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Family Law Updates

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

Parkland

by Fox Rothschild LLP on

This is not a political outlet. So, I will confine my “political” comment to a single set of facts. 17 people killed yesterday. 32 school days so far this year. Time Magazine reports 18 school shootings. So a school...more

Divorce is Taxing: The Effect of Recent Tax Laws on Divorcing Parties

by Bowditch & Dewey on

Not only is divorce emotionally draining, the tax ramifications of recently passed tax laws will have a direct and adverse effect on divorcing parties. Tax reform will substantially alter the award of alimony in...more

Domestic Violence And The “Willoughby Moment”

by Fox Rothschild LLP on

2017 was a remarkable year in many ways. In late Spring we watched one of America’s favorite entertainers tried for sexual assault. In October, prominent producer Harvey Weinstein was accused of sexual assault by more than...more

Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

by Jaburg Wilk on

Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making...more

A Playlist For When You’re Going Through A Divorce On Valentine’s Day

by Fox Rothschild LLP on

It may seem counter-intuitive, but the month of Saint Valentine is also generally the month that sees the highest volume of filing for divorce. For some people, getting divorced may be their New Years Resolution. Others...more

Insight on Estate Planning - February/March 2018

In This Issue: - Sudden impact: When a spouse unexpectedly dies - New tax law affects estate planning strategies - All in the family: Transferring your vacation home - Estate planning pitfall: You haven’t planned for...more

Gold Dome Report - February 2018

Although all signs this morning pointed to a quiet day under the Gold Dome, the halls quickly became abuzz with news of a compromise on HB 159, the adoption bill authored by Rep. Bert Reeves (R-Marietta). The masses got their...more

Appellate Division Denies Cohabitation Claim Under Alimony Statute

by Fox Rothschild LLP on

While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or terminated” in the...more

A Parsing of the Newly-Minted Uniform Directed Trust Act

by Charles E. Rounds, Jr. on

Charles E. Rounds, Jr., “The Uniform Directed Trust Act: Context, content and critique," Trusts & Estates (December 2017), at p. 24 [Vol. 156 No. 12)] is now accessible on JD SUPRA below....more

Table Talk…For The Rest Of The Story

Recently, I represented a young man at the center of a high conflict custody case that has made me think a lot about...more

Making the Most of the Alternate Dispute Resolution Process During a Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a...more

ASCENDING MOUNT SCARPACI: A Lesson In Intestacy, Taking Against A Will & Getting Divorce Grounds Established

by Fox Rothschild LLP on

A Superior Court decision last month by Judges Lazarus, Bowes and Ott reminds divorce practitioners that there are distinctions to be drawn between the rights of intestate surviving spouses and the rights of a surviving...more

New Decision Fine-Tunes Mass. Removal Law

by Burns & Levinson LLP on

In some divorces/post-divorce situations, one parent wants to move with the parties’ children to another state, or even another country. This is called “removal,” and requires either the permission of the other parent or the...more

New Appellate Division Decision Outlines Procedures For Reconstructing The Record In DV Cases

by Fox Rothschild LLP on

The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not available to serve as a record...more

Appellate Division Confirms That Alimony Cannot Be Judicially Determined With A Formula

by Fox Rothschild LLP on

One of the most common question posed by clients is – how is alimony determined? Unfortunately, there is no easy answer to that question, and it is often dependent upon the facts and circumstances of a given matter. ...more

Reducing Stress During A Divorce

There is no doubt that divorce litigation can be a stressful process. While there will be factors and forces outside of your control, there are things you can control and steps you can take to reduce your stress level. ...more

Psychological Abuse Is a Form of Grave Harm Under the Hague Convention

by Proskauer For Good on

A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking to uphold a district court’s...more

Using Prenuptial Agreements to Protect the Family Farm

by Ruder Ware on

The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to...more

Court Held That Retirement Benefits Belonged To The Worker’s Sister, Who Was Designated Beneficiary, And Not The Wife

by Winstead PC on

In Estate of Gibson, a man named his sister as the beneficiary of his retirement plan in 1989. No. 06-17-00059-CV, 2017 Tex. App. LEXIS 9963 (Tex. App.—Texarkana October 13, 2017, no pet.)....more

Staying the Course: Courts Will Not Hear Stayed Actions

by Bennett Jones LLP on

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position....more

When is a child not a child for the purpose of access to health records?

by Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

2018 Georgia Legislative Session Preview

by Dentons on

After clearing the cobwebs from the General Assembly's levers of power, Georgia lawmakers arriving in Atlanta today will find no shortage of thorny propositions awaiting them: budget priorities, rural development and...more

Divorce Can Be Taxing: How the New Federal Tax Law Impacts Your Family Law Decisions

Everyone is buzzing about the new tax overhaul recently passed by Congress. How does it impact you and your family law choices for 2018 and beyond? In a four-part blog series, we will address the consequences of various parts...more

Estate planning for families with special needs

by Davis Brown Law Firm on

When children with disabilities turn 18, your ability as a parent to make decisions for their care and future become limited. Specific long-term planning decisions can help your family better plan for the future....more

How Much Evidence Does A “Hague” Case Merit?

by Fox Rothschild LLP on

On August 7 of 2017, the Third Circuit Court of Appeals decided a case under the Hague Convention on the Civil Aspects of International Child Abduction. Since we don’t see much child custody litigation in federal courts nor...more

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