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

NJ Supreme Court Finds For Employees In Two Recent Cases

Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

In the child’s best interests

We have covered the general laws relating to child custody and visitation rights in the event of a marriage dissolution. While the courts have general guiding laws, these laws are discretionary; the courts will always rule in...more

Can I Sue My Former Spouse For Destroying My Relationship With My Children?

Sometimes in custody disputes, one parent attempts to get a leg up in the custody case by bad-mouthing the other parent to the children. Additionally, in more extreme cases, a parent in a litigation may even try to persuade a...more

Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a...more

Definition of Cohabitation Set in Recent Alimony Reform Act Interpretation

The latest in a series of cases interpreting and clarifying the Alimony Reform Act of 2011 has just been decided. Duff-Kareores vs. Kareores was decided by the Supreme Judicial Court on June 15, 2016....more

You Cannot Pay Child Support with Pizza

Parties to a divorce frequently feel that they are biting off more than they can chew. The reality often is that the two parties living separate lives cannot live as economically secure as they did when they were together. ...more

Divorce and K1 Adjustment of Status

Recipients of a fiancé visa, officially known as a K-1 visa are required to marry only their United States’ citizen petitioner. After the marriage, the foreign citizen must then file for an adjustment of status within 90 days...more

Buy-Sell Agreements in a Divorce (Part 2)

My last article discussed a typical provision found in shareholders agreements (for corporations) or operating agreements (for limited liability companies) giving the other owners a right to step in and buy any shares or...more

Talking to Children About Divorce

When divorcing with children, it is important to assure them that no matter what, they will be cared for and loved. Older children will know that divorce means mom and dad will be living apart, while younger children may...more

Appellate Court Explains Difference Between Divorce Settlement Agreement And All Other Contracts

In an April 2016 non-precedential Superior Court Appellate decision, Doyle v. Doyle, the court found that a husband and wife had entered into a valid divorce settlement agreement despite the wife’s argument that the agreement...more

Can a Judge Force You to Pay Your Child's Private School Tuition?

In North Carolina, a court considering a parent's child support obligation initially consults the North Carolina Child Support Guidelines (the "Guidelines"). The Guidelines contain an objective formula that sets child...more

It’s STILL Not Too Late to Act!

Hi there, I usually take no position on pending legislation but the proposed changes to the alimony law will adversely affect thousands of pre-existing divorce agreements. If you can, please take the time to read this...more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

Pets and Divorce [Video]

What will happen to my pet during a divorce? Can I get pet visitation after a divorce?...more

The Art of War (of the Roses)

In my first year of practice, a client suggested I read The Art of War by Sun Tzu. This recommendation has turned out to be invaluable in shaping how I approach cases. Although the book is an ancient military treatise, it...more

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

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