Marriage

News & Analysis as of

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

What’s in a Name?

As Juliet stated to Romeo in Shakespeare’s tale of star crossed lovers, “What’s in a name? That which we call a rose. By any other name would smell as sweet.” Her statement emphasizes her love for Romeo as an individual, not...more

Update on China's birth planning policy changes

A number of provinces and cities in China have updated their regulations around marriage leave, maternity leave and paternity leave to reflect changes in the new PRC Population and Birth Planning Law, on which we reported in...more

Alimony Termination Upon a Payor’s Retirement

Alimony payors who plan to retire have standing to seek a termination of their alimony obligation. Under the 2014 amendments to the alimony statute, a court uses one of three standards in deciding such an application to...more

Post Breakup Text Messages May Lead to Restraining Order

A breakup can be an emotionally trying experience, sometimes driving people to act in ways they ordinarily would not. Reaching out to an ex may seem harmless - all you want to do is talk? But sometimes those seemingly...more

Truths and Myths About Divorce Mediation

When clients visit my office for an initial consultation about their impending divorce, they invariably ask about the benefits and pitfalls of mediation. Over the last several years, the use of alternate dispute resolution...more

Guardianship Court Permitted to Annul Marriage [Florida]

An incapacitated ward had his rights to contract removed by a guardianship court. The ward thereafter married, without court approval. The marriage was then challenged based on FS 744.3215(2)(a) (2013). That statute provides...more

China Employment Law Alert: Greater Marriage and Parental Leave Benefits for Qualified Couples in Shanghai

A policy shift has been taking place in China: governments are encouraging increased procreation by Chinese couples, and the “One-Child Policy” is being replaced by incentives that encourage citizens to marry earlier and have...more

6 Things You Should Know about the New Child Support Law

Governor Christie rung in the New Year by signing a statute that dramatically changes New Jersey’s laws governing child support. Here’s what you should know: As a general rule, child support terminates automatically...more

Can You Undo Divorce Decrees Once They’re Final?

Tying the knot...again. Have you ever wondered if a divorce is always final or whether a divorce judgment can be “undone” or “modified?” The short answer: Like everything else, it depends....more

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more

Marriage of Davis: A Shared Roof = Shared (Community) Property

During the recession, we occasionally heard of couples who were divorcing, but still cohabitating. For economic reasons, neither spouse moved out of the house – they continued to share or divide financial responsibilities as...more

Performance Reviews For Marriages: What Could Go Wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,”...more

Civil Unions in NJ – What you Need to Know.

Same-sex couples now have the right to marry, and neither the federal nor any state government can deny anyone that right. On June 26, 2013 – a watershed moment in the history of the law and our nation – the U.S. Supreme...more

Shared Parenting – It’s Never Too Late to Get It Right

Shared parenting can be a very difficult road to navigate. Being a stepparent is oftentimes touted as a thankless role, where love must adhere to boundaries set by others. Blended families are often fraught with many...more

When The Wealthy Divorce, They Regularly Engage Forensic Accountants

Forbes Magazine published an article on “When The Wealthy Divorce, They Regularly Engage Forensic Accountants” this week. Couples with a large amount wealth and substantial assets to be divided do often require the services...more

Africa Update - September 2015 #4

Leading the News - Burkina Faso: On September 17th, U.S. National Security Advisor Susan Rice condemned the unconstitutional seizure of power by elements of the Presidential Security Regiment in Burkina Faso and...more

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more

Florida Supreme Court Gives Expansive Protection to Husband’s Separate Property under a Prenuptial Agreement

A divorcing wife asserted that because a 20 year old prenuptial agreement made no specific reference to enhancement in value of nonmarital property attributable to marital labor or funds, the enhancement in value to the...more

When a Billion Dollars is Not Enough | Divorce Lawyer

Even as a divorce lawyer it is shocking to hear that when Sue Ann Arnall recently received and cashed a $975 million dollar check from her soon to be ex-husband, oil magnate Harold Hamm, that she now claims the check was not...more

Cheaters, Divorce & Social Media

Files Leaked – Cheating Spouses Exposed - Target, Staples, and Home Depot customer’s credit card information was hacked into this past year. Recently the website that caters to spouses seeking to be unfaithful to their...more

Employment is short. Don’t have an affair

Imagine a guy, a married guy, more specifically an unhappily married guy, and even more specifically an unhappily married guy lacking a moral compass. The guy creates a discrete (ha!) profile on AshleyMadison.com, a dating...more

Legal Precedent May Come From Ashley Madison Breach

The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more

T&E Litigation Newsletter- 9/3/15

Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the...more

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