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

Mutual Consent: A Faster Way to Get Divorced in Maryland, but Beware

Married couples with a property settlement agreement who do not have minor children are now allowed to obtain divorces without any waiting period. This is a wonderful change from the previously required one year separation...more

Appellate Court Untangles Twelve Year Old Marital Settlement Agreement Regarding Pension

In a 2016 non-precedential appellate court decision, Grothey v. Grothey, the court attempted to untangle an agreement by husband and wife reached in 2004. The agreement provided that wife was to receive 65% of husband’s...more

Buy-Sell Agreements in a Divorce (Part 1)

My prior articles have discussed how to monetize one spouse’s equity interest in a privately held company that has no other owners. However, many businesses are started by two or three partners contributing their ideas,...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Community Property in Arizona

As a family law attorney in both Arizona and California, I am often asked about community property. When does your ex-spouse stop having a claim to your property and earnings? The answer depends upon the state in which your...more

Arizona Files Thousands of Improper Child Support Liens

The Arizona Department of Economic Security (DES) admitted recently that it filed inaccurate child support liens in at least 8,241 cases. The Department is tasked with helping enforce child support orders and tracking the...more

Divorce does not end parenthood

For many divorced parents, the thought of having to share parenting responsibilities with the person who has hurt you emotionally and/or financially may seem like an impossible challenge. However, even though your...more

Making The Divorce Process Easier For Victims Of Spousal Abuse

Pennsylvania allows parties to a divorce action to seek both no-fault and fault divorces. While fault remains available, the overwhelming majority of divorces are granted under no-fault grounds. The statutory framework for...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36842 - Antonucci v. Antonucci - In this divorce action, the parties had been married for twenty-five years and had two adult children, and had comparable incomes of about...more

New Changes to the Parent Education Program in Massachusetts

As a family law attorney, I’m often met with surprise (even outrage!) when I tell my clients that they’re required to participate in a Parent Education Program in connection with their Massachusetts divorce. People always say...more

New Pennsylvania Bill Makes Spousal Abuse Victims’ Divorce Process Easier

Recently, Governor Wolf signed a bill into law giving spousal abuse victims in Pennsylvania additional rights when pursuing a divorce. This law will become effective in the middle of June 2016. It has been said that, “this...more

Use Your Pretrial Conference to Help Avoid Going to Trial

Hi there, There are many stops on the road before a divorce trial takes place. If you and your soon-to-be-ex-spouse still have disputes after your four way meeting, your next shot at settling the case is through a...more

Trust Planning for Your Lake Home

Part of your family legacy takes place on the lake. Lake homes are significant investments. You have memories of family trips, of children, and maybe even grandchildren, growing up at the home. Preserving the lake home and...more

Procedure for Divorce in the UAE Part Two

As we discussed last week, in accordance with the UAE’s Shariah law principles that regulate the arena of Family Law, certain procedures must be undertaken in order for a valid marriage contract to be terminated. For Muslims...more

What’s in a Name?

As Juliet stated to Romeo in Shakespeare’s tale of star crossed lovers, “What’s in a name? That which we call a rose. By any other name would smell as sweet.” Her statement emphasizes her love for Romeo as an individual, not...more

Estate Planning During Divorce (Part 2) [Video]

The term divorce provokes a number of commonly known thoughts and reactions (i.e. a division of assets, a new - residence, a custody agreement concerning children, and so on). Less obvious is the effect that a divorce may...more

Estate Planning During Divorce (Part 1) [Video]

The term divorce provokes a number of commonly known thoughts and reactions (i.e. a division of assets, a new - residence, a custody agreement concerning children, and so on). Less obvious is the effect that a divorce may...more

Procedure for Divorce in the UAE Part One

In accordance with the UAE’s Shariah law principles that regulate the arena of Family Law, certain procedures must be undertaken in order for a valid marriage contract to be terminated. For Muslims in the UAE, there are two...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Custody Modification: Courts Can Do It Without A Petition To Modify If Proper Notice Is Given

A lot of times when parents file petitions with the court regarding enforcing a custody order or contempt, they also want the court to adjust the custody order. Some think that the court can only change the custody order if...more

It’s Not Too Late to Act!

There has been a new development in the recent challenge to the Alimony Reform Act. As a backdrop, the landmark Alimony Reform Act (M.G.L. c. 208, sections 48-55), which went into effect on March 1, 2012, changed alimony...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Court Does Not Reduce Child Support Due To Parent’s Student Loan Payments

In a January 2016 Pennsylvania Superior Court non-precedential decision, J.B v. B.B., the court held that father was not entitled to a reduction of his $1,500 per month child support payment even though father was paying...more

The Waiting Period Post-Divorce

Family law in the UAE is governed by Shariah law, from the Islamic principles. For this reason, the courts will often distinguish between situations involving Muslims and non-Muslims. This is the case with a three-month...more

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

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