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

CFPB Clarifies Heirs, Divorcees and Estate Planning Transferees Are Not Subject to Ability-to-Repay Rules

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

What Complications Do You Encounter When Filing for Bankruptcy and Divorce at the Same Time?

The saying "Timing is everything" certainly holds true when filing for bankruptcy. Sometimes, bankruptcy and divorce proceedings collide. Each legal proceeding can complicate the other and cause delays....more

The Right Way to Communicate With the Children About Divorce

I sat in the judge’s chambers along with the other attorney listening to a child testify about how she just wanted her mom to pay attention to her. In another case, children who used to have a loving relationship with their...more

NJ Alimony Bill Making Major Changes in System

On Monday, June 30, 2014, the NJ Senate Judiciary Committee passed legislation that would drastically change alimony awards in future divorce cases and is currently awaiting a signature by Governor Christie. The bill,...more

Who pays attorney fees in a divorce proceeding?  [Video]

Phoenix law firm Jaburg Wilk's Family Law Specialist Mervyn Braude talks about whose responsibility it is to pay attorney fees in a divorce proceeding. He also explains what unreasonable behavior is. For more information...more

Collaborative Divorce Act Passes Senate

In a follow up story to one of our earlier blogs, New Jersey’s Collaborative Law Act passed the Senate unanimously on June 26, 2014. New Jersey will be the eighth state to have enacted collaborative divorce legislation once...more

Status Updates - June 2014 #9

..In the top news story of the day, the U.S. Supreme Court ruled against Aereo in a closely watched copyright dispute with broadcasters; the Court found that Aereo engages in unauthorized public performances in violation of...more

Bankruptcy Beat: Former Spouses’ Relative Income a Critical Factor in Determining Whether the Assumption of Mortgage Payments...

Disputes between general creditors and creditors asserting domestic support obligation claims are becoming commonplace in consumer bankruptcy cases. The dispute typically arises because spouses’ or former spouses’ claims are...more

Collaborative Divorce: A Peaceful and Less Expensive Alternative to Litigation

On Thursday, June 5, 2014, a collaborative divorce bill, which would allow couples to resolve their divorces through legal counsel trained in collaborative methods instead of traditional in-court litigation, was passed by the...more

Is Your Debt Destroying Your Marriage?

The #1 thing married couples fight about is money. In fact, in a recent study conducted by Money Magazine, 70% of married couples argue about finances – more than household chores, togetherness, sex, snoring, and what’s for...more

Clients are Often Their Own Worst Enemy

Imagine a divorcing mother so desperate to control her own case that her conduct in the courthouse hallway results in her loss of custody of her children. Imagine a husband losing his most valuable asset in the divorce...more

Child Custody: Do Grandparents Have Any Visitation Rights in Pennsylvania?

A life changing event like a divorce or death may adversely affect the relationship between a child and a person who isn’t the child’s biological parent such as a grandparent. Various states have different laws that govern...more

During or After my Divorce, Can I Move Outside of New Jersey

During or after a divorce, it is common for the custodial parent (the parent primarily responsible for the children’s care) to want to move to another state with the children. Perhaps the parent has a job opportunity, family,...more

QDROs For Unmarried Cohabitants?

Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception...more

Discrimination Due To Family Status – The Final Word?

In a just-released decision, the Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal...more

Family Law Newsletter - May 2014

In This Issue: - Marriage, Divorce & Your Business - New Child Support Guidelines Under Virginia Code Section 20 108.2: What Do They Mean for You? - Moving Out of the Marital Home - Should You Stay or...more

When Is My Child Emancipated?

The question of when your child is emancipated is extremely fact sensitive. As an example of this, the Appellate Division recently released an unpublished opinion Rybak-Petrolle v. Karcz. In that case the parties had a 21...more

New Child Support Guidelines under Virginia Code Section 20-108.2: What do They Mean for You?

The child support laws in Virginia are changing significantly, and clients should understand how this development impacts them. On July 1, 2014, the Virginia Child Support Guidelines will be revised, in some ways...more

Baby Boomers: California Dreaming Requires Planning When Divorcing

There are 80 million Baby Boomers and they are getting divorced in record numbers. Recent and newsworthy divorces in this demographic involved Al and Tipper Gore, and the unforgettable daily onslaught of Frank and Jamie...more

Ex-husband charged on credit card and is not paying. Is it bankruptcy for me?

Ex-husband kept one credit card, I kept another. Both of us signed onto both cards. He charged $30,000 on "his" card and is not making payments. That credit card company is coming after me. Am I responsible for his charges on...more

Moving Out of the Marital Home - Should You Stay or Should You Go?

If you’ve made the decision to separate from your spouse, you may be wondering, “is it ok for me to move out of the marital home?” As a practical matter, in every case of separation and divorce one or both parties will...more

My Husband Wants A Divorce - Can I keep My Wedding Ring?

In Pennsylvania, gifts between a husband and wife are marital property. This is the case regardless of whether the gift was jewelry or other personal property given on an occasion such as a birthday or anniversary....more

Technical Rejection of Fee Claim Is Overruled By Court of Appeal

In Marriage of Sharples, 2014 DJDAR 823 (2014), the California Court of Appeal for the Fourth Appellate District overturned the outright rejection of a request for fees by the trial court. The judge rejected the fee claim on...more

Careful the Things You Say, Children Will Listen #ParentingTimeAttorney

My wife recently gave birth to our first child. Words cannot describe what it was like to first see him, hold him and care for him. Do you remember seeing your first child for the first time? Did you think about how much...more

Twitter Usage Linked with Divorce #divorcesurveysays

A new study finds a correlation between Twitter usage and relationship problems, including divorce. The more frequent the Twitter usage, the higher the likelihood of discord in the couple. The study found the same results for...more

329 Results
|
View per page
Page: of 14