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.
Lasher Holzapfel Sperry & Ebberson PLLC

“Nesting” During Divorce: Is Nesting Right for My Family?

“Nesting” is a custody arrangement where, rather than having children move between homes, the children stay in the family home and the parents move back and forth and alternate living there. While it may sound appealing,...more

Fox Rothschild LLP

Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?

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In 2021, I wrote on this blog about a case where a court delayed reunification therapy because a 12 year old child didn’t want to do it. To this day, this continues to be one of the most read posts on our blog, more than...more

Bowditch & Dewey

10 Things to Know About Prenups and Postnups

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Prenuptial and postnuptial agreements may be associated with celebrities and extremely wealthy individuals – but they’re for everyone! In fact, a 2023 poll by Axios/Harris found that over 50% of American adults polled said...more

Fox Rothschild LLP

Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody

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It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders and Agreements are always reviewable and modifiable. However,...more

Awatif Mohammad Shoqi Advocates & Legal...

Divorcing in the UAE as an Expat: Your Essential Guide for Non-Muslims

Navigating divorce in the UAE as an expatriate can be complex, particularly given the distinct legal frameworks that apply to non-Muslims. The UAE has recently introduced significant reforms through Federal Decree-Law No. 41...more

Pullman & Comley, LLC

Common Questions About the Automatic Orders in Divorce

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When you are going through a divorce, one of the first documents you will review (and if you have not, you should) are the automatic orders that accompany any complaint. ...more

Cozen O'Connor

When Payments Halt Progress: Dispute Resolution Via Parenting Coordination

Cozen O'Connor on

Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting coordinator, an alternative...more

Fox Rothschild LLP

When Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)

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In the late 1990s when the Child Support Guidelines were drastically changed to account for overnight parenting as well as shared parenting, the terms Parent of Primary Residence (PPR) and Parent of Alternate Residence (PAR)...more

Cozen O'Connor

Reconciling Spouses and Retroactive Child Support

Cozen O'Connor on

How are child support obligations affected when formerly married couples reconcile numerous times? When do children of the marriage become independent? In a recent case heard by the Supreme Court of British Columbia, the...more

Bowditch & Dewey

Love and Personal Property – Who Keeps the Ring?

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Who keeps the engagement ring when the knot is never tied? A new answer to this age-old question may be coming to Massachusetts as the Supreme Judicial Court considers the case of Johnson v. Settino. The engagement ring at...more

Bradley Arant Boult Cummings LLP

Preserving Business Value in High-Net-Worth Divorces: The Mutual Benefits of Adopting a Win-Win Approach

Entrepreneurs are incredibly devoted to the success of their business, but even a thriving company may be severely impacted by a high conflict marital divorce. When a couple decides to part ways, the ripple effects can extend...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

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When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Bowditch & Dewey

Fox and Family? Lessons from the Murdoch Family Trust

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Irrevocable trusts can be effective for estate planning, but they can also create problems. This blog post will draw lessons from the case of Rupert Murdoch, the billionaire owner of Fox News and News Corporation, who is...more

Orrick, Herrington & Sutcliffe LLP

California enacts mortgage law on co-borrowing with divorces

On September 22, the Governor of California signed AB 3100 into law (the “Act”) which will change the requirements for conventional home mortgage loans in the state. The legislation will require any conventional home mortgage...more

Bowditch & Dewey

Beniffer is benefinished…and didn’t have a prenup!

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Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more

Foster Swift Collins & Smith

Striving for Fairness – How do Courts Deal with a Couple's Ongoing Financial Obligations During Divorce Proceedings?

During the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my...more

Awatif Mohammad Shoqi Advocates & Legal...

Muslim and Non-Muslim Divorce Procedure Under the UAE Law

Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims. Previously, Federal Law No. 28 of 2005 regulated personal status matters for both Muslims and non-Muslims along with certain...more

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?

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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?

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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

Bowditch & Dewey

A Lesson on Presumptive Durational Limit of Alimony

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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

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