Divorce

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

First SJC Clarification of the New Alimony Reform Act

With the coming of spring comes a fresh interpretation of some relatively new legislation that has been closely watched by attorneys around Massachusetts. Any new law will require interpretation by the courts, going up...more

College Expense as “Child Support” Gets the Green Light from the California Court of Appeal

I am always amazed and a bit impressed by parents who, after a financially devastating divorce, want to find a way to pay for their child’s college education. In California, state mandated child support ends (except for...more

Child Support: Will I Really Have to Pay for My Child’s College?

“Aren’t I done paying support once my kid turns 18?!” is common sentiment among many parents who are paying child support. A recent case that has been making waves in the news involves a New Jersey teenager who sued her...more

Putting A Ring On It (And Not Getting It Back)

State rules vary governing what happens to an engagement ring if the marriage fails to occur. There are even different rules from state to state determining whether the ring becomes marital property subject to division after...more

While My Divorce Case is Pending Should I Return to Work?

One of the most frustrating things about getting divorced for spouses who gave up their careers to raise children or put the career of their spouse ahead of their own career, is that they may be imputed at their prior income...more

What Happens to Permanent Resident Status after Divorce?

Divorce is an unfortunate reality for many couples. In fact, approximately 41 percent of first marriages and 60 percent of second marriages end in divorce. Divorce is a stressful and unsettling time for anyone, impacting a...more

Conscious Uncoupling Is Just A Fancy Term For Divorce

There is a popular children’s book series where the main character (who is very fancy) frequently speaks in sophisticated phrases and then informs the reader, usually in parenthesis, the common definition of the phrase. This...more

Child Custody – “I Don’t Want to Go!”

“I don’t want to go! I want to stay with you!” If you are divorced with children chances are you’ve heard these words. There are many cases where a child won’t go with the other parent whether it is for a weekend or a dinner...more

The Marriage Diet

Did you know that marriage can keep you thin? I call it the marriage diet. For if you have a lifestyle clause in your prenuptial or postnuptial agreement, you may have contracted to keep your weight at a certain level,...more

The Business of Divorce

Most people know that the divorce rate is quite high, with the fastest growing demographic for divorce being Baby Boomers. What many people may have not known is that last year, a report was issued by Babson and Baruch...more

What Are Requests For Admission And How Can They Help My Divorce Case?

Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish...more

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more

Update on the Mass. Bill Re: Divorce and Dating

Well, here’s the explanation for all the coverage, mine included, of that loony bill out of Wrentham, MA that would require permission from a judge for a divorcing spouse to have sex with a new partner in their home...more

Post-Divorce Judgment Legal Fees Generated By Custody Dispute Constitute a Non-Dischargeable Debt Pursuant to 11 U.S.C....

Section 523(a)(15) of the Bankruptcy Code provides that a discharge “does not discharge an individual debtor from any debt…to a spouse [or] former spouse, … in the course of a divorce…or…divorce decree or other order of a...more

Divorcing and Dating: New Mass. Bill Could Kill the Mood

Hi there, The Twitterverse, (one of my favorite time wasters) and the news media in Massachusetts were a buzz yesterday as word spread that a State Senator filed on behalf of one of his constituents a bill that would...more

Grey Marriage + Grey Divorce = Financial Elder Abuse?

The phenomenon of “grey divorce”- the term referring to the demographic trend of an increasing divorce rate for older (“grey haired”) couples – has been in the news since 2013, when Bowling Green State University in Ohio...more

Settlement Agreements: What if Your Former Spouse is Not Complying?

Going through the divorce process is extremely difficult. Remembering that “this too shall pass” is a mantra that clients often find helpful. Unfortunately, not all divorces end upon receiving the Final Judgment of Divorce....more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

The “Run-of-the-Mill” Divorce: The Myth and the Reality

Just like there is no “run-of-the-mill” marriage, there is no “run-of-the-mill” divorce; both simply do not exist. Every marriage faces its own unique ebbs and flows, and various complex issues, including, but not limited to,...more

College Costs for Divorcing and Divorced Spouses

As attorneys, we frequently get text messages and emails referring us to sensational stories related to our practice area. Last week was no exception, as our inboxes were flooded with links to various articles concerning the...more

Can my ex-spouse see our children if he/she does not pay the court ordered child support?  [Video]

Phoenix business law firm Jaburg Wilk's family law and criminal defense attorney Jason B. Castle talks about why a person has to allow their ex-husband or ex-wife to see the children even though they are not paying child...more

Everything You Always Wanted to Know about Getting Divorced in NJ but Were Afraid to Ask

How is alimony calculated in New Jersey? Interestingly, New Jersey doesn’t have what's commonly referred to as support calculation guidelines, meaning there's no set number that the court will use to generate an...more

Protect Yourself from Big Brother: Technology & Family Law Litigation

Divorce and child custody cases are often down-right nasty. One or both individuals to the litigation are often desperate to destroy the other, whether it be emotionally or financially, or to cause damage to the other...more

Distributions From A Texas Trust Deemed Separate Property

Conventional wisdom is that a spouse’s earnings from separate property are community property. But it’s not that simple. In Benavides v. Mathis a Texas court denied wife Leticia’s claim to one-half of the income derived from...more

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