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

What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

As with all community property, retirement assets are subject to division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided....more

Divorce – Four Business Reasons for a Prenuptial Agreement

With an ongoing Oklahoma divorce case in mind last month Tilting wrote about Tigh A. Knott, his wife Lucy Knott and how a business owner’s divorce can impact his business and affect his partners. The real players were Harold...more

Illinois Supreme Court Agrees to Decide How Social Security Benefits Offset in Divorce Settlement

In the closing days of its September term, the Illinois Supreme Court agreed to decide an issue of potential importance to the domestic relations bar: how are Social Security benefits treated in a property settlement during a...more

When Can I Start Dating During My Divorce?

Some clients ask, “When can I start dating during my divorce process?” While you certainly can start dating, the better question is, should I start dating during the divorce process and how could it affect my case? ...more

Is Interest Paid in a Divorce Buyout Deductible?

In my last article, I discussed this topic: If the divorce-related buyout of the Departing Spouse’s interest in a company will be paid in installments, what terms should the Departing Spouse request (and the Remaining Spouse...more

Choosing Between an Annulment or Divorce Proceeding

Choosing to terminate a marriage through an annulment, (called a nullity proceeding in legal terminology), or through divorce (more formally, a dissolution proceeding), depends on an array of factors that must be carefully...more

Caution with Automatic Removal of Ex-Spouse as a Beneficiary Upon Divorce

Fla.Stats. Section 732.703 provides for the automatic removal of a spouse as a beneficiary of a life insurance policy upon divorce. Many other states have similar provisions. It is easy to become complacent in expecting this...more

Avoiding the Pitfalls from Separation to Divorce and Beyond

Going through a legal separation or divorce is a very stressful, emotional and financially taxing period in anyone’s life. There are many pressing issues that take center stage in a divorce, especially if you have minor...more

Update: Divorce Leads to Billion Dollar Lien on 20 Million Shares of Stock

An Oklahoma oil tycoon learned yesterday how costly his divorce will be. Cleve and I recently wrote about how a business owner’s divorce can impact his business and affect his partners. On November 10, 2014 an Oklahoma...more

Updates on Alimony Law

Hi there, I have a few updates on what is happening in three cases that are testing the limits of the Alimony Reform Act....more

Is a trial my only option during a divorce? [Video]

Arizona business law firm Jaburg Wilk's family law attorney Mervyn Braude discusses various options in a divorce. For more information visit www.jaburgwilk.com....more

Three Year-End Tax Tips

If divorcing your spouse is not difficult enough, those who are not legally divorced by December 31 must begin thinking at this time of year about tax planning as “married” individuals. The issue of tax filing becomes an...more

NJ Supreme Court to Decide Whether LAD Protects Divorcing Employee

Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an...more

Installment Terms for the Business Buyout in a Divorce

For many divorcing couples, a closely-held business is the most valuable marital asset. In most cases, it is likely that only one spouse will remain with the business, raising this key issue: How can the interest of the...more

The 10 things about family law a lawyer must know to survive Street Law

A lawyer needs to understand the first law of thermonuclear dynamics – energy can neither be created nor destroyed; it is merely transferred or converted from one object to another. That’s what emotions are like. My...more

Modifications to Orders – Not All Family Law Decisions Are Set in Stone

When a divorce becomes final, a court issues rulings regarding spousal or child support, and child custody and visitation. These rulings are based on the circumstances of each spouse at the time of the divorce. However,...more

Divorce – Impacting Your Meddlin Hands Partners!

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

Social Media Pitfalls In Divorce

These days social media is ubiquitous. Everyone, young and old, enjoys some form of social media — from Facebook to Twitter to Instagram– we are all spending significant time posting our life happenings, likes and dislikes,...more

What Is An Affidavit Of Financial Information And Why Does It Matter?

An Affidavit of Financial Information (“AFI”) is a court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue....more

Why Divorce Cases Don’t Settle

Imagine a divorce which has been ongoing for several years. The experts essentially agree on the numbers for valuing the marital estate; the lawyers essentially agree on the options for resolution. Hours and hours have been...more

Sexual Materials and Divorce

The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the...more

Texas Supreme Court Orders 10/14 (Six Petitions Granted)

Because there are no opinions and no grants in the Supreme Court's order list this morning, this is a good opportunity for me to do the promised post on the petitions granted in the October 3, 2014 order list. ...more

Will an Alimony Award Terminate if the Recipient Cohabitates?

On September 22, 2014, the New Jersey Supreme Court declared to hear the case of Quinn v. Quinn. In the case, the couple was married for twenty-three years until they divorced in 2006. The Husband agreed to pay the Wife...more

Domestic Violence and Divorce

Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence (“DV”) is bigger than most American’s...more

Single Publication Rule Vulnerable to Online Interaction Between Authors and Users

Reader comment sections have become ubiquitous to websites that host original content. They serve the interests of the website host by attracting traffic and ultimately advertising revenue, generating buzz for contributors...more

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