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Family Law Updates

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

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

Trigger Vs. Double Trigger: What A Cowboy Needs To Know About Golden Parachutes

by Fox Rothschild LLP on

This is actually about executive compensation. Not just any executive but senior, senior executives. If you have not noticed, we live in a brave new world where many public companies are seeing large blocks of their stock...more

Don’t Confuse Your Joy With Your Kid’s

by Fox Rothschild LLP on

The holidays are not upon us but they are not far away either. If you are separated and your holiday plans for sharing custody are not, “set” it is well-nigh time to begin the discussion because November is not a good time...more

CAS Legal Mailbag Question of the Week - October, 2017 #4

by Shipman & Goodwin LLP on

Dear Legal Mailbag: A few weeks ago, I received a phone call from an outside therapist who is seeing one of my students who refuses to come to school. I did not have a release to speak to this individual but, without...more

Finding Alternatives to Litigation

by Burns & Levinson LLP on

If you read this blog, you probably know that I am a huge proponent of negotiating settlements in divorce cases. As an attorney who has spent her career in divorce litigation, I know firsthand the costs associated with...more

Under New Jersey’s New Child Relocation Standard, Best Interests is King

In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be...more

New York City Council Amends Earned Sick Time Act to Permit Employees to Use Paid Time Off for “Safe Time”

by Murtha Cullina on

On October 17, 2017, the New York City Council passed a bill amending the New York City Earned Sick Time Act (which took effect on April 1, 2014) to require paid time off for victims of family offense matters, sexual...more

Estate Planning & Family Law: How To Protect Your Assets For Future Generations

Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters....more

In-Vitro Fertilization Inconceivable to Legislature

by Faegre Baker Daniels on

On Oct. 16 the Georgia Supreme Court ruled that the statute covering children “conceived by means of artificial insemination” doesn’t cover children born by means of in-vitro fertilization (IVF). Why? Well, for one thing, the...more

A valid marriage is required to file a Joint Return. What is a valid marriage?

by Sanford Millar on

Assuming that you have a valid marriage for federal income tax purposes, as defined in “Section 301.7701-18(b) (1) of the Procedure and Administration Regulations that a marriage of two individuals is recognized for federal...more

Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

by Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Five Common Misconceptions in Divorce Litigation

by Burns & Levinson LLP on

Newly separated and divorcing clients almost always come to us with preconceived ideas of what they hope/expect might happen in their cases. All too often, these preconceived ideas are based on a client’s own sense of equity...more

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