News & Analysis as of

Divorce

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Marshall Dennehey

Splitting the Road: Navigating Uninsured Motorist Coverage of Divorced Spouses

Marshall Dennehey on

Key Points: In Florida, a divorced or separated spouse of an auto insurance policyholder may be entitled to uninsured or underinsured motorist (UM) benefits under their former spouse’s auto policy....more

Awatif Mohammad Shoqi Advocates & Legal...

Child Custody for Non-Muslim Women in the UAE: Understanding the UAE Laws

In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of...more

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

Lerch, Early & Brewer on

The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Lowenstein Sandler LLP

The Sad Case of Lovey and Hubby (Part 2)

Lowenstein Sandler LLP on

On this episode of “Splitting Heirs,” Warren K. Racusin welcomes back Sharon L. Klein, President of Family Wealth for the Eastern US Region of Wilmington Trust Company and member of the Estate Planning Hall of Fame, to...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Evidence in Divorce and Custody Cases

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more

Weber Gallagher Simpson Stapleton Fires &...

Are You Ready For Football?

As fall descends upon Pennsylvania thoughts turn from shore and mountain vacations to shorter days, cooler nights, a return to school, and football! So, what does football have to do with divorces? Say you or the business you...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

Stange Law Firm, PC on

Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Obermayer Rebmann Maxwell & Hippel LLP

“Back to School” Co-parenting Tips

Navigating the school year and the start of extra-curricular activities is hard enough. When you are separated or divorced, it can be even more challenging....more

Bowditch & Dewey

A Lesson on Presumptive Durational Limit of Alimony

Bowditch & Dewey on

The Appeals Court recently entered a judgment in the case of S.S. v. S.S holding that it was error for the trial judge to have deviated from the presumptive durational limit of alimony. The parties were married in 2009....more

Obermayer Rebmann Maxwell & Hippel LLP

The Impact of a Divorce on Taxes

The post-Labor Day surge in family law cases comes with many questions, including concerns about upcoming holidays, and whether a divorce will be finalized by year-end. For some, the imminent tax extension deadline for...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Understanding Interim Financial Relief

When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do...more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

Bowditch & Dewey on

Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more

Fox Rothschild LLP

Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing

Fox Rothschild LLP on

I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more

Lasher Holzapfel Sperry & Ebberson PLLC

What is a “Defunct Marriage” in Washington?

Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...more

Fox Rothschild LLP

Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights

Fox Rothschild LLP on

It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

Fox Rothschild LLP on

The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

Fox Rothschild LLP on

Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

Lasher Holzapfel Sperry & Ebberson PLLC

Handling Narcissistic Traits in Divorce Mediations (Strategies for Successful Settlement)

In the world of divorce proceedings, the term “narcissist” has become a common label. However, it’s important to understand that merely labeling a spouse as a narcissist does not necessarily influence the court’s decisions or...more

Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

Bowditch & Dewey on

Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more

Stange Law Firm, PC

The impact of realistic estrangement on child custody matters

Stange Law Firm, PC on

Many are familiar with parental alienation, where one parent deliberately tries to damage the other parent's relationship with their children, often through persistent efforts to belittle or discredit them. Though this...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

Tucker Arensberg, P.C.

Kayden’s Law - Update to Pennsylvania Custody Factors

Tucker Arensberg, P.C. on

On April 15, 2024, Governor Josh Shapiro signed Senate Bill 55, “Kayden’s Law,” making changes to the Pennsylvania child custody factors set forth in Title 23 in an effort to provide further protection to children’s safety....more

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the Divorce Process

Navigating the divorce process can be stressful and, at times, overwhelming. Filing for absolute divorce in North Carolina can be done without an attorney, as explained below, but life is hard, and people lead busy lives...more

Smith Debnam Narron Drake Saintsing & Myers,...

Prenuptial Agreement vs. Postnuptial Agreement: The Differences & When to Choose Each

When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more

Weber Gallagher Simpson Stapleton Fires &...

Navigating Last Name Changes in Custody Situations

In contentious custody cases, parents often ask the question of whether one parent may unilaterally change the name of the child without a Court Order or Consent of a parent. Recently, Brad Pitt was notified through...more

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