News & Analysis as of

Divorce Child Custody Arbitration

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.
Fox Rothschild LLP

Family Law Arbitration Act Passes General Assembly.

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The news out of Harrisburg is that both chambers of the General Assembly have passed what is termed House Bill 917, formally the Uniform Family Law Arbitration Act. This comes almost five years after the Revised Uniform...more

Burns & Levinson LLP

Dos and Don’ts of Divorce Mediation and Conciliation

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Mediation or conciliation can help resolve your divorce amicably and without contested litigation in Court. For many divorcing couples, mediation or conciliation can provide numerous benefits, including...more

Pullman & Comley, LLC

Arbitrations May Save Time, Money and Distress in Divorce Proceedings

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Divorce is rarely, if ever, a happy process. The fundamental disagreements that lead a spouse to file for divorce may create chronic distrust and animosity.  The additional conflicts spawned during a lengthy pretrial process...more

Lasher Holzapfel Sperry & Ebberson PLLC

Coming Soon to Washington State: The Uniform Family Law Arbitration Act

On January 1, 2024, the Uniform Family Law Arbitration Act (UFLAA) goes into effect in Washington State. The UFLAA is a new law that will allow many family law issues to be resolved in an out-of-court arbitration process...more

Jaburg Wilk

How to “Win” in Your Divorce

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No one contemplates divorce when they are getting married. While some people plan with a pre-nuptial agreement, many do not. If that relationship, which was at one point the most important and fulfilling aspect of your...more

Fox Rothschild LLP

Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?

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One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration. In general, at the outset of a divorce, one chooses amongst these paths. ...more

Fox Rothschild LLP

Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can...

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An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic community seeks to withdraw their children from certain...more

Fox Rothschild LLP

Vacating an Arbitration Award in the Bais Din – Part II

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If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will discuss vacating particular provisions related to custody and parenting time...more

Fox Rothschild LLP

Top 10 Divorce Trends in 2022

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As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its ups and downs, but as the pandemic has waned, 2022 has also presented...more

Fox Rothschild LLP

Vacating an Arbitration Award in the Bais Din – Part I

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I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate is legally sufficient, but the...more

Fox Rothschild LLP

Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues

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Let’s start this one with a hypothetical. A divorce action has been filed against you by your spouse. A very important court date is coming up regarding the children and somehow you find yourself in Bais Din. You are swept up...more

Fox Rothschild LLP

Prohibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din

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Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing a black robe, and many of the...more

Fox Rothschild LLP

Considerations for Custody Arbitrations in Bais Din

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In my last blog post, I reviewed the requirements for parties to submit their marital disputes to Bais Din under New Jersey law, which is provided for under New Jersey Court Rule 5:1-5(b). However, special considerations...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk Mediation, Arbitration, and Conciliation

What is the difference between mediation, arbitration, and conciliation? How does each of these affect a family law case such as divorce or child custody? Who needs to be present during each of these proceedings? Learn more...more

JAMS

Accessing Justice and Taking Control of Your Case

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Because the court system has been largely shut down due to the pandemic, parties should be motivated to resolve their disputes themselves in a litigant-friendly setting such as a domestic mediation. Only constitutionally...more

Stange Law Firm, PC

When Collaborative Divorce Does Not Work

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Collaborative Divorce As An Option - A collaborative divorce is an option many parties should consider when their marriage is ending. In a collaborative divorce, both parties hire a lawyer trained in collaborative...more

Stange Law Firm, PC

What if Divorce Mediation Does Not Work?

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In divorce or family law matters, mediation is common. In some cases, the court will order that the parties go to mediation. After a case is over in a divorce or family law judgment, the court may even order the parties to...more

JAMS

Are the Kids Really Alright?

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As a mediator who works with quite a few divorcing parents with children, I often hear that familiar phrase: The kids are all right. They seem to be doing well in school, they seem to be handling the separation well and,...more

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