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Charles E. Rounds, Jr. - Suffolk University...

“Clearing” the constructive trustee’s legal title: The doctrinal and practical considerations

The court in Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, 672 S.W.3d 391 (Tex. 2023) explained that “constructive trusts, being remedial in character, have the very broad function of redressing wrong or...more

Fox Rothschild LLP

New Appellate Division Decision on Importance of Arbitration Agreement Formalities: A Cautionary Tale

Fox Rothschild LLP on

I have extensively blogged on the importance of formalizing arbitration agreements in the context of divorce or post-judgment actions in compliance with the applicable Court rules, offering technical and practical advice if...more

Fox Rothschild LLP

LEGALLY SEPARATED? Who’s Asking?

Fox Rothschild LLP on

Early today I fielded a call from a friend who casually asked about the definition of legal separation. I provided the textbook answer including the presumption while noting that this was one concept where ambiguity was on...more

Fox Rothschild LLP

Life After Love Gone Wrong Podcast: Season 3, Episode 5 - Parallel Proceedings: The Intersection of Criminal Law and Family Law

Fox Rothschild LLP on

Allegations of domestic violence can complicate an already complex family law matter. It’s important to understand how criminal proceedings involving accusations of violence can impact your civil case. Marissa Koblitz...more

Fox Rothschild LLP

Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad

Fox Rothschild LLP on

Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining Order (FRO) to remedy custody and parenting...more

Fox Rothschild LLP

MORE AT THE DOOR: Should Government Decide Gender or Internet Access inside Your House?

Fox Rothschild LLP on

Lest the reader think these issues are “just political” realize that in the Commonwealth of Pennsylvania there are 40,000 cases brought each year and 40,000 processed. In those cases, judges and hearing officers are asked to...more

Fox Rothschild LLP

So Alimony Formulas are Sometimes OK?

Fox Rothschild LLP on

Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more

Fox Rothschild LLP

Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

Fox Rothschild LLP on

Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more

Obermayer Rebmann Maxwell & Hippel LLP

Child Custody and International Travel

A common issue that arises in child custody cases relates to international travel. Issues such as international travel and obtaining a passport for a child generally fall under “legal custody.”...more

Fox Rothschild LLP

INCOME SECURITY & DIVORCE: Strange Bedfellows

Fox Rothschild LLP on

Every day there is another article published beginning with the ubiquitous question: “Can I retire if I have……………?” The blank piece is filled with all kinds of trivia. Can I retire if … - a. I am 55 and will have social...more

Ward and Smith, P.A.

Can You Feel the Love Tonight? Estate Planning for Couples

Ward and Smith, P.A. on

Let's be honest.  Legal documents are not written in anyone's love language.  On Valentines Day, we undoubtedly would prefer to exchange thoughtful presents, enjoy an intimate meal with our significant other, or blush at the...more

Kohrman Jackson & Krantz LLP

How Third-Party Platforms Can Improve Post-Divorce Communication and Co-Parenting

Communication within a relationship can be challenging, and it becomes even more so after the relationship has ended. However, it reaches its peak difficulty during a breakup. Parties often resort to text messages or phone...more

Fox Rothschild LLP

The Emerging Supreme Court Fight at the Family’s Front Door

Fox Rothschild LLP on

This is designated a family law blog but events taking place on the front door of the U.S. Supreme Court could begin to affect events taking place at your front door. This month two Supreme Court docketing events illustrate...more

Lerch, Early & Brewer

DC’s New Ground For Divorce and Legal Separation – There’s No Waiting Period and No Separation is Required

Lerch, Early & Brewer on

DC has long been a no-fault jurisdiction when it comes to divorce and legal separation. However, both required a period of separation – until now....more

Fox Rothschild LLP

Amending a Complaint or Counterclaim for Divorce Remains Freely and Liberally Permitted

Fox Rothschild LLP on

A recently published decision of Saseeshkumar v. Venugopal confirms that a request to amend a Complaint and/or Counterclaim for Divorce can and should be freely permitted in the interests of justice. While the facts here are...more

Fox Rothschild LLP

Alabama Court Rules that Embryos are “Children.”

Fox Rothschild LLP on

The decision was issued by the Alabama Supreme Court on February 16, 2024. The implications can be said to be national in scope as individual states step forward with their own interpretations of Dobbs v. Jackson Women’s...more

Obermayer Rebmann Maxwell & Hippel LLP

Postnuptial Agreement - Is it right for you and your spouse?

A postnuptial agreement can provide similar benefits to a prenuptial agreement. When possible, we always recommend couples enter into a premarital agreement before the wedding rather than waiting to enter into a postnuptial...more

Kohrman Jackson & Krantz LLP

Exclusive Use of the Marital Residence During a Divorce: What Divorcing Spouses Need to Know

Navigating the intricacies of divorce proceedings can be daunting, particularly when it comes to matters like exclusive use of the marital residence. This aspect holds significant importance for divorcing spouses, as it...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Will Your Valentine’s Day Engagement Mean A Prenup In Your Future?

For divorce lawyers, Valentine’s Day means two things: engagements and prenuptial agreements. While others are throwing away wilted roses and finishing off the last few chocolates from heart shaped boxes, divorce attorneys...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Lerch, Early & Brewer

Location 101: A Comparison of Grounds for Divorce in Washington, D.C., Maryland, and Virginia

Lerch, Early & Brewer on

When it comes to getting divorced in Maryland, Virginia, and Washington, D.C. where you live can make a huge difference in what it takes to start a divorce case. Recently, there have been some significant changes in divorce...more

Fox Rothschild LLP

A 23&ME Update

Fox Rothschild LLP on

Valentine’s Day seemed an odd time to report the subject but CNN posted a five minute story provocatively titled as “I Slept with My Half Sibling.” This recounts the story of a Connecticut social worker who had symptoms of a...more

Smith Debnam Narron Drake Saintsing & Myers,...

North Carolina Defamation Laws in Divorce or Domestic Violence Cases

A jury awarded Johnny Depp $15 million in damages in a defamation suit against Amber Heard, who had alleged domestic abuse against him in an op-ed. Donald Trump was ordered to pay over $80 million in a defamation suit brought...more

Ward and Smith, P.A.

Premarital Agreements and the "Voluntary" Signature

Ward and Smith, P.A. on

Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may seem...more

Burns & Levinson LLP

Two Families Now: Co-Parenting Course Revised

Burns & Levinson LLP on

The Massachusetts Probate and Family Court has substantially revised Standing Order 3-23, which requires completion of a four-hour online parenting course, which has been renamed “Two Families Now.”  The revised Standing...more

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JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
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Sausalito, CA 94965

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