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

International Travel With A Child Of Divorce

A divorced parent who is traveling abroad with his or her children has additional hurdles to overcome before leaving for the trip. To insure that the experience is memorable from the start, make sure to follow these easy...more

Worldwide Bound: the Hague Service Convention in International Family Law Cases

As a family lawyer in Silicon Valley, I often work with clients with international issues: enforcing judgments in Europe, dividing property abroad or obtaining custody orders when the parents live on different continents. A...more

Does my spouse's affair have an impact on my divorce case? [Video]

Phoenix business law firm Jaburg Wilk family law attorney Laurence B. Hirsch talks about whether a spouse's affair has an impact on a divorce case. For more information visit www.jaburgwilk.com....more

Family Law: Special Considerations When Representing Professional Athletes

While we await news of Tom Brady's Deflate-Gate appeal, the National Basketball Association playoffs coming up fast, and the latest hints that Lamar Odom and Khloe Kardashian may not follow through with their divorce after...more

What If the Ex-Spouse Hits the Jackpot?

A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the...more

Parent's Responsibility to Pay for Child's College Education

In 1993, Pennsylvania passed a law that provided courts the authority to require parents to pay college expenses for their children (23 Pa.C.S. § 4327). In 1995, the Pennsylvania Supreme Court, in Curtis v. Kline, held that...more

Can I Be Legally Separated in Pennsylvania?

As the song goes, there may be “fifty ways to leave your lover,” but none of them will constitute a legal separation in Pennsylvania. A legal separation may only be decreed by a court, through a written order, which sets...more

Benefits of an Irrevocable Life Insurance Trust as Security for Support

Divorce or separation agreements often require one spouse to maintain life insurance as security for their support obligation. Attorneys often do not address the tax implications if the insured spouse owns the policy. ...more

When Can a Child Pick Which Parent to Live With?

Little boy sitting next to an old suitcaseThe most common question posed to a family law attorney when discussing custody matters is at what age can my child pick with whom and where he would like to live? Most clients...more

Family Law Newsletter - April 2015

In This Issue: - Divorce and Your Business, Part I: Plan B - Family Law Attorney and Counsellor at Law - Excerpt from Family Law Attorney and Counsellor at Law: In a recent custody proceeding, my co-counsel...more

When Can I Modify My Estate Documents During a Divorce?

Often clients ask when estate documents can be modified during a divorce. You should consider changing everything immediately. There are essential documents that everyone needs in his/her estate plan to be prepared to...more

STUDY: Divorce Custody Arrangement that Benefits Kids Most

One of the most highly debated and emotionally charged issues in parenting involve custody and timesharing arrangements. As if the end of a relationship (through separation, divorce or paternity) isn’t stressful enough, not...more

Florida Recognizes Same-Sex Marriages, At Least When the Time Comes for Divorce

A same-sex couple were married in Massachusetts in October 2012. They later moved to Florida, and one of the spouses filed a petition for dissolution of marriage in Florida, even though Florida does not recognize same-sex...more

What Legal Rights Exist if a Parent Abducts a Child?

When issues arise between parents, there may be times when tempers flare and things are said or done that probably should not be said or done. Unfortunately, during such disputes, one party might decide to retaliate against...more

Bankruptcy Beat: A Post-Divorce Judgment Stipulation That Modifies Obligations to a Former Spouse Does Not Likewise Modify The...

On March 3, 2015, the Honorable Albert S. Dabrowski issued a decision in Swiatowiec v. Swiatowiec (In re Swiatowiec), Adv. Pro. No. 11-2074, concerning the issue of whether obligations to a former spouse incurred in the...more

Appellate Court Notes

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

Parenting Time in Arizona - What Does it Mean? [Video]

These are some points the judges consider when decided Parenting Time. • Courts prefer 50/50 • Model parenting plan often not used • Factors: > Relationship of the child and parents > Children and...more

Paltrow Isn’t Divorcing, She’s “Conscious Uncoupling”

Hi there, My clever coworker, Abigail Munafo, pointed out to me today that I have a category entitled “Celebrity Trash,” and I haven’t posted to it in a while. So, it was extremely timely to read that Gwyneth Paltrow...more

High Risk Investment Strategies Could Bring an End to Spousal Support

The receipt of spousal support and a share of the community property in a divorce does not relieve the spouse who is being financially supported from being accountable for his or her financial future. Just when one thinks...more

Divorce Papers Served by Facebook: Cold or Practical?

Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion...more

New York court permits plaintiff to serve divorce summons through Facebook message

The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s...more

Divorce Papers Served Via Facebook

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those...more

Estate Planning & Remarriage: Five Questions You Need to Ask

It is becoming more and more common for individuals to remarry during their lifetime, either because of the death of their spouse or a divorce. However, even though an increasing number of blended families exist in the United...more

Changing the Terms of a New Jersey Divorce

Circumstances can change as time passes. At the time of your divorce, the agreements made seemed appropriate and amicable. But what happens when things change? ...more

Start your new life!

A friend recently sent me a quote. I love it because it’s so hopeful. February and March are historically a very busy time for new divorce filings. In general, divorce attorneys see a lot of new clients in the first quarter...more

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