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

Can Employers Be Sued by Adulterous Employee's Spouse?

North Carolina is one of a handful of states that recognize alienation of affection claims. Alienation is a personal injury cause of action brought by a spouse, usually against a person alleged to have engaged in an...more

Using Experts In Divorce And Custody Litigation

In family law cases, experts are frequently used. They become part of the team in preparing the case for trial and are often helpful in settling a matter. So what experts are important in a family law case? ...more

Illinois Supreme Court Debates Jurisdictional Issues in Child Custody Case

A Circuit Court has subject matter jurisdiction to enter a child custody order pursuant to the Illinois Constitution. But the Court apparently lacks jurisdiction to proceed pursuant to the Uniform Child Custody Jurisdiction...more

Filing Joint or Separate Returns When Going Through a Divorce

Taxes Divorce 1955242Tax season is approaching quickly and couples who are going through a divorce need to determine how they are going to file. Certainly, this is a topic that you should discuss with your attorney and your...more

How much will I receive in spousal maintenance?  [Video]

Phoenix business law firm Jaburg Wilk attorney Laurence B. Hirsch discusses spousal maintenance in a divorce. Hirsch practices family law in Phoenix Arizona. For more information visit www.jaburgwilk.com...more

Two Questions Most Often Asked by New Clients

Every January and February, family law attorneys meet a lot of prospective new clients. It is my opinion that the New Year brings about the desire for action and change. January has even been dubbed as “Divorce Month.”...more

Does a Tenant Cohabitate?

Marital agreements and trust agreements often employ the term “cohabitate” or “cohabitation.” Typically, these agreements provide for the end of trust distributions, alimony, occupancy of property, or other benefits, when the...more

Six Defenses to International Child Abduction (Updated)

A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction (Updated)

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Federal Law Does Not Protect Husband Who Owes More Than $50,000 In Past Due Alimony

In the Pennsylvania Superior Court case Uveges v. Uveges, the Superior Court upheld the trial court's decision to attach the husband's Federal Longshore and Harbor Workers' Compensation Act benefits to pay approximately...more

Superior Court Opens Divorce Matter That Concluded in 2005

In the Pennsylvania Superior Court case Kozel v. Kozel, a trial court's decision to re-open a divorce matter that originally concluded in 2005 was upheld. The trial court opened the divorce matter based on the theory of...more

3 Cases That Significantly Impact Alimony Law

Hi there, As promised, here is an in-depth explanation of the new decisions from the Supreme Judicial Court (“SJC”) on the Alimony Reform Act, by my talented and knowledgeable partner, Robin Lynch Nardone....more

Illinois Supreme Court Dismisses Appeal on Interlocutory “Rules of Road” Custody Orders

What procedural and substantive rights are potentially impacted by “rules of the road” orders in child custody cases – interlocutory orders which regulate what the contending parents can and can’t do in interacting with their...more

High Asset Divorces: Several Lessons

I’m a divorce lawyer. Upon hearing this, most people offer condolences. In response, what I tell them is I offer people compassion as they experience one of the most devastating events that may befall a family. It doesn’t...more

Breaking News on Alimony Law!

The Supreme Judicial Court has just rendered its decision on the modification of judgements on alimony for cases that predate the Alimony Reform Act. Decisions on three cases, Chin v. Merriot (SJC 11715), Rodman v. Rodman...more

Hitting the Wall: Facebook and Divorce

A new survey sponsored by a group in the UK links Facebook to 33 percent of all divorces, up from a 2009 study that cites the social media site in 20 percent of divorce filings....more

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

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