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

New York court permits plaintiff to serve divorce summons through Facebook message

The Manhattan Supreme Court recently permitted the plaintiff in divorce proceedings to serve the divorce summons to her husband through a private Facebook message. Justice Matthew Cooper acknowledged that the plaintiff’s...more

Divorce Papers Served Via Facebook

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those...more

Estate Planning & Remarriage: Five Questions You Need to Ask

It is becoming more and more common for individuals to remarry during their lifetime, either because of the death of their spouse or a divorce. However, even though an increasing number of blended families exist in the United...more

Changing the Terms of a New Jersey Divorce

Circumstances can change as time passes. At the time of your divorce, the agreements made seemed appropriate and amicable. But what happens when things change? ...more

Start your new life!

A friend recently sent me a quote. I love it because it’s so hopeful. February and March are historically a very busy time for new divorce filings. In general, divorce attorneys see a lot of new clients in the first quarter...more

Selling the Business to Divide the Assets, Part 1

This is the latest in my series discussing a recurring question: When a closely-held business is a valuable marital asset, how can its value be turned into cash? I’ve previously touched on two alternatives by which the spouse...more

Kid on the Hot Seat: Child Witnesses in Divorce

Recently, I have been part of more discussions than usual about the propriety of having a minor child testify as a witness in a custody dispute or divorce matter. ...more

Spring Break and Shared Parenting

It’s a beautiful day in Central Florida and spring break is in full swing! The sun is out, the flowers are blooming and the beach is calling your name! Typically, parents alternate the week of spring break from year to...more

Child Custody and Visitation: The Grounds For Emergency Relief

In a family law proceeding, one of the most sensitive and emotionally charged areas –for both the family law attorney and the client- typically concerns issues surrounding custody and visitation of the children....more

Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases

I don’t want the divorce; why should I have to pay for it? We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay...more

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Tax Filing During a Divorce: Separate or Joint Returns?

Couples going through a divorce should remember this regarding taxes: You can still file a joint return, so long as you were still married as of December 31st....more

Why is my Divorce lawyer friendly with the opposing lawyer?

You may be surprised that most divorce lawyers in Phoenix get along rather well. Many times clients have a difficult time understanding that two lawyers, with diametrically opposed positions and clients, can have a good...more

2015 Alimony Reform Bill

Significant attempts have been made in recent years to overhaul Florida’s alimony law. While such attempts have nearly been successful, they have ultimately failed. Specifically, in May 2013, Governor Rick Scott vetoed the...more

Wonder How To Talk to Your Kids About Divorce or Separation?

Parenting is hard work. For most people, parenting is even harder work after separation or divorce. One of the added challenges of parenting after separation or divorce is answering the multitude of questions children have...more

50/50 Timesharing: A Different Perspective

I recently came across a blog titled, “50/50 Isn’t Lucky” in which a mother shares her feelings and perspective on her equal timesharing arrangement. The author of this post is clearly grieving while her children are...more

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

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