Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
News & Analysis as of

New state law will cut divorce wait time in half

The anxiety, acrimony and expense of a no-fault divorce may diminish after a new state law takes effect in December. Act 102, signed by Gov. Wolf earlier this month, rolls back the waiting period for a divorce from two...more

The Limits of What A Judge May Order to Stop Parents From Making False Allegations in Custody Battles

Sometimes the most contentious issue in a divorce is not how to divide the parties' cash or assets, but rather how custody will be decided....more

Validity of Pre and Post: Nuptial Agreements

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Special Conditions in the Marriage Contract

Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence...more

What We Can Learn From the Brangelina Divorce

I was asked to comment on television about the hottest news, the Brangelina divorce. If you haven’t heard, another celebrity couple, Brad Pitt and Angelina Jolie are divorcing after 2 years of marriage and twelve years of...more

Dividing the Assets: Different Types of Businesses

This is the latest in my series of articles examining how the marital interest of one spouse in the ownership of a business enterprise can be monetized in the division of assets in a divorce. Prior articles have largely...more

Adultery is a Serious Breach of UAE Criminal Law

There are some common misconceptions that expatriates have about UAE family laws. Hassan Elhais, a Legal Consultant in Dubai, Femina ME’s guest columnist, clears the misunderstandings. If the wife applies for a...more

Jurisdiction and Conflict of Law

1. Sources of Law - 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’....more

For Love or Money: Considering Prenuptial Agreements

The question of prenuptial agreements comes up often in multi-generational family- owned businesses. The question is typically raised by mom or dad, or maybe grandmother or grandfather, and goes something like: “We’re all...more

The Suspicious Husband, His Wife, and Cloud Computing: The Sixth Circuit Applies the Wiretap Statute To Monitoring Software

Hollywood has traditionally shown suspicious spouses relying on the same Victorian sleuthing techniques as Sherlock Holmes: a search for an errant strand of exotic hair, the stray lipstick mark or the lingering whiff of a...more

Court Holds That Trust No Longer Owned Vehicle Because It Allowed Beneficiary’s Wife To Drive It

In In the Interest of H.D.V., a husband appealed from a bench trial in a divorce proceeding. No. 05-15-00421-CV, 2016 Tex. App. LEXIS 9520 (Tex. App.—Dallas August 26, 2016, no pet. history). His mother had set up a trust for...more

How to Choose the Right Divorce Attorney for You

Hi there, People have very strong opinions on whether to hire a divorce attorney. One friend may tell you, “Oh I didn’t use an attorney, and it was fine.” Another may say, “My attorney was terrible, the ex got...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Is it Possible to Undo My Divorce?

You and your spouse signed the settlement agreement, the court entered your divorce, a few weeks or months have gone by, but now you regret some or all of the terms of your divorce. Maybe you think you could have gotten more...more

Spouses Need to Exercise Care in Transferring Property between Them When Subject to a Marital Agreement [Florida]

Many prenuptial and postnuptial agreements provide for a class of property known as Separate Property. Such Separate Property will often not be subject to claim by or transfer to the non-owning spouse upon death or divorce....more

Holding Assets in Trust for the Next Generation

Over the past few years, we have seen a dramatic increase in the number of clients interested in holding assets in trust for their children. This is a trend we are noticing across the board, regardless of the size of the...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

How Can I Get A Quickie Divorce?

This is a question that I am often asked—and for good reason. The divorce process can be emotionally and economically draining. Simply put, no one wants to litigate for longer than he/she needs to. Many people that I talk...more

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism....more

Review of Income Tax Deduction Rules for Charitable Gifts

People.com is reporting that Amber Heard, who received a $7 million settlement in her divorce from Johnny Depp this week, is donating the entire $7 million settlement to charities with “a particular focus to stop violence...more

Family Law - Jurisdiction

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Estate Planning During and After Divorce

At a minimum, we recommend that our clients review their existing estate planning documents every few years, and also when big life changes are happening. Going through a divorce is one of those times. ...more

New Jersey Employer’s Fear of Employee’s “Ugly Divorce” Forms Basis of Marital Status Bias Claim

In Smith v. Millville Rescue Squad, (A-19-14, June 21, 2016), the New Jersey Supreme Court broadly interpreted the prohibition against marital status discrimination in the Law Against Discrimination (LAD) to protect a person...more

What Can Your Spouse Reach In A Divorce?

In the recent decision, Pfannenstiehl v. Pfannenstiehl, the Massachusetts Judicial Supreme Court overruled the appeals court decision and concluded that assets held in a discretionary trust created by a third party, where the...more

T&E Litigation Newsletter- August 2016

On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among...more

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