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.

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

Reciprocal enforcement of financial orders

by Hassan Elhais on

The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement...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

Golden Advice for Husbands to Reduce Risk of Financial Claim

by Hassan Elhais on

Here is a list of golden rules that the husbands may wish to follow, should they need to protect themselves against financial claims by the wife....more

Marriage Dissolution

by Hassan Elhais on

The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological...more

Can I Trade the Station Wagon? The Acceptance-of-Benefits Doctrine

by Strasburger & Price, LLP on

When can you accept benefits under a judgment while continuing to complain about it on appeal? Until recently, the answer has been “almost never.” ...more

Nesting

Everyone knows what “nesting” means in the context of being pregnant, but what does it mean in the context of custody? By definition, a bird’s nest custody arrangement is a shared physical custody schedule, whereby, children...more

Do I Need a Divorce Attorney | Divorce Lawyer Mesa

Do I Need to Hire a Divorce Attorney? A big question that most people have when contemplating divorce is whether they need to hire an attorney. While many people getting a divorce would prefer to keep costs down, it may...more

When the Wall of Secrecy Collapses

by Foodman CPAs & Advisors on

Foreign Accounts, Shell Companies, Blind Trusts, Asset Protection Trusts, Offshore Trusts, Global Citizenship and US Residency are just a few of the Terms highlighted in the mega divorce proceedings of a Palm Beach County...more

Recent Changes in Pet Custody

It is estimated that 70-80 million dogs and 74-96 million cats are owned in the United States. That equates to approximately 37-47% of all households in the United States own a dog, while approximately 30-37% of all...more

Tactics For Managing Marital Finances

by McManis Faulkner on

During a dissolution of marriage, financial management is essential to avoiding court imposed sanctions. Parties to a dissolution are required to preserve assets until the court has determined respective interests. At times...more

Pets: Considered Property or People During a Divorce?

by Burns & Levinson LLP on

Hi there, If you know me, you know I’m a fervent pet lover. We have dogs, cats, horses, goats, and are related to someone with a bearded dragon. I know, viscerally, how pets can feel like family members. As a result,...more

Separate Property and Arizona Marital Community Equitable Lien Rights

by Jaburg Wilk on

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Joint Legal Decision Making Must Parental Addresses be Disclosed?

by Jaburg Wilk on

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more

Lessons to be Learned From the Power of Attorney

by Farrell Fritz, P.C. on

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies...more

Children, Taxes, and Divorce

In many family law settlements, whether they are obtained voluntarily through an agreement or the result of litigation ending in a court order, certain provisions are made for minor children, including the support of the...more

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