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Appeals Divorce

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

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While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

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The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Fox Rothschild LLP

Amending a Complaint or Counterclaim for Divorce Remains Freely and Liberally Permitted

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A recently published decision of Saseeshkumar v. Venugopal confirms that a request to amend a Complaint and/or Counterclaim for Divorce can and should be freely permitted in the interests of justice. While the facts here are...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Lasher Holzapfel Sperry & Ebberson PLLC

Challenging Prenuptial Agreements in Washington State, at Trial and on Appeal

Most people are aware of the statistic that roughly 50% of marriages end in divorce; but did you know that only 5 – 10% of couples opt for a prenuptial agreement prior to marriage? So, what does a prenuptial agreement...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of...

Brief Summary - Plaintiff, Nancy Malek (plaintiff), filed a complaint against her now ex-husband’s counsel, Chuhak & Tecson, P.C. (defendant or C&T), alleging that the defendant aided and abetted a fraudulent transfer of...more

Weber Gallagher Simpson Stapleton Fires &...

FILE AN APPEAL!

Just about any time a client receives a decision they find anything short of a 100% victory, that client say to me: “File an appeal!” What clients need to understand, however, is that it is easier said than it is to actually...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Lasher Holzapfel Sperry & Ebberson PLLC

In Washington, What are your Chances of Successfully Appealing your Family Law Case?

Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Can I Appeal a Ruling on a Family Law Case in Washington?

If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her...more

Conyers

Private Client Bulletin - Summer 2021

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Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

Fox Rothschild LLP

The Evidence Of Cash Is Coming A Little Too “Laight”

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This decision issued on a non-precedential basis on April 13, 2021, represents every divorce litigator’s nightmare. Unfortunately, the decision on appeal to remand the case offers the litigants a chance to relive what...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Dorsey & Whitney LLP

Divorce, Trademark Infringement, and Naked Licensing - Eighth Circuit Grapples With Lawn Care Quality Control

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When family feuds become federal trademark cases, this blog takes notice. In this edition, the U.S. Court of Appeals for the Eighth Circuit wades into a dispute between divorced lawn care proprietors....more

Stange Law Firm, PC

Does it make sense to appeal?

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Some divorce and family law matters do not settle. Instead, the case is tried in the family court. Putting the case in the hands of a family court judge can be a risky proposition. Most parties would prefer to settle...more

Downey Brand LLP

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

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It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a parent and instead pass from...more

Burns & Levinson LLP

Twelve Months in Mass. – Establishing Residency Before Filing for Divorce

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“Massachusetts Welcomes You” is a sign that greets you as you make your way into the Bay State, regardless of whether you are just passing through or sticking around for a while. In addition to Massachusetts being a tourist...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

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Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more

Winstead PC

Court Affirms Finding Of Undue Influence Regarding Execution Of Will

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In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). ...more

Downey Brand LLP

Don’t Let Time Run Out on Updating Your Life Insurance Beneficiaries

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Your ex-spouse may take under your life insurance policy if you do not change your beneficiaries and there’s nothing a California probate court can do about it.  So ruled the Court of Appeal last month in Estate of Post...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

Fox Rothschild LLP

Settling Your Case Comes With Great Power And Great Responsibility

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Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as...more

Burns & Levinson LLP

How Much Alimony Does a Spouse Need?

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The alimony statute in Massachusetts provides that the amount of general alimony shall generally not exceed the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes. It has long been the...more

Jaburg Wilk

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

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On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

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