News & Analysis as of

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.

How Can The Answer Be No Before You Know What The Question Is?

by Fox Rothschild LLP on

We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally...more

The Supreme Court - May 15, 2017

by Dorsey & Whitney LLP on

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how...more

Supreme Court Decides Howell v. Howell

by Faegre Baker Daniels on

On May 15, 2017, the U.S. Supreme Court decided Howell v. Howell, No. 15-1031, holding that where a veteran waives retirement pay to receive service-related disability benefits, federal law preempts state courts from ordering...more

Two Sides To The House Of Usher: Useful Tools for Child Support Advocacy

by McManis Faulkner on

Sometimes even a 60 percent drop in income isn’t enough. In In re Marriage of Usher (2016) 6 Cal.App.5th 347, the Second District Court of Appeal held that the reduced monthly income of Kinka Usher (“Kinka”) from...more

Wealth Management Update - May 2017

by Proskauer Rose LLP on

May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same...more

Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

by Jaburg Wilk on

In Perkins vs. Perkins, Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to...more

Waiver Of Year’s Support Through Post-Nuptial Agreement

by Bryan Cave on

Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse. ...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Top 10 Tips for Social Media Use When Divorcing

by Burns & Levinson LLP on

Hi there, Social media can become very problematic in a divorce case. Divorce lawyers, myself included, consider it a treasure trove of potentially useful information.We can obtain your online credentials and passwords in...more

Accidental Disinheritance: Update Wills, Estate Plans Annually

by Lewitt Hackman on

So you have an estate plan? Good for you. You funded it? Even better. But have you updated it and your will in the last year? If you haven’t, your loved ones or favorite charities may be in for an unpleasant surprise. Your...more

Your Divorce Is Not a Community Event

by Fox Rothschild LLP on

We live in an age of instant information where there is constant temptation to share what one is doing and thinking. We are used to sharing our experiences and thoughts freely. The temptation becomes even greater when we are...more

How Computer Forensics Can Affect Your Divorce Case

As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become...more

Agents Under Power of Attorney – Where Will You Get Hauled Into Court?

by Bryan Cave on

Powers of attorney can be matters of convenience or matters of necessity – the principal either doesn’t want to do something or the principal can’t do something. For the agents under a power of attorney, allowing yourself to...more

Can the Court Make Me Vaccinate My Child?

Vaccination has become a hot topic amongst parents who are involved in a divorce or child custody dispute. If one parent believes in vaccination and one parent does not, the decision to vaccinate your child may not be your...more

Avoiding Beneficiary Befuddlement

by Bryan Cave on

Retirement plans are complicated creatures to administer so it perhaps is not surprising that the process of determining the beneficiary of a deceased participant can present its own set of challenges and, if things go awry,...more

Modifying Unmodifiable Agreements

by Fox Rothschild LLP on

A standard provision in most written agreements establishes that no modification of the agreement shall occur unless the parties do so in writing (and usually notarized to avoid fraud). Recently, however, I confronted the...more

Custody Dispute in Scarlett Johansen’s Divorce

In an example of life imitating art, Scarlett Johannsen has found herself in the middle of a civil war. The Captain America: Civil War star has been embroiled in a now public child custody dispute with her estranged husband,...more

When Financial Planning Meets Family Law

Late 2016, the Minnesota Supreme Court decided the case of Curtis v. Curtis (887 N.W.2d 249) and in so doing provided a lesson in how to invest $2,000,000.00 to maximize your return in an alimony case....more

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

by Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Episode 9: Optimizing Value in a Marital Business Divorce: Interview with Ladd Hirsch [Audio]

by Farrell Fritz, P.C. on

A business divorce within a marital divorce presents challenges that tax the skills of even the most experienced business lawyers. Dallas attorney Ladd Hirsch, a litigation partner at Diamond McCarthy LLP, has developed a...more

How To Protect Yourself Before A Divorce

by Cozen O'Connor on

As a divorce lawyer, I have met with countless clients who claim they were blindsided by a divorce. While they may have seen signs that something was wrong in the marriage, they chose to ignore them hoping that things would...more

Episode 11: Mediating Business Valuation Disputes: Conversation with Arthur Rosenbloom  [Audio]

by Farrell Fritz, P.C. on

Mediation has grown in popularity as a means of resolving legal disputes in lockstep with the rising costs and delays attendant to litigation and arbitration, including business divorce cases. This episode features an...more

Alert: Never "Got Around" to Signing Your Pre-Nup? It May Not Be Too Late!

by Pullman & Comley, LLC on

Many couples consider (or should consider) signing a prenuptial agreement before they are married, but avoid raising the issue or resist the idea. They may fear a negative reaction by their intended, or the couple is “so in...more

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