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

Guidelines to Dealing with Children During Your Divorce

Divorce is not just stressful on the parents, but can also create a great deal of uncertainty and confusion in your children. The behavior of parents before and after divorce has a critical impact on the emotional adjustment...more

Ex-Husband Fails in Attempt to Use Texas Law to Impose Constructive Trust on Former Spouse’s Survivor Annuity

A former husband’s attempt to use Texas law to deprive his first wife of a survivor annuity under his pension plan has been firmly rejected by the U. S. Court of Appeals for the District of Columbia. Vanderkam v. Vanderkam,...more

When Should You Turn Down a Billion Dollars?

Oil tycoon Harold Hamm and his now ex-wife, Sue Ann Arnall – whose divorce we have written about before – were involved in one of the largest and nastiest divorces in US history. Just last week, Mr. Hamm sent Ms. Arnall a...more

Playing Hide and Seek with Marital Assets

Hiding assets during a divorce is sneaky, unethical and illegal – but, unfortunately, it happens. Hiding assets can be easy to do, especially if one of the parties handles the finances and the other spouse is unaware,...more

Appellate Division Review - Business Judgment Rule, Privilege, Child Support, Animal Rights

The more things change, the more they remain the same. As we enter a new year, New York’s Appellate Division faces the same and greater challenges: increasing caseloads, staff shortages, judicial vacancies, and legal disputes...more

The New Year Resolves Many Marital Questions

For divorce attorneys, a surge in calls is typical after the holidays are over and the new year begins. In January, divorce attorneys are busier than usual with calls from new clients who want to begin the divorce process. ...more

Divorce and Beneficiary Designations—Florida Law Changes

Introduction - This article discusses a significant change in Florida law regarding the effect of dissolution or annulment of marriage on designations of one former spouse as beneficiary upon death of the insured other...more

New Year's Resolution: Call Divorce Attorney

For divorce attorneys, a surge in calls is typical after the holidays are over and the new year begins. In January, divorce attorneys are busier than usual with calls from new clients who want to begin the divorce process....more

Hide and Seek – Tracking Down Hidden Assets in Divorce Cases

Divorce is never an easy time for anyone involved. The end of any relationship carries an excessive amount of emotional weight, but divorce brings with it all the stresses and conflicts that accompany a financial decoupling...more

Financing the Business Buyout – Part II (Investors)

Last month, Part I on this topic discussed the problem facing a Remaining Spouse when the Departing Spouse rejects a buyout offer of a modest down payment and a long installment note: How to raise sufficient cash to avoid a...more

Marriages Come and Go, But Divorce is Often Forever

Last Christmas Eve, I got a voicemail from my son Shamus asking if I knew of "a divorce lawyer named Mr. Barnhart." Shamus called from New Orleans where he lives. Since he's not married, his divorce lawyer voicemail...more

Frequently Forgotten Divorce Asset: Loss Carry-Forwards

Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to...more

There Are No Secrets in Divorce: the Duty to Disclose

The decision to end a marriage can be one that is both deeply personal and highly complex. However, deciding to commence the divorce as a formal legal proceeding, also known as a dissolution of marriage proceeding, is often a...more

Considering Divorce?

The last year saw its fair share of public divorces, separations and reconciliations. From conscious uncoupling and puppy custody battles to a $1 billion divorce settlement – the myriad of recent “newsworthy” family events...more

Sowing The Seeds For Settlement

Many clients think that once they hire a divorce attorney, they are setting themselves up for protracted litigation. In fact, most attorneys are skilled at negotiation and work hard to help clients settle their cases without...more

NJ Divorce FAQs

Throughout the divorce process, couples often have many questions that are fairly common among those who are interested in pursuing a divorce in the future. Divorce lawyers in Camden County are providing the following...more

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

Appellate Court Notes

SC19037 - Brody v. Brody - In this multi-million dollar matrimonial dissolution action, the SCT took the opportunity to clarify Connecticut law on civil contempt. The court set aside prior Appellate precedent and held...more

How Does Debt Work in a Divorce?

Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing....more

Don’t Underestimate the Value of Employee Benefits

Employee benefits may be one of the biggest assets involved in a divorce—often similar in value to the family residence. With so much money on the line, identifying, valuing, and dividing benefit plans is a priority. Here are...more

Illinois Supreme Court Debates "Rules of the Road" Orders in Custody Disputes

It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying...more

Death After Divorce: Who Gets the Proceeds?

Under the common law of some states, if an individual names his or her spouse as the beneficiary on a life insurance policy, gets divorced, and then dies without changing the beneficiary designation, the mere fact of a...more

Divorced Parents Ordered to Pay Daughter’s College Tuition

Some have remarked that New Jersey’s law goes further than any other state in requiring divorced parents to contribute towards their children’s college education, and here is why. Early in 2014, Caitlyn Ricci, 21 years old,...more

Can my ex-spouse receive SSD benefits on my work history?

Social Security Disability Insurance provides benefits to people who are considered disabled and have paid enough money into the Social Security system. The dependent family members of SSD beneficiaries, such as spouses or...more

Can Attorneys be Held Liable for Damages to the Adverse Client?

On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more

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