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

Divorce Settlement Meetings – Tips for Success

Clients often think that once attorneys are involved in a divorce case it automatically means that they will not be able to settle their case without court intervention. However, even when attorneys are involved, cases settle...more

Parenting Coordinator Rule Change | Divorce & Family Law Attorney

Divorced parents often remain in conflict, even for years after the divorce is finalized. Sometimes this animosity fuels years of “post-decree” battling over custodial issues. In many high conflict cases, a judge would...more

Terminated: A Marriage’s End Should Not Lead to Employment’s End

Last month, the New Jersey Supreme Court ruled in Robert Smith v. Millville Rescue Squad (MRS) that an employer cannot terminate an employee for separating or divorcing – the processes of which apparently falls under the...more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among...more

How will the courts calculate child maintenance?

The issue of child maintenance costs can be one of great friction when trying to establish a workable relationship after the breakdown of a marriage. It is for this reason the UAE courts have a system for calculating such a...more

Misinterpreting the Law Doesn’t Negate an Alimony Agreement

The Appeals Court decision in DeMarco v. DeMarco reminds us that a deal is a deal, even when it’s entered into based upon advice from a trial judge who misinterprets the law....more

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

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