Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
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Do I Need a Divorce Attorney | Divorce Lawyer Mesa

Do I Need to Hire a Divorce Attorney? A big question that most people have when contemplating divorce is whether they need to hire an attorney. While many people getting a divorce would prefer to keep costs down, it may...more

Pensions Alert: Benefits for unmarried cohabiting partners

Last week the Supreme Court issued a unanimous judgment in a case concerning a claim by the unmarried cohabiting partner of a member of a public service pension scheme that she should be entitled to receive a survivor's...more

New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent...more

FinCEN Issues Advisory on Jurisdictions with AML/CFT Deficiencies

The Financial Crimes Enforcement Network (“FinCEN”), an agency within the U.S. Treasury Department, has put forth an Advisory on the FATFIdentified Jurisdictions with AML/CFT (Anti-Money Laundering/Combating the Financing of...more

New Jersey’s “New” Termination of Child Support Statute

On February 1, 2017, New Jersey’s “new” Termination of Child Support Statute went into effect. The new statute, N.J.S.A. 2A:17-56.67, which was signed into law on January 19, 2016 by Governor Christie, has potential to...more

When the Wall of Secrecy Collapses

Foreign Accounts, Shell Companies, Blind Trusts, Asset Protection Trusts, Offshore Trusts, Global Citizenship and US Residency are just a few of the Terms highlighted in the mega divorce proceedings of a Palm Beach County...more

Recent Changes in Pet Custody

It is estimated that 70-80 million dogs and 74-96 million cats are owned in the United States. That equates to approximately 37-47% of all households in the United States own a dog, while approximately 30-37% of all...more

Tactics For Managing Marital Finances

During a dissolution of marriage, financial management is essential to avoiding court imposed sanctions. Parties to a dissolution are required to preserve assets until the court has determined respective interests. At times...more

Pets: Considered Property or People During a Divorce?

Hi there, If you know me, you know I’m a fervent pet lover. We have dogs, cats, horses, goats, and are related to someone with a bearded dragon. I know, viscerally, how pets can feel like family members. As a result,...more

Married, but Without Benefits: The Obergefell Saga Continues in Texas

Same-sex couples can legally marry, but are they legally entitled to benefits? The Supreme Court of Texas will decide this issue after hearing oral arguments in March of 2017 in Pidgeon v. Turner. ...more

Separate Property and Arizona Marital Community Equitable Lien Rights

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Joint Legal Decision Making Must Parental Addresses be Disclosed?

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more

Changes to Section 3301(D) of the Pennsylvania Divorce Code

For many, many years, the plaintiff to a unilateral, no-fault divorce proceeding, as set forth under Section 3301(d) of the Pennsylvania Divorce Code, had to wait no less than two years before he or she could request the...more

Children, Taxes, and Divorce

In many family law settlements, whether they are obtained voluntarily through an agreement or the result of litigation ending in a court order, certain provisions are made for minor children, including the support of the...more

Custody Battles

Hassan Elhais, Legal Consultant at Al Rowaad Advocates and Legal Consultants, Femina ME’s guest columnist continues with last month’s topic, that is, child abduction by a parent. Last month he spoke about the various...more

Are You Considering Remarrying in Your Senior Years?

Finding love later in life may be unexpected and exciting. The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding on next...more

Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in...more

Court Affirms Ruling That Adopted Adult Children Were Beneficiaries Of A Trust

In Andresakis v. Modisett, the trustors signed trust agreements in 1976 and 1981, and each agreement created three trusts, one for their daughter, one for their son, and a third trust for their only grandchild, Andresakis....more

The FINRA WORM Turns

It’s a new year, and time for the Financial Industry Regulatory Authority (FINRA)’s annual Regulatory and Examination Priorities Letter (the “2017 Letter”) We remind regulated entities of this list of examination...more

International Abduction

Briefly summarize the position in your jurisdiction. The UAE is not a signatory to the Hague Convention. Within UAE laws, there are no statutory provisions specifically dealing with child abduction. ...more

Estate Tax Impact of Life Insurance Required by Divorce

Please see chart below for more information....more

Can it be that in Nevada a trustee by statute may now decant an income-only trust into a trust whose trustee has current...

Even in the absence of statutory authority a trustee with equitable discretionary authority to make principal distributions to or for the benefit of the beneficiary has long had equitable authority to distribute some or all...more

Finance Capital Property

What powers does the court have to allocate financial resources and property on the breakdown of marriage? The court will not automatically consider the financial position of a separating couple unless an application is...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to prove paternity after the putative father’s death. However, DNA testing may be considered under Family Court Act § 519...more

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