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Divorce Arbitration

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.
Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Managing Divorce: Safeguarding Your Business and Finances - May 29th, 12:00 pm - 1:00 pm ET

Divorce is a deeply personal and emotional process that can have significant implications for your business and financial stability. When business ownership is involved, navigating divorce proceedings becomes increasingly...more

Fox Rothschild LLP

Family Law Arbitration Act Passes General Assembly.

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The news out of Harrisburg is that both chambers of the General Assembly have passed what is termed House Bill 917, formally the Uniform Family Law Arbitration Act. This comes almost five years after the Revised Uniform...more

Jaburg Wilk

Win Your High-Stakes, Complex Divorce by Staying Out of Court

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People seeking to resolve their complex, high net worth divorces in the Family Law Division of the Maricopa County Superior Court in the State of Arizona can find themselves trapped in a system that is not well suited to meet...more

Fox Rothschild LLP

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

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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

Burns & Levinson LLP

Dos and Don’ts of Divorce Mediation and Conciliation

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Mediation or conciliation can help resolve your divorce amicably and without contested litigation in Court. For many divorcing couples, mediation or conciliation can provide numerous benefits, including...more

Pullman & Comley, LLC

Arbitrations May Save Time, Money and Distress in Divorce Proceedings

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Divorce is rarely, if ever, a happy process. The fundamental disagreements that lead a spouse to file for divorce may create chronic distrust and animosity.  The additional conflicts spawned during a lengthy pretrial process...more

Lasher Holzapfel Sperry & Ebberson PLLC

Coming Soon to Washington State: The Uniform Family Law Arbitration Act

On January 1, 2024, the Uniform Family Law Arbitration Act (UFLAA) goes into effect in Washington State. The UFLAA is a new law that will allow many family law issues to be resolved in an out-of-court arbitration process...more

Fox Rothschild LLP

Compliance with Agreement to Submit to Bais Din’s Jurisdiction on the Issue of Get Not Optional, Appellate Division Rules

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Recently, several decisions have been released by the Appellate Division concerning when, where, how, and when a Court compel parties to submit to the authority of the Bais Din on Get-related issues. My February, 2023 blog...more

Jaburg Wilk

How to “Win” in Your Divorce

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No one contemplates divorce when they are getting married. While some people plan with a pre-nuptial agreement, many do not. If that relationship, which was at one point the most important and fulfilling aspect of your...more

Fox Rothschild LLP

Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement

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Get refusal is an issue to which secular courts have yet to find an adequate solution because of constraints implicating freedom of religion and the state’s prohibition against entanglement with religious doctrine. In New...more

Fox Rothschild LLP

Escalating concerns about pet custody in divorce/separation

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As more and more couples are disputing pet custody issues when divorcing or separating, there is increasing concern in the legal community about how to fairly adjudicate these disputes, without unnecessarily burdening the...more

Fox Rothschild LLP

Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?

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One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration. In general, at the outset of a divorce, one chooses amongst these paths. ...more

Miles Mediation & Arbitration

Create Your Own Solution: Seven Compelling Reasons to Mediate Your Family Law Case

Today, lawyers are turning to mediation more frequently than ever before. Mediation offers a number of benefits, including the opportunity for parties to be heard; a chance to save time and money and avoid the costs of...more

Fox Rothschild LLP

Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can...

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An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic community seeks to withdraw their children from certain...more

Fox Rothschild LLP

Vacating an Arbitration Award in the Bais Din – Part II

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If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will discuss vacating particular provisions related to custody and parenting time...more

Fox Rothschild LLP

Top 10 Divorce Trends in 2022

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As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its ups and downs, but as the pandemic has waned, 2022 has also presented...more

Fox Rothschild LLP

Vacating an Arbitration Award in the Bais Din – Part I

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I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate is legally sufficient, but the...more

Fox Rothschild LLP

Do Not Sign Agreement to Arbitrate Without the Advice of a Lawyer

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If you learn nothing else from my blog series on Arbitrations in the Bais Din, remember this one caveat: do not sign an Agreement to Arbitrate without the advice of counsel. Doing so could prove catastrophic for you, your...more

Fox Rothschild LLP

Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues

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Let’s start this one with a hypothetical. A divorce action has been filed against you by your spouse. A very important court date is coming up regarding the children and somehow you find yourself in Bais Din. You are swept up...more

Fox Rothschild LLP

Prohibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din

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Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing a black robe, and many of the...more

Fox Rothschild LLP

Considerations for Custody Arbitrations in Bais Din

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In my last blog post, I reviewed the requirements for parties to submit their marital disputes to Bais Din under New Jersey law, which is provided for under New Jersey Court Rule 5:1-5(b). However, special considerations...more

NAM (National Arbitration and Mediation)

Valuation Disputes and Disagreements – ADR Could Be the Solution for Dissolution

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Valuation disputes arise in many contexts. Whether a legal dispute over a business dissolution or equitable distribution disagreement in a...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk Mediation, Arbitration, and Conciliation

What is the difference between mediation, arbitration, and conciliation? How does each of these affect a family law case such as divorce or child custody? Who needs to be present during each of these proceedings? Learn more...more

NAM (National Arbitration and Mediation)

Takeaways From The CLE Program, “ADR In Divorce: Fast-Tracking Resolutions”

Recently, NAM and the ABA collaborated in conducting a CLE webinar entitled, ADR in Divorce: Fast Tracking Resolutions. Three of NAM's well-regarded neutrals, Hon, Jeffrey S. Brown (Ret.), Elena Greenberg, Esq. and Hon....more

Fox Rothschild LLP

No “Do-Overs” When You Agree To Arbitrate Your Divorce

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As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be mediation or binding arbitration. One reason that people choose the arbitration route is that they are...more

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