have been finalizing Affordable Care Act (ACA) regulations on everything from the...more
During marriage, a very typical scenario is for spouses to name each other as the beneficiary to each person’s individual life insurance policy. Once a divorce is commenced, a beneficiary designation cannot be changed until...more
The US Supreme Court has ruled that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for federal law purposes to mean opposite-sex marriage, is unconstitutional (United States v. Windsor, 2013 WL...more
The Spring/Summer edition of Damon Key's Legal Alert, with articles on the Hawaii Supreme Court's latest construction law decision, Estate Planning, the duty to defend claims arising from faulty workmanship, and the...more
In This Issue:
Leading the News; Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups...more
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
Find a Family Law Author »
Back to Top