Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

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

A New Type Of Divorce Party

Today I was interviewed on television about a new type of divorce party. This is not a situation where a newly single person celebrates their freedom from an unhappy marriage, rather, this new type of divorce party has the...more

House Held In Trust Lost Marital Asset Status

In the afterglow of a wedding, the spouses probably don’t immediately start thinking how the bliss they feel may end spectacularly and expensively. Chances are they may even start estate planning, thinking how they can...more

Family Law - Custodial/Parental Responsibility

Custody/ Parental Responsibility - Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage....more

This Holiday Season, Let Go of the Salad Spinner

Hi there, I was somewhat surprised a couple of weeks ago to be asked for an interview by the talented Globe writer, Cindy Atoji Keene. It was published on Sunday, and reading it made me realize just how important it is...more

T&E Litigation Newsletter - December 2016

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

Update Beneficiary Designations After Divorce or Annulment

On July 1, 2015, the Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under...more

SC Supreme Court Disciplines Lawyer for Failing to Notice Opponent with Trial Records Subpoena

Family court attorney sanctioned with nearly unprecedented public disciplinary order - In a nearly unprecedented public disciplinary order, the South Carolina Supreme Court, on November 15, 2016, sanctioned a family...more

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

Briefly summarize the non-court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration....more

Property Tax Assessor Presumed Too Much

Even though property acquired during marriage is presumed to be community property, for property tax change in ownership purposes the Los Angeles County Property Tax Assessor’s Office believes otherwise. Fortunately, the...more

4 Ways DIY Divorces Can Lead to Disaster

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on...more

Pennsylvania’s Revised No Fault Divorce Code is Now In Effect

The October 2016 revisions to the Pennsylvania Divorce Code regarding no fault divorce are now in effect. Prior to the Divorce Code revisions, a spouse was required to wait two years from the date of separation to request a...more

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