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Spouses Equitable Distribution Marital Assets

Weber Gallagher Simpson Stapleton Fires &...

From White Smoke to White Dresses: Why Prenups Belong in Wedding Planning

As people await the much anticipated white smoke to appear for the selection of the new Pope, another anticipated event comes around this time of year. Wedding season is upon us, and although most couples feel a conclave of...more

Lewitt Hackman

Who Gets What in a California Divorce?

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Dividing assets in a divorce is one of the most complex aspects of an already emotionally, physically, and financially challenging process. Without a prenuptial agreement or a postnuptial agreement, determining who gets what...more

Kohrman Jackson & Krantz LLP

What to Expect at a Final Hearing in a Domestic Relations Lawsuit

You’ve done all the hard work in your divorce or dissolution action. You’ve exchanged any requisite documents and other discovery, made a full and complete disclosure of all your assets, liabilities and income, and completed...more

Kaufman & Canoles

5 Practical Steps to Take Upon Separation

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Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of...more

Ward and Smith, P.A.

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

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Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Offit Kurman

New York Takes a Progressive Step with Uncontested Joint Divorce

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On January 31, 2025, the Chief Administrative Judge of the State of New York announced an inventive pilot program designed to change how the court system processes divorces, introducing the concept of "uncontested joint...more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

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Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

DarrowEverett LLP

Florida Divorce Ruling on Personal Goodwill Could Impact Other States

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In early July 2024, Florida enacted a significant amendment to its equitable distribution statute, particularly concerning the treatment of personal goodwill in divorce proceedings. These changes, coupled with the pivotal...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Divorce: The Importance of Financial and Appraisal Experts

Divorces are stressful and emotionally challenging. Amidst feelings of loss and uncertainty, there are practical matters that require careful attention, especially when it comes to financial assets. In addition to having a...more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Jaburg Wilk

Seven Myths about Getting Divorced in Arizona

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We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

A House Divided-Who Keeps the House in a Divorce?

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better...more

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

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April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more

Fox Rothschild LLP

Divorce Lawyers Facing Their Own Navigation Issues as Social Security Veers Off Course.

Fox Rothschild LLP on

It’s an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control,...more

Fox Rothschild LLP

Pervasive Family Law Themes in Reality TV Part I

Fox Rothschild LLP on

I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or...more

Fox Rothschild LLP

HOLD ‘EM OR FOLD ‘EM? Volatile Assets During Divorce

Fox Rothschild LLP on

The assets we write about are nice ones to own. Philadelphia is home to a significant research and technology investment community. Pittsburgh also hosts these kinds of businesses. They can create special problems in a...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

Moving “Family” Money: An Irksome Question

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As my colleague Eric Solotoff of the New Jersey Family Law Blog noted in a recent post the 2024 Divorce Season officially launched on January 2 as many unhappy couples defer taking action until the holidays are over and folks...more

Fox Rothschild LLP

The 529 Plan Hangover; Disposing of Unused Funds.

Fox Rothschild LLP on

Modern day divorce brings us assets in many forms and many of them are “pregnant” with tax consequence when they are divided. In almost all cases, couples who can’t agree on much do tend to acknowledge that money they have...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

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When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Fox Rothschild LLP

The Chair that George Washington Sat On. How Personal Property Gums Up Your Divorce.

Fox Rothschild LLP on

When they aren’t killing each other in courtrooms, people who practice family law can be an affable and interesting crowd. Lawyers in this business clash all the time so it can be tough to maintain a grudge. After so many...more

Fox Rothschild LLP

Be Prepared for Your Divorce Series: Part II – Gather Your Proofs

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In anticipation of this series, I reached out to some former clients and asked them: How could you have been better prepared for your divorce? One client told me that she wished she had gathered all her proof documents...more

Lasher Holzapfel Sperry & Ebberson PLLC

A Primer on Community vs. Separate Property in Washington State

As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts...more

Fox Rothschild LLP

UNHAPPY AT HOME? Think About What You Own

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Contrary to the prevailing belief in 1980 when Pennsylvania became a no-fault state, liberalization of the divorce laws did not prompt an avalanche of divorce. After many years focusing my practice in this field, it became...more

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