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Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Should You Rush to the Finish Line?

by Blank Rome LLP on

Stacy D. Phillips and Michelle Piscopo With news that the alimony deduction will expire at the end of this year, many clients are asking if they should rush to finalize their divorce. The answer to that question is, it...more

Can Alimony Be Changed After a Divorce?

The simple answer is YES! Alimony is always reviewable based upon a substantial change in either party’s financial circumstances. However, in general terms, we usually see the payor spouse (the one paying the alimony) file...more

Valuing a Closely Held Business in Divorce: Pitfalls and Best Practices

Valuing a closely held business can be a complex endeavor, requiring a through analysis of assets, financial statements, financial claims, earning potential and inherent risks. A host of other factors can also influence the...more

Resolving California Trust and Estate Disputes – A Mediator’s Perspective

by Downey Brand LLP on

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and...more

How Do I Prove Cohabitation to Suspend My Alimony Obligation?

As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner! Specifically, now, you no longer need to prove that your...more

Calculation of Child Support in Collaborative Divorce

by Stange Law Firm, PC on

The calculation of child support can be an important issue in resolving a divorce or custody case. Parties can often get into contentious disputes in terms of child support calculations....more

Receiver’s Use Of An Elisor When A Party On Title Won’t Sign Documents

by Ervin Cohen & Jessup LLP on

I am a receiver in a family law matter. There is a property held in the name of an LLC, wholly owned by one of the parties....more

Family Law Judges Can No Longer Make Parental Decisions in Arizona

by Jaburg Wilk on

Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

Support Contempt: Punishment Delayed May Mean Punishment Denied

by Fox Rothschild LLP on

It happens every day throughout the Commonwealth. It is support contempt court and the crowd is large and anxious. On Valentine’s Day, 2017 a contempt hearing was scheduled with the petitioner being the grandmother of two...more

Gift Affidavits Important for Vehicle Transfers in Divorce

by Stange Law Firm, PC on

In a divorce, motor vehicles can be one important piece to a divorce. In certain cases, there can be all sorts of motor vehicles in play. Individuals often just think about the cars, SUVs, vans or the trucks. But many forget...more

Mental Capacity Standards in California Civil Litigation

by Downey Brand LLP on

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

Vacationing with the Kids: Are You (Really) Ready for Summer?

With summer time right around the corner, many divorced and separated parents have questions about what summer parenting time (does the school year parenting time schedule change or stay the same?), vacations with the...more

When Is Collaborative Divorce Not Appropriate?

by Stange Law Firm, PC on

There are lots of instances where a party ought to consider a collaborative divorce. A collaborative divorce can help parties reach a settlement outside court such that litigation may not be necessary. For many parties, this...more

Transferring Company Ownership Interests in Divorce Settlements - A Transaction in Which Both Spouses Need to Exercise Significant...

by Winstead PC on

It is common for divorce settlements to include a transfer between spouses of an ownership interest in a private company, but the frequency of this transaction does not mean that it should be taken lightly. In fact,...more

Summer Programs in Georgia: Get Exempt or Get Licensed

by Taylor English Duma LLP on

If your organization is gearing up for a non-residential summer program in Georgia, remember to review childcare licensing requirements. If your program cares for children less than 24 hours a day, then it must be either...more

Things To Do After Completing Your Divorce

by Stange Law Firm, PC on

After going through a divorce, many became so consumed about the divorce itself that it’s hard to know where to turn next. For many, it’s hard to finally accept that the divorce itself is done and now it’s time to move on and...more

New PA Law Clarifies When Grandparents Can Seek Custody

The Pennsylvania legislature recently passed a bill that expands who can request custody of a child. The law clarifies when grandparents can seek custody of their grandchild....more

The Case For CASA

by Akerman LLP on

A movement. That’s how National CASA Association’s Leah Hausman describes the work her organization does. As national resource development officer for CASA (Court Appointed Special Advocates), she knows firsthand the...more

All doubts are resolved against the trustee who fails to keep adequate records, except in Texas

by Charles E. Rounds, Jr. on

As a general rule, all doubts are resolved against the trustee who fails to keep adequate records. See generally Loring and Rounds: A Trustee’s Handbook §6.2.9 [page 673 of the 2018 Edition], which section is reproduced in...more

Superior Court Deals Blow To “Dissipation” Theories In Equitable Distribution

by Fox Rothschild LLP on

A recent case published by the Superior Court gives us some insight into one issue which has thus far evaded appellate review and affirms in principle that alimony remains a secondary remedy and one which is awarded based...more

What Is A Participation Agreement

by Stange Law Firm, PC on

When individuals decide to enter the collaborative process to engage in a collaborative divorce, many wonder what the parameters of the process will be. They wonder what the ground rules will be. They might even wonder what...more

How is Child Support and Alimony Determined in Arizona?

by Jaburg Wilk on

When divorcing couples have minor children, frequently the amount of child support is an issue in the divorce. In Arizona, child support can be estimated using the Arizona Child Support guidelines. The courts provide a free...more

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

by Downey Brand LLP on

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

Relocation and Child Custody Can Be Challenging

by Varnum LLP on

Moving and relocating is tremendously stressful, but often necessary as a result of a promotion or change in career paths. If you share custody with a former spouse or partner and hope to relocate with your child, brace...more

Implementation of Adoptee’s Rights Act in Missouri

by Stange Law Firm, PC on

Some parents decide to put their child up for various reasons. It used to be that it was difficult for somebody who was put up for adoption to find out the identify of their birth parents. Certainly, not all of those who...more

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