News & Analysis as of

Search And Declare: Seeking Hidden Assets In Divorce

The financial principle of all divorces in Florida is equitable distribution of marital assets. People facing divorce frequently dwell on the first word of this phrase, “equitable,” with their legal counsel thrashing out what...more

Divorce In The Golden Years

Paul Hogan is best remembered for his roles as a lovable wildlife wrangler in the Crocodile Dundee film franchise of the 1980s. At 74 years old, Hogan’s days of ‘gator grappling are largely over....more

Monthly Disability Payments Not Considered Marital Property

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury...more

What Finances Must Be Disclosed in a Divorce?

Often, one spouse pays the bills and does the bookkeeping for the family. While this can be practical, it can leave the other spouse with little knowledge of the family’s financial situation. For this reason, a spouse might...more

Gray Divorce: Divorce After 50

According to the National Center for Family & Marriage Research at Bowling Green State University, Ohio, the divorce rate for couples over age 50 has nearly doubled during the past 20 years. Divorce at any age is complicated,...more

Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more

Divorce: Finding Offshore Assets

One of the more important issues in a divorce proceeding is identifying and dividing community and separate property. The task of asset identification and location may have been made both easier and more complex at the same...more

A Diamond May Be Forever, But What Happens to it When There is a Divorce?

On October 21, 2013 news spread around the Bay Area when Kanye West rented out AT&T Park and proposed to girlfriend, Kim Kardashian, with a 15-carat sparkler. The ring was a flawless emerald cut diamond designed by Lorraine...more

Don’t Love Anything That Can’t Love You Back

Divorce is emotionally and financially complicated, but when the emotions and finances start influencing each other, this is a recipe for emotional and financial disaster....more

What Happens if You Divorce During Bankruptcy Proceedings?

The state of Georgia has the eighth-highest divorce rate in the United States. Our state also outpaces the rest of the nation in unemployment (8.6 percent, compared to 7.6 percent as of June 2013). We don’t think these...more

Do I have to Disclose Everything to the Other Party and/or the Court?

Under current Arizona law, you must make full disclosure to the other party and the Court. The Arizona Rules of Family Law Procedure require that everything which may have an impact on the outcome of the case be disclosed -...more

Emergency Points if a Divorce is Impending: Financial Accounts and Personal Property

When you are contemplating a separation from your spouse, it is important to consider whether or not actions need to be taken to prevent dissipation of assets by your spouse prior to a final resolution of your case. You...more

Marriage, Divorce and Your Business

If you own a business, or any asset for that matter, and you intend to marry or divorce, you need to read this. Virginia is not a community property state. But it is an equitable distribution state. What does that...more

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 2

This week my very smart colleague Jen Green is back with Part 2 in her series of important tax issues that need to be considered when dividing marital property during a divorce. ...more

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 1

I’ve written before about the emotional roller coaster that can come along when it’s time to divide assets during the divorce process. Today my colleague Jen Green offers the first of several tax rules – and their...more

Life Insurance After Divorce

During marriage, a very typical scenario is for spouses to name each other as the beneficiary to each person’s individual life insurance policy. Once a divorce is commenced, a beneficiary designation cannot be changed until...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

Tips to an Expensive Divorce

Wikipedia defines reverse psychology as “a technique involving the advocacy of a belief or behavior that is opposite to the one desired, with the expectation that this approach will encourage the subject of the persuasion to...more

Arizona Bankruptcy or Divorce – Which Comes First?

The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter....more

Use Of A Jointly Engaged Valuation Expert In A Divorce; How to Make the Process Work

In recent years it has become more common for divorcing spouses to agree to jointly engage one expert to value the marital interest in a business or professional practice. ...more

Preparing for QDROs

In many marriages, the retirement accounts of the couple may be one of the largest financial assets they own. When that couple divorces, questions arise as to how to equitably split up the retirement accounts....more

Tips to Protect Your Privacy When Separating – Part 1

For most folks the decision to separate is hard, and the reality of what separation means can be harder. One of the most important aspects of separating is privacy. Whether you stay in the marital home or get your own new...more

How Long Will My Divorce Take?

If you are contemplating filing for divorce or have recently been served with divorce papers by your spouse, you may be wondering, “Just how long will this take?” The answer is ? it depends. Each individual case is...more

A Tale of Caution: Know Your Intellectual Property Rights

On 17 May, Mrs Justice Asplin delivered a judgment in the Chancery Division of the High Court of Justice. The dispute concerned intellectual property rights in hedge fund computer software that was the "cornerstone of the...more

And That's What Civility Is For

Whatever the reason, ending a marriage may be a very painful process. The spouse was unfaithful, suffered from addiction, or was abusive to your client or the children. While in California we do not assign “fault” during ...more

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