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Family Law Updates

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

Surviving The Holidays While Dealing With Divorce

by Cozen O'Connor on

The holidays are supposed to be a time of good will and cheer. For those going through a divorce, however, the situation is often not cheerful and may even be grim. With some thoughtful planning and the right outlook,...more

Medicaid Expansion May Reduce Medical Divorce Rates

Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where...more

Pending House Legislation May Dramatically Change Michigan’s Current Child Custody Laws

by Varnum LLP on

Late this spring, members of the Michigan House of Representatives introduced House Bill No. 4691, the Michigan Shared Parenting Act. The proposed legislation stands to fundamentally change Michigan's child custody law. Some...more

The Supreme Court - December 11, 2017

by Dorsey & Whitney LLP on

On Friday, the Supreme Court granted certiorari and agreed to hear arguments in seven cases: China Agritech, Inc. v. Resh, No. 17-432: Whether the rule from American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974),...more

Application of Discounts in Valuation of Interests in Privately Held Entities

by Jaburg Wilk on

When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice. Establishing a value for the business can be...more

Mediate, Alleviate, Try Not To Hate…Lessons Learned From 80s Icons

by Fox Rothschild LLP on

Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate” at the back end of the video for “Need You Tonight”, with the band...more

Fletcher Cox Case Brings Attention to the Claim of Alienation of Affection

A lawsuit in North Carolina related to the end of a marriage has garnered a great deal of media coverage lately. The Charlotte Observer reported that Philadelphia Eagles defensive lineman, Fletcher Cox, is being sued by a...more

Three Tips to Help You Navigate the Holidays

by Burns & Levinson LLP on

When you are divorced with kids, Christmas and Hanukkah can become minefields that make previous family headaches look simple. But there’s good news: There are a number of steps that you can take ahead of time to make things...more

Alimony Ambiguity Reaches Stage “Critical”

by Fox Rothschild LLP on

We have still not seen a copy of the Senate bill although PBS Newshour reports that the final version adopted by the Senate was not circulated in the Senate until late Friday evening and about 5 hours before the vote. ...more

I Do…I Do…Wait, Did We?: The Virginia Supreme Court Weighs in on the Timing of Marriage Licenses and Ceremonies

by LeClairRyan on

Imagine you’ve thought you were married for a decade and all of a sudden your spouse denies that you were ever married at all. The Virginia Supreme Court (the “Court”) recently decided just such a case in Levick v....more

Personal Planning Strategies - December 2017

by Proskauer Rose LLP on

2018 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan - As we previously reported, the American Taxpayer Relief Act of 2012 (the "Act") made the following permanent:...more

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

by Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Settling Your Case Comes With Great Power And Great Responsibility

by Fox Rothschild LLP on

Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as...more

How Decisions Regarding Custody and Visitation are Made in Delaware

Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the...more

How Much Alimony Does a Spouse Need?

by Burns & Levinson LLP on

The alimony statute in Massachusetts provides that the amount of general alimony shall generally not exceed the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes. It has long been the...more

Parental Alienation in High Conflict Custody Cases

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict...more

Family Law Practice in a Values-Based Culture

by Jaburg Wilk on

Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. Originally...more

To Marry an Immigrant? Possible Financial Consequences: The Power of the Prenuptial Agreement and Ramifications of the Affidavit...

John just turned 33. Born in New Jersey, a college graduate, and, a pretty decent professional job. Bored, John joins ChristianMingle.com. A few days later, June from Australia sends him a direct message. He responds. She...more

Misunderstanding Between Lawyer And Expert Results In Breach Of Contract And Unused Report

by Fox Rothschild LLP on

Experts and their reports can be an expensive, but necessary, element to many types of cases. This is particularly true in divorce cases, whether they are personal or business divorces. In all cases, it is incumbent on the...more

The Trials of Co-Parenting with a Histrionic Personality

Co-parenting a child with a divorced spouse is difficult enough, but what do you do when your divorced spouse is diagnosed with histrionic personality disorder? The characteristics of this disorder are that the person...more

Big Divorce Change: First Draft Of House Tax Reform Bill

by Fox Rothschild LLP on

Any American with a pulse knows that 2017 was to be the first overhaul of U.S. Tax Law since 1986. Until this week, what was circulating through Washington was an 18 page executive summary. That changed yesterday when the...more

Legislative Update: New Vulnerable Persons and POA Statutes

by Winstead PC on

On October 26, 2017, David F. Johnson presented “Legislative Update Impacting Fiduciaries,” to the Texas Bankers Association’s Advanced Trust & Portfolio Management Forum in San Antonio, Texas. This presentation discussed new...more

Domestic Violence: A Report From The Data

by Fox Rothschild LLP on

October is Domestic Violence Awareness month. And, earlier this month the Administrative Office of the Pennsylvania Court (“AOPC”) issued its summary of statistics related to this form of action. A note of history is in...more

Is The Decision To Divorce Genetic?

Virginia Commonwealth University recently announced the results of a new study examining the battle of nature v. nurture in divorce. According to the new study, “’Genetics, the Rearing Environment, and the Intergenerational...more

Tricky Halloween Parenting

by Burns & Levinson LLP on

When I was a child, Halloween was the day my father came home from work early to walk my sister, brothers, and I around the neighborhood in the costumes my mother made. Store-bought costumes were out of the question. The rule...more

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