Family Law

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  • How Can I Kick My Wife or Husband out of the House?

    Farzad Family Law
    B. Robert Farzad
    25 Apr 2015 | 11:48 pm
    Question: How can I kick my wife or husband out of the house in California? Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis. A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally? In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks…
  • Can Permanent Alimony Be Modified?

    Dads Divorce
    Shawn Garrison
    25 Apr 2015 | 5:00 am
    Question: I am 62 years old and am paying permanent alimony. I am paying nearly $1,500 per month and don’t think I will ever be able to retire. Is there anything I can do to modify or terminate my alimony payments? Answer: I do not have all the facts of your specific case so I cannot provide you a full and complete response and can only provide you general tips regarding alimony. I am not sure what your divorce decree and/or settlement agreement, if any, provides with regard to alimony. Some agreements may waive the statutory right to modification of alimony. If your agreement does not…
  • Divorce reduces retirement income

    Marilyn Stowe Blog
    Stowe Family Law Web Team
    27 Apr 2015 | 11:00 pm
    People who plan to retire this year are likely to be £2,100 per year worse off on average if they have been divorced, an insurance firm has claimed. Prudential publishes annual assessments of the prospects of people planning to retire over the coming 12 months. Its newly published Class of 2015 report cites the average annual income of people planning to retire this year as £17,800 for those who have never been divorced, but only £15,700 for those who have. Divorcees are also more likely to delay retirement than others, and the one in five who retire with debts are likely to owe more if…
  • JUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO MEDIATION – SHOCKING!?!

    NJ Family Legal Blog
    Eric S. Solotoff
    23 Apr 2015 | 7:42 am
    We have all had this happen.  Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts.  Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable.  So you come to court to argue your motion and the judge urges you to settle again before hearing argument.  Ok, settlement on the courthouse steps is not uncommon, but often, a review of the motion papers should make it clear whether there is any prayer or a consensual resolution.  Worse yet, after…
  • Jenny Stevens Is Now A Certified Family Court Mediator

    The Stevens Firm, P.A.
    Ben Stevens
    27 Apr 2015 | 5:30 am
    The Stevens Firm is pleased to announce that partner, Jenny R. Stevens, is now a Certified Family Court Mediator and is offering mediation services at our Spartanburg offices located at 349 E. Main Street, Suite 200 in Spartanburg, SC.  Mrs. Stevens has practiced exclusively in Family Court as both an attorney and a private Guardian ad Litem for several years, and she is well-versed in the intricacies of both simple and complex Family Court cases. While mediation has become a mandatory process in the South Carolina Family Court, Mrs. Stevens believes that mediation is most certainly an…
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    The Stevens Firm, P.A.

  • Jenny Stevens Is Now A Certified Family Court Mediator

    Ben Stevens
    27 Apr 2015 | 5:30 am
    The Stevens Firm is pleased to announce that partner, Jenny R. Stevens, is now a Certified Family Court Mediator and is offering mediation services at our Spartanburg offices located at 349 E. Main Street, Suite 200 in Spartanburg, SC.  Mrs. Stevens has practiced exclusively in Family Court as both an attorney and a private Guardian ad Litem for several years, and she is well-versed in the intricacies of both simple and complex Family Court cases. While mediation has become a mandatory process in the South Carolina Family Court, Mrs. Stevens believes that mediation is most certainly an…
  • Actress Embroiled In Lawsuit Over Frozen Embryos

    Ben Stevens
    24 Apr 2015 | 5:30 am
    One of the stars of the hit ABC comedy Modern Family is embroiled in a legal dispute about her own modern family planning techniques. The issue involves Sofia Vergara being sued by her former fiancé, Nick Loeb, over ownership of two frozen embryos the couple created and froze while still together. Loeb filed suit against Vergara in an attempt to prevent the actress from destroying two embryos the couple created during IVF and had preserved in case of their eventual marriage. Loeb says he always wanted to be a father and wants to do whatever he can to save these embryos. Loeb believes life…
  • April 2015 – Helpful Family Law Insights

    Ben Stevens
    23 Apr 2015 | 3:00 pm
    Our April 2015 newsletter, Helpful Family Law Insights, was published today. Read this edition by clicking the image below. Sign up to receive future editions by clicking here. The post April 2015 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • Important Changes Proposed Regarding Child Custody Laws

    Ben Stevens
    23 Apr 2015 | 5:30 am
    A recent Wall Street Journal article discussed an important trend in the family law world – the push by state legislators to mandate equality in child custody laws. Currently, 20 states are considering legislation that would encourage equality in custody decisions, an unprecedented wave of support for change that has found its fair share of supporters, as well as detractors.  South Carolina experienced one such push in 2012, during which many of our state’s leading family law attorneys, including Ben Stevens, testified before our state legislature on this issue. Many of the measures…
  • 6 Steps to Avoiding Messy Custody Battles

    Ben Stevens
    22 Apr 2015 | 5:30 am
    The process of divorce or ending a long-term relationship is messy and emotionally taxing. When there are children involved the emotions can run even higher, and the entire process can get even messier. Every day there are hundreds of stories about messy and long-winded custody battles, but it doesn’t have to be that way. If you are currently in the position of trying to figure out how to win a custody battle, we have six, actionable steps, that can make an amicable custody arrangement much easier to come by. How to Avoid Messy Custody Battles Step 1: Seek Mediation or come to an…
 
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    family law news - Google News

  • Law Society publishes updated guidance for solicitors who publicise their charges - Family Law (registration)

    28 Apr 2015 | 1:49 am
    Law Society publishes updated guidance for solicitors who publicise their chargesFamily Law (registration)The Law Society has published updated guidance for solicitors who publicise their services using 'headline' prices, which represent the charge for a given service, including in quotes, adverts, online services and client care information. Some
  • How Family Law Attorneys Tend to Think, Part I - Huffington Post

    27 Apr 2015 | 1:13 pm
    Huffington PostHow Family Law Attorneys Tend to Think, Part IHuffington PostOn April 23, 2015, I read an article titled "Solid negotiation skills crucial for family lawyers," which I felt was an important read for both the public and my colleagues. I therefore shared the article over the social media and with the members of
  • Bromfield v Bromfield [2015] UKPC 19 - Family Law (registration)

    27 Apr 2015 | 3:34 am
    Bromfield v Bromfield [2015] UKPC 19Family Law (registration)The Property (Rights of Spouses) Act (which also, and enviably, confers rights on certain non-marital cohabitants) confers on the court following divorce limited redistributive powers in relation to the family home and wider such powers in relation to
  • Divorce can cost £2100 per year in lost retirement income - Family Law Week

    26 Apr 2015 | 6:35 am
    Divorce can cost £2100 per year in lost retirement incomeFamily Law WeekFamily Law Week · Home · Create account · Subscribe to our CPD · Current CPD Courses · News · News Feeds · News Archive · Judgments · Articles · Podcasts · PDs & Guidance · Monthly Newsletters · Recruitment · Advertising on FLW · About Us · Contact ...and more »
  • Local detective, William Hill, proudly recounts family's law enforcement history - newszap.com

    26 Apr 2015 | 4:13 am
    Local detective, William Hill, proudly recounts family's law enforcement historynewszap.comWhile with the Okeechobee City Police Department, Jack Hill (second from left) helped recover some stolen televisions. Pictured with their recovery are: (left to right) Chief Carlyle Thomas, Jack Hill, Curtis Phelps, Billy Arnold and R.E. Thomas. It's
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    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr

  • Husband Sentenced to Minimum of Thirty Years for Murdering Wife on Day She Filed for Divorce

    Janet Langjahr
    19 Apr 2015 | 8:43 pm
    Husband and Wife have been married for more than twenty years, but they are separated. There is a history of domestic violence by Husband. Wife is ready to move on. Wife files for divorce. Wife then texts a friend that Husband is at her home and she is going to tell Husband that she filed for divorce. That is the last thing seen or heard from Wife alive. She vanished after that. Until her remains were found ten days later, beaten to death. A witness saw Husband the night Wife went missing. He was by his car, wearing latex gloves, in the vicinity of where Wife’s body was found. Husband…
  • Wife Who Defeated New York Prenup Arrested for Trying to Board Plane with Brass Knuckles

    Janet Langjahr
    17 Apr 2015 | 8:34 pm
    New York Wife doesn’t just take things lying down. For example, her multi-millionaire Husband lobbed a prenuptial agreement at her just a few months before their extravagant wedding. And threatened to back out of their wedding if she didn’t sign it. After her parents had shelled out $40,000 for the reception. For other folks, that’s a chunk of change. The thing is though, according to Wife, Husband promised her a) that he would add her to the title of their home and b) that he would shred the prenup after they had children together. Well, they did. But he didn’t. So…
  • Deja Vu: Another Chinese Mother Allegedly Abducts Child, Who is a US Citizen, to China, on heels of last such similar incident

    Janet Langjahr
    15 Apr 2015 | 9:46 pm
    American Husband and Chinese Wife meet overseas while Husband is serving in the military. In time, they marry and their Son is born on a US military base. After Husband completes his service, Husband, Wife and Son move to Utah. Husband and Wife’s marriage breaks down and they divorce. Husband and Wife agree to joint legal custody of Son … despite Wife’s alleged assault on Husband with a knife and Wife’s arrest for child neglect. As part of their divorce, Husband and Wife agree that Son can travel to China with Wife to visit with relatives. Husband saw Wife and Son off to…
  • Convicted American Would-Be Islamic Terrorist Sues FBI for Invading His Privacy in Prison and Sharing Private Information for Use in a Child Custody Proceeding

    Janet Langjahr
    13 Apr 2015 | 7:21 pm
    Husband and Wife have a five year old Son together. Husband, although born and raised in the US, converted to Islam and has repeatedly sought to travel abroad to enlist with terrorist groups there. He has gone so far as to take Son with him to the airport on such ventures, to foster the illusion of innocent ordinariness. But Husband’s actions and threats delivered via the internet thrust him on the radar of the FBI years ago. And ultimately landed him in jail for roughly the next twenty-five years. And Wife’s silent loyalty to Husband got her deported from the US. (She is from…
  • Mother Convicted and Sentenced in Death of Her Baby … Although Mother Blames Her Toddler

    Janet Langjahr
    11 Apr 2015 | 7:48 pm
    Two month old Baby dies in Pennsylvania in 2003. Authorities investigate. Mother blames Baby’s death on Mother’s 2 year old Daughter throwing Baby out of a swing. Mother and her family return to their home state of Alabama. Where, more than a dozen years after Baby’s death, Mother is finally arrested for murder and child endangerment. At Mother’s trial, three medical experts reject Mother’s explanation of the circumstances of Baby’s death, stating that Baby’s injuries are not consistent with a fall from a swing. The prosecution asserts Baby’s…
 
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    Family Law Prof Blog

  • Parenthood

    Family Law
    22 Apr 2015 | 2:56 pm
    From CNN: Robert Boardwine's path to fatherhood was unconventional, but Virginia's appeals court said Tuesday he is legally entitled to be a part of his son's life. Boardwine's friend, Joyce Bruce, had used his sperm and a turkey baster to...
  • Fertility Agreements

    Family Law
    18 Apr 2015 | 11:47 pm
    From Daily News: The legal battle actress Sofia Vergara is waging with ex-boyfriend Nick Loeb over frozen embryos is one that couples have fought since at least the early 1990s. “It’s coming up more and more frequently,” said George Washington...
  • Book Series on Families, Law, and Society

    Family Law
    14 Apr 2015 | 11:21 pm
    Families, Law, and Society is a fascinating book series from NYU Press, see the book line up here: Download Families, Law, and Society Book Series. General editor Nancy E. Dowd (University of Florida) notes: "All of these wonderful volumes are...
  • "A New Juvenile Justice System"

    Family Law
    14 Apr 2015 | 11:15 pm
    A New Juvenile Justice System is being published mid-May. Download Juvenile Justice Flyer and discount form. Edited by Nancy E. Dowd, Foreword by Charles J. Ogletree , Jr., A New Juvenile Justice System aims at nothing less than a complete...
  • "Destination Divorces"

    Family Law
    10 Apr 2015 | 12:32 am
    From Quartz: I was sipping wine on the balcony of my apartment in Santa Monica with my soon-to-be ex-husband, our son fast asleep in the next room. “It feels like the Caribbean out here,” my almost-ex said. “I figured out...
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    Missouri Divorce & Family Law Blog

  • No spousal support (alimony) award that leaves paying spouse negative income

    Kansas City Divorce Attorney Mark Wortman
    27 Apr 2015 | 12:07 pm
    Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute Husband appeals from the trial Court’s judgment awarding $1,000 in monthly maintenance to his former spouse.  Husband asserts that the trial court abused its discretion in that the award exceeds his ability to pay. When determining the amount of maintenance, a trial court must balance the reasonable needs of the spouse seeking maintenance against the ability of the other spouse to pay. Here, the trial court acknowledged that…
  • Employer required to garnish child support

    Kansas City Divorce Attorney Mark Wortman
    6 Apr 2015 | 8:29 am
    Recent case: Employer is required by law to comply with child support wage garnishment orders from the Family Support Division The employer of a father ordered to pay child support appeals the trial court’s judgments in favor of the Department of Social Services Family Support Division after the employer failed to comply with income withholding orders. The trial court ruling was affirmed. When a wage garnishment for child support is sent to an employer, the employee has 30 days to contest the order based only on mistakes of fact as to the identity of the employee or the amount of the…
  • Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

    Kansas City Divorce Attorney Mark Wortman
    22 Feb 2015 | 8:48 am
    Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree increasing his maintenance obligation from $4000 to $4400 per month. Holding: Reversed and remanded to trial Court The trial court erred in including attorney fees in its calculation of Wife’s reasonable monthly expenses. In order to modify maintenance, the Court must find that there is a substantial and continuing change in circumstances from when…
  • 10 facts about divorce that every divorcing parent should consider

    Kansas City Divorce Attorney Mark Wortman
    1 Feb 2015 | 12:57 pm
    The following points are from a recent article on today.com, published by a divorce mediator.  If you are in the middle of a divorce or contemplating a divorce in Missouri, these are all excellent points to think about. 10 facts about divorce you should consider: 1.     Even if you are the one who wants to get divorced, you may often feel sad, loss, fear, anxiety. 2.     Just because you are divorced, all of your problems don’t just disappear. You still need to deal with your ex — particularly if there are children involved. 3.     Once the divorce papers are signed, now…
  • Parenting plan must have written time schedule and address holidays

    Kansas City Divorce Attorney Mark Wortman
    18 Jan 2015 | 8:41 am
    Recent Case:  Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges the trial court’s designation of Father’s home as the child’s residence for school and mailing purposes and its division of parenting time in its parenting plan.  The case was affirmed in part, reversed in part. The trial Court found that the evidence at trial supported the Court’s findings regarding custody and parenting…
 
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    Divorce Discourse

  • True Story: Law Firm Phone Answering Gone Badly Awry

    Lee Rosen
    27 Apr 2015 | 4:30 am
    It’s Wednesday afternoon, and an instant message pops up on my screen. One of my intake people wants to know whether we’re still referring to a particular attorney in a particular city when we can’t take the case. “Yes,” I respond in my curt manner. Suddenly feeling chatty, I typed, “Why?” “Because they seem irritable in her office when we transfer the clients over to them,” she explained. “What’s that about?” I wondered. Who gets irritable about a new client? Personally, I get giddy. I told the intake person that I’d investigate, and I immediately called the…
  • Should You Blog?

    Lee Rosen
    23 Apr 2015 | 4:30 am
    Whether you should blog has little to do with you. It has even less to do with the vendor sitting across from you trying to sell you a blog. You should start by thinking about your audience. That’s the starting place. Ask yourself whether your audience wants you to blog. Think About Your Process for Hiring Vendors Here’s what I mean. Let’s shift gears for a minute. Let’s think about dead people. Someone is dead. You’re in charge. You need to deal with the body. It’s your problem. What do you do? Odds are you know someone who went through this recently. You call her…
  • She Who Hesitates Is Lost

    Lee Rosen
    22 Apr 2015 | 4:30 am
    A couple of my key employees bought me one of those NASCAR race experiences. I learned a lesson about trust from my day at the racetrack. I learned about trusting the system and following instructions, and I saw how doing those things translates into results. The NASCAR visit was cool. You get to drive a stock car around the track eight times at about 130 miles per hour. It’s a big thing for NASCAR fans. I’m not a fan, but I thought driving the car might be fun, so I went for it. In fact, I invited the guys who gave me the gift and bought them each a ticket. The Experience The three of us…
  • Initial Consult Prep With Readily Available Data

    Lee Rosen
    21 Apr 2015 | 4:30 am
    Miles Mason is a serious lawyer. I never expected a good technology idea to come from him. You’ll understand my surprise when you realize that he’s also a CPA and that he wrote The Forensic Accounting Deskbook. I can barely read that title without falling asleep. He’s also written a great website on Tennessee Divorce. Thankfully, it’s more interesting stuff. I mean, he’s a nice guy and all, but a tech idea? I didn’t see that coming. How to Use Technology to Prep for Your First Meeting But that’s what I got in a meeting with him recently. He was talking about how he prepares for…
  • The Wisdom of Balancing Cash Flow by Mixing Practice Areas

    Lee Rosen
    20 Apr 2015 | 4:30 am
    “We’re going in together because I’m doing personal injury and she’s doing family law,” he said. “I get large fees, but they’re spread out and unpredictable,” he continued. “She gets a steady stream of smaller fees,” he said. He’s planning on using her fees to balance out his fees so they have regular cash flow. I hear some variation on this theme every week. This is the story we tell ourselves when we join forces with another lawyer so we don’t have to do this alone. How does it work out? Fast forward to when the big fee comes in…. It arrives. It’s the one we…
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    UPDATES IN MICHIGAN FAMILY LAW

  • Domestic Violence | Pulitzer Prize-Winning Investigative Reporting

    Jeanne M. Hannah
    27 Apr 2015 | 6:09 am
    The Post and Courier of Charleston, S.C., with a staff of about 80 and a daily circulation of 85,000, won the most prestigious of the Pulitzer Prizes for journalism awarded on Monday, a Gold Medal for Public Service reportage. The 7-part series begins: "In South Carolina, more than 300 women were shot, stabbed, strangled, beaten, bludgeoned or burned to death over the past decade by men, dying at a rate of one every 12 days while the state does little to stem the carnage from domestic abuse."
  • Service of Process by Facebook or Email?

    Jeanne M. Hannah
    24 Apr 2015 | 9:34 am
    Should courts allow service of process by Facebook or other social media, by text, or by email? Some might Should courts allow service of process by Facebook orother social media, by text, or by email? Some might say, “Well why not? So many people are finding their future spouse online. Why is it crazy to allow them to use the Internet to post notice of a divorce proceeding via social media?
  • Home Alone | Part VII | Age Restrictions By State

    Jeanne M. Hannah
    24 Apr 2015 | 8:52 am
    Since 2007, I've been blogging about parents leaving children home alone. Part VI of that series explains how to assess readiness of a child or children to be left alone and also provides links to the earlier posts in this...
  • Emancipation of Minors

    Jeanne M. Hannah
    19 Apr 2015 | 3:47 am
    I receive, on average, at least two emails per month from minors who ask me whether they can choose which parent with which they want to live. I try to respond to these, if possible. Generally speaking, my response to them is that they need to try to get an intermediary involved so that they have an adult supporting them.
  • Jewelry: Marital or Separate Property?

    Jeanne M. Hannah
    6 Apr 2015 | 8:15 am
    Divorce clients frequently ask questions about their jewelry, such as: "Is the jewelry I inherited from my family my separate property?" or "Is my jewelry given to me by my husband my separate property?"
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    Divorce Law Journal

  • Published Child Support Opinion From Ky Court of Appeals Today: Testimony from Litigant Outside the Country and Application of Child Support Guidelines

    Diana L. Skaggs
    10 Apr 2015 | 9:39 am
    MOSKOVITZ V. MOSKOVITZ Appellant’s motion to modify child support was denied by the Circuit Court because Appellant could not attend a hearing in person. Appellant was a resident of Venezuela and unable to legally enter the United States. The Appellate Court reversed and remanded the Circuit Court’s decision, holding the Circuit Court abused its discretion, as the child support modification statute does not require a party’s physical presence at a hearing. The Circuit Court has an affirmative duty to apply the child support guidelines in any action to modify a child support order.
  • Published Domestic Violence Opinion from Ky Court of Appeals March 13, 2015

    Diana L. Skaggs
    30 Mar 2015 | 6:34 am
    HOLT V. HOLT The appellant appealed a Bullitt County DVO, arguing the court lacked jurisdiction to enter a DVO. The petition for a DVO was originally filed in Nelson County. It was transferred to Bullitt County after the Nelson District Court determined Bullitt County would be more appropriate, as the court was already familiar with the parties. The Appellant Court first addresses subject matter jurisdiction holding that the Kentucky Family Courts all have jurisdiction to preside of matters involving domestic violence. The Court then turns to venue and finds that both the county where the…
  • Published Child Support Termination Opinion from Ky Court of Appeals Today - Home-schooled high school senior

    Diana L. Skaggs
    27 Mar 2015 | 11:43 am
    MIX V. PETTY Appellant appeals the decision of the family court to terminate child support on May 30, 2014 for a home-schooled child remaining in high school after his 18th birthday. Appellant argued child support should either terminate on June 30, 2014, or extend until the child completed his senior year in November 2014. The Appellate Court affirmed in part, upholding the family court’s decision not to extend child support through November 2014, given the trial court’s discretion and the circumstances of the case. The Appellate Court reversed in part, holding the plain language of KRS…
  • Published Family Law Opinion from Ky Court of Appeals Today -Directed Verdict Dismissing Termination of Parental Rights Petition Against Imprisoned Father Affirmed

    Diana L. Skaggs
    13 Feb 2015 | 11:20 am
    COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. C.L.H., ET AL. The Appellate Court affirms the Trial Court’s grant of a directed verdict and dismissing the Cabinet for Health and Family Services’ (CHFS) petition to terminate the parental rights of father. Although the father is in Federal prison on drug charges until 2019, his prior involvement with his child was positive and beneficial. Additionally, father maintains regular prison visits with the child which are also beneficial. The father’s incarceration and length of incarceration alone  are not enough to…
  • Published Family Law Opinion from Ky Court of Appeals Today, Equitable Estoppel Precludes Vacating Paternity Judgment

    Diana L. Skaggs
    13 Feb 2015 | 9:01 am
    K.W. V. J.S. In Family Court, father made a CR 60.02 motion more than three years after entry of a paternity judgment, arguing the biological mother made material misrepresentations to him to induce him to agree to a paternity judgment. The Family Court denied the CR 60.02 motion and discontinued child support. The Appellate Court affirmed the Family Court’s denial of father’s CR 60.02 motion. Father was equitably estopped from setting aside the paternity judgment, as the he allowed the children (twins) to call him “daddy,” maintained a relationship with the children, waited over…
 
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    International Family Law

  • Mexico “enforces” the Hague Convention by returning the wrong child:

    23 Apr 2015 | 12:22 pm
    Joy, Anger for Family of Mexican Girl Wrongly Sent to USBy PETER ORSI Associated Press  When a woman in Texas claimed that Alondra Luna Nunez was her long-lost daughter, the girl's real parents in Mexico say they presented more than a dozen documents from baptismal records and a copy of her birth certificate to family photographs. They were sure it was enough to demonstrate her true origins.In the end, they say, Alondra was sent screaming to the U.S. based on a scar on the bridge of her nose resulting from a remote-control car mishap as a young girl. And they blame…
  • What is International Family Law?

    21 Apr 2015 | 9:27 am
    By Jeremy D. Morley           International family law is a loose term that describes any and all family law matters that have an international element. That element may be that a spouse, a spouse-to-be, or a child is a national or domiciliary of another country. Or it may be that the spouses are in a country other than their country of origin, or that a child is away from its country of origin, or that spousal assets are in another country. It may even include a family that lives in the country of origin of all members of the family, one of…
  • The Role of the International Family Lawyer

    20 Apr 2015 | 1:07 pm
                                      Jeremy D. MorleyA key role of the international family lawyer is to review the big picture of an actual or proposed family law case that has an international component. In most such cases the international family lawyer will work with local lawyers in the various jurisdictions. While the international family lawyer will contribute to the team's discussions concerning the laws of countries, states,…
  • Child Visitation to Israel

    8 Apr 2015 | 9:21 am
    Jeremy D. Morleywww.international-divorce.comA recent case in Iowa illustrates some of the issues that arise when one parent wants to take a child living in the United States to visit Israel. In Marriage of Stern, 2015 WL 568584 (Table) (Iowa App.,2015), a father who resided in Israel successfully challenged a geographical restriction that limited his visitation with his son to visitation within the United States where the child lived with his mother. The Iowa Court ruled that, “Our case law also does not recognize any limitation on visitation rights solely because one of the parents…
  • Indian American Parents of ‘Abducted’ Kids Seek U.S. Help

    1 Apr 2015 | 8:25 am
    Lalit K. Jha, Press Trust of India | Posted: Monday, March 30, 2015 3:00 pmIndian American parentsA group of Indian American parents held a candle light vigil outside the White House on Mar. 25, 2015, seeking the U.S. government’s help in reuniting them with their “abducted” children from India. (photo courtesy of Ravi Parmar)Washington, D.C. — Around 60 Indian American parents have asked the U.S. government and Congress to consider imposing sanctions on India, alleging that they have "not been able to get justice" from the Indian system in reuniting with their kids who have been…
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    Divorce and Family Law in Tarrant County, Texas

  • April 1st -- Summer Possession Notice Deadline -- No Fooling!

    1 Apr 2015 | 5:51 pm
    A Reminder and Word of Warning: In Texas, the standard possession schedule has a provision that the parent who is given the right to have the children for up to 30 days in the summer must notify the other parent of the dates when he or she wants the children.  That notice needs to be sent by April 1 each year.If the parent with the possession schedule does not send out the notice by April 1, the standard provision then says that the parent's time is automatically the month of July, July 1-31.If you don't want your time in July, you better send out your notice by April 1 or you better be…
  • Why is it Taking so Long?

    1 Mar 2015 | 7:38 am
    There's more to a divorce than the start and finish.In many divorces, one party is much readier to finish the process than the spouse is.  Usually, that party has been thinking about and planning for the divorce quietly for a long time. The ready party often becomes very anxious to get through the process and start a new single life.Unfortunately for that person, the spouse can really slow down the process by requesting counseling, doing extensive discovery, having multiple hearings and by refusing to agree on things.  The party in a hurry gets frustrated by how slow the process…
  • New Year. New Start.

    1 Jan 2015 | 12:57 pm
    With a new year upon us, you may be deciding to take charge of your life.  You may be in a marriage that you know is going nowhere and which is slowly draining you of your energy and happiness.Even with that realization, change can be tough.  People get comfortable in the known situation even if they aren't really happy.Should you stay in a bad relationship that you know and understand, or should you file for divorce and enter a new and unknown stage of your life?That's a question that you have to answer.  As long as you stay in a bad relationship, you will see the question…
  • Having Happy Holidays!

    1 Dec 2014 | 8:22 am
    December can be one of the best times of the year or one of the worst. With the holiday season comes  opportunities for families to get together and spend extra time together.  When families are split up, the time has to be divided. Often one parent feels short-changed, and sometimes events don't fit neatly into court-ordered possession schedules. Usually, however, with the passage of time parents can get into a rhythm of sharing time with the kids and everyone can operate in that system.Here are some suggestions to help avoid major child-related problems around the…
  • Who Do You Want to Decide Your Future?

    1 Sep 2014 | 4:27 pm
    Here's a simple rule for divorces:  Despite what some people think, divorces are not simple or clear cut, unless there are literally no kids and no assets.  That eliminates cases where there kids, but you think you can agree on everything; they are still complicated.  That rule also eliminates cases where there's a retirement plan, real estate, debts, jointly owned assets or many other complications.For most divorces, that means that someone has to make some decisions.  The possibilities are you, your spouse, you and your spouse together or a judge, in most cases.  So…
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    New Jersey Family Law

  • PARSIPPANY MADISON MENDHAM FLORHAM PARK MORRIS COUNTY NJ GRANDPARENT VISITATION ARBITRATOR

    Charles Abut
    16 Apr 2015 | 5:55 am
    After the death of their son [the father of two unemancipated children],  these New Jersey paternal grandparents were prevented from seeing their grandchildren by the mother of the children. Then,  the grandparents sued for grandparenting time under the New Jersey Grandparent Visitation Statute [N.J.S.A. 9:2-7.1]. The trial court granted the requested visitation and is now affirmed on appeal.      M.K. and L.K. v. A.K., New Jersey App. Div., April 10, 2015
  • NEW PROVIDENCE BERKELEY HEIGHTS GARWOOD SUMMIT UNION COUNTY NJ DIVORCE CHILD EMANCIPATION MEDIATOR

    Charles Abut
    15 Apr 2015 | 8:33 am
    This 20 year-old New Jersey daughter failed to rebut the presumption of her emancipation. She voluntary left her mother's home at the age of 20 to live with her biological father. She simply withdrew from her parents' supervision and control, obtained part-time employment, sporadically attended school and arranged for her support in reliance upon the financial relationship she entered into with her biological father and his wife. Thus, the New Jersey divorce judge correctly ruled she emancipated herself.         Llewelyn, f/k/a Sewchuk…
  • VERONA MAPLEWOOD SHORT HILLS LIVINGSTON ESSEX COUNTY NJ DIVORCE SERVICE OF PROCESS MEDIATOR LAWYER

    Charles Abut
    3 Apr 2015 | 7:29 am
    In this matrimonial case, the divorce judge authorized the defendant husband to be served with the wife’s divorce complaint by use of Facebook, given the inability to locate him through use of more traditional methods.      Baidoo v. Blood-Dzraku, New York Supreme Court, April 3, 2015    
  • ENGLEWOOD ALPINE PARAMUS WALLINGTON BERGEN COUNTY NJ DIVORCE ALIMONY RETIREMENT MODIFICATION MEDIATOR

    Charles Abut
    2 Apr 2015 | 5:06 am
    The 55- year old ex-husband was entitled to a hearing as to his continued ability to pay New Jersey alimony to the ex-wife, given (a) his involuntary retirement and (b) his greatly increased medical expenses.          Pretlow v. Pretlow, New Jersey App. Div., April 1, 2015
  • CLIFTON TOTOWA HAWTHORNE LITTLE FALLS PASSAIC COUNTY NJ DIVORCE PARENTING TIME VISITATION MEDIATOR ATTORNEY

    Charles Abut
    31 Mar 2015 | 8:43 am
    The obligation of a New Jersey parent to provide child support stands separate from and independent of that parent's right to parenting time, especially since visitation is primarily for the benefit of the child.        E.C. v.C.W, New Jersey App. Div., March 30, 2015  
 
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    Family Lore

  • Re E-R (A Child): No presumption in favour of a natural parent

    24 Apr 2015 | 5:30 am
    Lady Justice KingA short note about a tragic case, Re E-R (A Child) [2015] EWCA Civ 405.Brief facts: The child was born in July 2009. The parents separated in March 2011 and the child remained with the mother. In September 2011 the mother was diagnosed with terminal cancer. As her condition worsened she increasingly relied upon the support of her friends the appellants, a husband and wife. In June 2014 the mother and child moved in to live with the appellants and the wife has been the child's primary carer for the last ten months. The mother made it clear that she wanted the appellants to…
  • Far more interesting than electioneering...

    24 Apr 2015 | 12:00 am
    ... not that that would be difficult. Why not take a break from the banalities of politicians' pontifications and head over to Marilyn Stowe’s Family Law & Divorce Blog, where my posts this week include the following:Transparency, transparency - Is it the universal panacea that will solve the image problem of the family justice system?CS v ACS: Profoundly unsatisfactory - The words of the President in CS v ACS & Anor, referring to the procedural minefield involved in re-opening first instance orders in financial remedy proceedings.Law on the cheap - Another example of how the…
  • Re H-B (Contact): All will be losers

    22 Apr 2015 | 5:13 am
    There is nothing really new about Re H-B (Contact) [2015] EWCA Civ 389, handed down today. In fact, it is all too depressingly familiar. It concerned a father's appeal against the refusal of his application for direct contact with his two daughters J and K, now aged 16 and 14, and the making of a s.91(14) order. The appeal was opposed both by the mother and the girls and was, perhaps unsurprisingly, dismissed. However, the comments of the President, Lady Justice Black and Lord Justice Vos aimed at the parents are worthy of note. I am going to pluck them out of their judgments, with little or…
  • On anniversary of key divorce law change charity fears couples miss vital help

    21 Apr 2015 | 4:01 pm
    A national family charity says desperate people going through family breakdowns are missing out on vital help because it is struggling to cope with a sharp rise in calls to its helpline since a key change in the law one year ago (22 April).In the year since it became compulsory for separating couples to attend a mediation awareness meeting before they can apply for a court order, National Family Mediation (NFM) has gone from answering around 1,400 calls a month to well over 3,000. But in that time hundreds of calls have been missed because the charity, which receives no government funding,…
  • An interesting week

    17 Apr 2015 | 12:00 am
    Highlights of an interesting week for me on Marilyn Stowe’s Family Law & Divorce Blog included:Another vote for no-fault divorce - Adding my voice to those of Baroness Hale and Marilyn Stowe, amongst many others.The practicalities of a no-fault divorce system - Examining in a little more detail what a no-fault divorce system might look like.Are pro bono lawyers playing the Government’s game? - As suggested by one QC, following the publication of the judgment in Re JC (Discharge of Care Order : Legal Aid).Campaigning for family law reform - A look at some family justice issues…
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    Toronto Family Lawyer Blog

  • The Significance of the Spousal Support Advisory Guidelines

    Andrew Feldstein
    24 Apr 2015 | 10:34 am
    Djekic v Zai, 2015 ONCA 25 The following analysis considers the issue of spousal support and the significance of the Spousal Support Advisory Guidelines. Background The parties in this matter cohabited for almost eight years, but were never married. They separated in May 2012. The Wife in this matter made a claim for spousal support as she was unemployed and received CPP disability benefits and some income as a result of an award from Workers Safety Insurance Board, totalling $1,900 per month. Both parties were over 60 years of age. The trial judge in this matter awarded spousal support in…
  • Imputation of Income for Support Purposes: Horowitz v Nightingale

    Andrew Feldstein
    17 Apr 2015 | 2:03 pm
    Horowitz v Nightingale, 2015 ONSC 190 This case addresses the issue of the imputation of income for support purposes. Background The parties were married on January 19, 1997 and separated on June 25, 2013. As such, the parties were married for sixteen (16) years. Further, there were three children of the marriage and all had special needs. The Applicant was a chiropractic doctor but earned a minimal income, and the Respondent was a lawyer and partner of a law firm which practiced in collections for financial institutions. During the marriage, the Respondent Husband had been receiving a gift…
  • The Unequal Division of Family Property: Cosentino v Cosentino

    Andrew Feldstein
    10 Apr 2015 | 1:29 pm
    Cosentino v Cosentino, 2015 ONSC 271 The following discussion will be limited to this case’s analysis on the issue of an unequal division of family property. Background The parties in this matter married in 1978 and originally separated in 2006 for five months. The parties reconciled, but separated permanently in November 2007. There were two children of the marriage. The Wife brought an Application for the division of family property under the Family Law Act and sought unequal division of family property under section 5(6) of same. The wife sought an unequal division of family property as…
  • Child Support Arrears – Baxter v Beharry, 2015 ONCJ 10

    Andrew Feldstein
    3 Apr 2015 | 9:08 am
    This case addresses the issue of child support arrears. Background In February 2000, the Father was ordered to pay child support to the mother for one child. An Order was issued on January 4, 2005, which varied child support payable to the Mother and fixed arrears owing to the mother’s assignee, the City of Toronto. On December 21, 2011, the Father was involved in a car accident that resulted in physical injuries and depression, after which he stopped working. In 2013, the Father was advised that the child had completed school and was working full-time. Thereafter, the Father brought a…
  • Section 7 Expenses and Post-Secondary Expenses

    Andrew Feldstein
    27 Mar 2015 | 1:35 pm
    Penn v Penn, 2014 ONSC 6321 This case addresses the issue of section 7 expenses and post-secondary expenses. Background The parties were married on July 27, 1984, and separated on January 27, 2008. There are two children of the marriage. One of the children of the marriage completed a Bachelor’s Degree at York University. Thereafter, the child commenced attending George Washington University in Washington, D.C. in pursuit of a Master’s Degree. The other child was attending Guelph University. Analysis The Court first addressed its attention to the issue of the Table amount of child…
 
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    Sanns Mediation World of ADR

  • Balancing the Right to Make a Divorce Agreement Under Domestic Violence

    Marvin Schuldiner
    8 Apr 2015 | 6:37 pm
    Public policy in New Jersey has long favored the ability of parties to resolve their disputes (including elements of a divorce and parenting) on their own, so long as the agreements are fair and equitable.  But what happens when domestic violence is part of the relationship?  Often the victim in those relationships can not fairly […] No related posts.
  • Divorce via Facebook? Yes, in New York State

    Marvin Schuldiner
    7 Apr 2015 | 6:06 pm
    “You’ve been served!”  Most of us are aware of that TV phrase.  For most cases, that is how a complaint is “legally” given to a defendant.  It is the official way of putting them on notice they are being sued (including for a divorce) and giving them an opportunity to respond. But what happens when […] Related posts: Power-of-Attorney Restricted in Divorce Cases A Superior Court Judge in Ocean County ruled that unless...
  • Understanding Family/Divorce Mediation

    Marvin Schuldiner
    28 Jan 2015 | 7:34 pm
    From the other side of the Atlantic Ocean is a nice presentation on divorce mediation.  Please note that divorce mediation is not free in NJ.   No related posts.
  • Civil Union Dissolution and Irreconcilable Difference

    Marvin Schuldiner
    20 Jan 2015 | 9:01 am
    Today in a published trial court case, the NJ Superior Court addressed an issue dealing with a difference in the law regarding civil union dissolutions.  After Lewis v. Harris directed the state to create an equivalent to marriage for same-sex couples, the legislature created the civil union statute and mandated that civil unions be equivalent […] No related posts.
  • Changing Your Name When Divorcing — Professional Issues

    Marvin Schuldiner
    10 Dec 2014 | 11:07 am
    Pursuant to a divorce, either spouse is eligible for a name change.  Traditionally, many women take the husband’s last name upon marriage.  Upon divorce, some women want to change back to their maiden names or hyphenate.  There are a number of factors that go into name changes upon marriage or divorce and this Harvard Business […] Related posts: Name Change in a Divorce in NJ New Jersey law allows either spouse in the divorce process... Alimony Reform: Changes to NJ Alimony Law On September 10, 2014, NJ Governor Chris Christie signed Public...
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    Illinois Divorce Lawyer Blog

  • DuPage Divorce: Grandparent Alienation

    27 Apr 2015 | 7:30 am
    I have represented, along with alienated parents, the grandparents that have been kept out of the lives of their grandchildren. For many years, Illinois did not recognize the right of grandparents to assert a petition for Grandparent Visitation. Illinois, however, currently has a Grandparent visitation statute that permits, under certain circumstances, grandparents petitioning a court for the right to have visitation with their grandchildren. Recognizing the seriousness of the issue, leading Parental Alienation expert and author Dr. Amy Baker has written on the issues concerning Grandparent…
  • Kane County Divorce: Custody Forensics

    7 Apr 2015 | 8:00 pm
    My practice is devoted, in part, to complex custody litigation. I have always believed that to practice in this area at a high level, a focus, if not a passion, for clinical issues was required in order to best serve my clients and their children's best interests. For over a decade I have been a member of the American Psychological Association, and other professional associations focused on psychology and legal issues. I was particularly pleased this year to be admitted by invitation and application to Forensic Forum. Forensic Forum is a select group of clinicians, judges and lawyers that…
  • Kane County Divorce: Approaches to Healing: the Unexpected Divorce

    4 Mar 2015 | 6:31 am
    One aspect of my practice is helping my clients manage what can be one of the biggest traumas in life....an unexpected divorce. As a divorce and child custody attorney, I am not involved in the practice of therapy, but any experienced and dedicated lawyer in this filed understands that one has to be mindful of the traumas and difficulties our clients face in managing an unexpected divorce. Part of this caring and management involves coaching, support, caring, and, for some, a referral to a skilled clinician for therapy. Canadian therapist Justice Schanfarber just published an interesting…
  • 27 Feb 2015 | 5:19 am

    27 Feb 2015 | 5:19 am
    I reviewed an interesting article this morning on men, and how men fare in society in light of divorce and changing roles in life in a man's middle aged years. Divorce is difficult and traumatic for both men and women, but it seems some women have a resiliency that allows them to move forward in life more successfully than men, generally. The article points out that women traditionally have been better suited to forming relationships with other people, and have certain social skillsets that many men lack in middle age. Further, the majority of women in divorce are awarded the residential…
  • Illinois Divorce Lawyer: Abuse and Neglect: Healing

    16 Feb 2015 | 8:15 am
    In my work in Divorce and Custody Law, I have been involved, as well, with a number of Abuse and Neglect cases in Juvenile Court. Some of these cases arise out of an initial divorce filing, and a finding is made that there is active abuse or neglect occurring within a family environment. My law school alma mater, the University of San Diego, conducted a study that examined the efficacy of law intended to protect abused and neglected children. From the study: " Laws intended to protect children from abuse and neglect are not being properly enforced, and the federal government is to blame.
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    New York Personal Injury Lawyer Blog

  • The defendant moved for summary judgment to dismiss the complaint...cont

    26 Apr 2015 | 4:08 pm
    Contrary to the concurrence's claim, the courts are not suggesting that, in all cases, a professional registered nurse must possess the same knowledge of pharmaceuticals that the court properly demand of those who are authorized to prescribe them. Nor are the courts creating any new duty for registered professional nurses. Rather, our holding is informed by the fact that, in this case, as concerns the lack of epinephrine, plaintiff’s allegation of malpractice does not depend on a finding that The personal injury defendant should have taken extraordinary steps or made inquiry into an area of…
  • The defendant moved for summary judgment to dismiss the complaint...cont

    24 Apr 2015 | 4:01 pm
    The issue is whether or not the motion of the defendant should be granted. Supreme Court denied the defendant's motion. It found that questions of fact existed as to where The defendant was at the time plaintiff first complained of trouble breathing and whether her location may have rendered her incapable of intervening quickly enough in case of an emergency. The court rejected AH's affidavit, finding that her lack of experience as a home infusion nurse rendered her opinion meaningless in a case where the standard of care to be applied was that of a home infusion specialist and not a…
  • The defendant moved for summary judgment to dismiss the complaint

    22 Apr 2015 | 10:04 am
    Defendant appeals from an order of the Supreme Court, Bronx County, entered on or about October 29, 2009, which denied her motion for summary judgment dismissing the complaint and all cross claims as against her. Defendant is a registered nurse whose work is exclusively limited to the performance of home infusions of intravenous medication. On February 21, 1998, she visited the 12-year-old plaintiff at home to administer to her a dose of methylprednisolone (Solu-Medrol). The defendant worked for Accuhealth, Inc., a company which specialized in home infusions. Solu-Medrol had been prescribed…
  • The defendant BH Corp. ...cont

    20 Apr 2015 | 3:12 pm
    Sixth, it is asserted that one of plaintiff's experts, Dr. BY, improperly testified from two reports that did not constitute business records. Dr. BY was a psychologist and director of a free program for rehabilitation of the brain injured at New York University Hospital. Plaintiff had been enrolled in that program. The first report was in the nature of a graph which showed that plaintiff's progress as a file clerk was below normal. This graph was excluded from evidence. Over objection, Dr. BY was permitted to interpret it for the jury. A second report indicating the plaintiff's lack of…
  • The defendant BH Corp. ...cont

    18 Apr 2015 | 3:04 pm
    The defendant BH Corp. raises many issues in its brief. Many of these issues do not receive separate headings. In discussing these issues, we have joined and rearranged the issues where appropriate. The defendant BH Corp. did not except to these portions of the charge. Thus, the above excerpts constitute the law of the case. The defendant BH Corp. was and is bound by the charge on this point as a result of its failure to except. For purposes of the retrial hereinafter ordered, we make the following comments. If the jury accepts the validity of the SWRI report, then the report may be…
 
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    Dads Divorce » Articles

  • Paying For The Marital Home Prior To Mediation

    Shawn Garrison
    26 Apr 2015 | 5:00 am
    Question: Following our temporary divorce hearing the judge ordered me to pay child support and continue making payments on the marital  home until we meet with a mediator. I can’t afford to continue making these house payments. What are my options if my name is the only one on the loan? Answer: I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation. Looking at the situation from a practical standpoint, you should try to make the payments because failing to do so will get you…
  • Can Permanent Alimony Be Modified?

    Shawn Garrison
    25 Apr 2015 | 5:00 am
    Question: I am 62 years old and am paying permanent alimony. I am paying nearly $1,500 per month and don’t think I will ever be able to retire. Is there anything I can do to modify or terminate my alimony payments? Answer: I do not have all the facts of your specific case so I cannot provide you a full and complete response and can only provide you general tips regarding alimony. I am not sure what your divorce decree and/or settlement agreement, if any, provides with regard to alimony. Some agreements may waive the statutory right to modification of alimony. If your agreement does not…
  • Video: Cordell & Cordell News – April 24, 2015

    Shawn Garrison
    24 Apr 2015 | 1:26 pm
    Dads Divorce, sponsor Cordell & Cordell and sister site MensDivorce.com have teamed up to present a series of weekly recap videos to keep you informed on the latest news and top stories. This week, Cordell & Cordell posted a column by Principal Partner Joe Cordell for Financial Advisor Magazine explaining how critical it is to consider all the different financial ramifications of getting a divorce.  Too often, Mr. Cordell wrote, individuals assume life will be much better following divorce and allow emotions to dictate their decisions. Divorce is possibly the most important financial…
  • The European Solution To America’s Child Support Problem

    Shawn Garrison
    23 Apr 2015 | 11:38 am
    By now, it is blatant that there are numerous flaws with the child support system in the United States. The issues have been brought to the forefront after the incident in South Carolina where Walter Scott was shot and killed by a police officer after it is believed that he fled from the officer out of fear of being jailed for missed child support payments. On Sunday, the New York Times published a detailed story that explained why the system is broken. We hear all about the problems with the system. It’s punitive. It is based on outdated stereotypes. It makes it too easy for low-income…
  • DadsDivorce LIVE: Parenting Programs Show Anti-Dad Bias

    Shawn Garrison
    22 Apr 2015 | 10:53 am
    According to a recent study by Yale University professor Catherine Panter-Brick and her colleagues, parenting programs around the world frequently fail to engage fathers. After a literature review of 199 studies regarding fathers’ participation and impact in programs to support parents, the researchers discovered by and large programs designed to help moms and fathers become better parents frequently left fathers out from the outset and catered their resources to mothers. Ms. Panter Brick joined DadsDivorce Live to discuss what types of programs her study examined, why and how they tend to…
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    Alabama Divorce & Family Law Attorney Blog

  • Mahan v. Mahan: Joint Owned Businesses and Divorce

    Steven Eversole
    15 Apr 2015 | 9:39 am
    Mahan v. Mahan, a divorce case from the Supreme Court of Alaska, involved a couple who owned a commercial fishing boat together during their marriage. Their divorce decree and marital property dissolution agreement included a provision the ex-spouses would share their profits from the commercial fishing operation after fuel costs and canning expenses had been deducted. While this dissolution order seemed appropriate on its face, the parties had a dispute over the meaning of profits. Both ex-spouses were arguing the other owed them money. There was a Master’s hearing, and the court…
  • Norris v. Norris: Moving Children Out of State and Child Custody

    Steven Eversole
    11 Apr 2015 | 9:37 am
    Norris v. Norris, a case from the Supreme Court of Alaska, involved married couple that met in Fairbanks when husband was stationed on a military base there.  Wife had been living there since 2006.  Husband was originally from Mississippi.  The two met and became involved in a romantic relationship.  They had a child in 2011 and got married just after child’s birth.  Unfortunately, as is the case for many marriages, they began having relationship troubles. In an attempt to put their marital troubles behind them and “start a new life,” the couple decided to move to husband’s…
  • Still on the Mortgage After Divorce

    Steven Eversole
    6 Apr 2015 | 9:35 am
    In many marriages, the biggest asset (or debt depending on the real estate market) is the family home.  Many couples own a home together and owe a considerable amount of money to the bank.  This is especially true for any couples that purchased a home before the real estate downturn beginning in 2008. As part of any divorce proceeding, a property division is often one of the most difficult aspects of reaching an agreement prior to trial.  Many parties agree one spouse will essentially buy out the other spouse.  The problem may arise when the bank is not a party to this agreement and…
  • Advice From Children of Divorce

    Steven Eversole
    2 Apr 2015 | 9:33 am
    There is no question that divorce is an emotional event for everyone involved, but it is often the couple’s children who everyone is most worried about. According to a recent article from Huffington Post, there are certain steps both spouses can take to help make divorce easier for their children. Interestingly, one of the most important things you can do to help your children during and after your divorce is realize a divorce doesn’t mean you have failed as a parent. It is important to realize that the strength of your marriage, or lack thereof, does not have any bearing on your skill as…
  • Gender Bias Continues to be Cited in Child Custody Battles

    Steven Eversole
    31 Mar 2015 | 9:32 am
    Throughout most of the 20th Century and up until quite recently, most family law courts would almost automatically grant child custody to the mother, unless there was ample evidence proving she was unfit. That has changed. Most states do now favor some form of joint custody arrangement, but there are those who say the courts still tend to show an unfair preference toward women. Certainly, there seem to be ongoing examples of this throughout the country. Just recently in Maryland, an appellate court overturned the child custody ruling of a county circuit court issued last year, citing gender…
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    Domestic Diversions

  • The evolving future of marriage

    David C. Sarnacki
    19 Apr 2015 | 6:21 am
    In case number 14-571 , the U.S. Supreme Court is considering the case of Michigan residents April DeBoer and Jayne Rowse. Arguments are scheduled for April 28th, and a decision is expected by late June. The briefs submitted to the Supreme Court highlight two issues: 1. Does the Fourteenth Amendment require [...]
  • From courtroom to the capitol: Fathers rights in custody cases

    David C. Sarnacki
    16 Apr 2015 | 2:00 pm
    The Wall Street Journal covers the push for legislation in about 20 states to give fathers more child custody rights in divorce cases.
  • How does it feel to be you?

    David C. Sarnacki
    8 Apr 2015 | 9:39 am
    On Being highlighted Bill Murray’s answer at a 2014 Toronto International Film Festival press conference. Trent Gillis reports Bill Murray’s remarks as (excerpt): So, what’s it like to be me? You can ask yourself, “What’s it like to be me?” You know, the only way we’ll ever know what it’s like to be you is if you [...]
  • Top Grand Rapids Divorce Attorney and Mediator

    David C. Sarnacki
    31 Mar 2015 | 9:56 am
    David C. Sarnacki, of The Sarnacki Law Firm PLC, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys [...]
  • when No is better than Yes

    David C. Sarnacki
    1 Mar 2015 | 7:10 am
    On Being offers 5 different ways to say “No.” On saying No gracefully, Courtney E. Martin writes (excerpt): 1. No, for now. **** 2. No, but here are some awesome resources. **** 3. No, but have you tried our mutual friend? **** 4. No, I can’t do that, but I can do this. **** 5. Let me think about it.
 
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    Florida Divorce & Family Law Blog

  • Long Term Marriage and Alimony Reform

    21 Apr 2015 | 12:54 pm
    If you are paying alimony, about to be paying alimony, or receiving alimony, I am sure that you have read all the latest on alimony reform in Florida. Everyone is talking about these wonderful calculations that will help put surety into the alimony system so that we can give clients floors and ceilings when determining an alimony amount. I am happy that we have floors and ceilings because as
  • Same Sex Marriage In Florida!!!

    7 Jan 2015 | 6:54 am
    Florida on Monday became the thirty-sixth state to allow same-sex marriages, as a state court judge in Miami ordered a Dade County clerk to start issuing licenses to same-sex couples. This is something that Floridians have been waiting a long time for and it has become a reality. While there are still a great deal of people who are opposed to the idea of same sex couples being allowed to marry,
  • Florida Most Expensive State to File Divorce

    2 Sep 2014 | 1:13 pm
    I read online recently that Florida is the most expensive State to File for Divorce in. Here are the top ten: 10. Tennessee, $302 9. Utah, $310 8. Pennsylvania, $317 7. Arizona, $321 6. Louisiana, $324 5. New York, $335 4. Illinois, $337 3. California, $395 2. Minnesota, $402 1. Florida, $409 The price is actually higher than that because everything is electronically filed now and if
  • Same Sex Divorce Not Granted in Tampa, Florida

    15 May 2014 | 6:01 am
    In March I blogged about a case in Tampa, Florida wherein a gay couple was wishing to have a divorce granted by a Judge. The couple was married in Massachusetts and had a valid marriage in Massachusetts. They moved to Florida and are now residents of the State of Florida. They came to settlement terms and simply requested that the Judge ratify their agreement and grant them their divorce.
  • Same Sex Marriage and Divorce in Florida?

    27 Mar 2014 | 9:19 am
    Every now and then I come across an article that I think is interesting to the masses and not only to those people who believe that a divorce or separation is imminent. Today in Hillsborough County a same sex couple is attempting to dissolve their union that was solemnized in Massachusetts a few years ago. They have come to an agreement and are seeking an uncontested dissolution of their
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    Pennsylvania Family Law

  • REAL ESTATE AND DIVORCE: STOP, LOOK AND THEN LIST

    Mark Ashton
    21 Apr 2015 | 10:06 am
    So it’s break up time and you can’t wait to “move on” in not just the emotional but the physical sense of the word.  Even though you and your spouse can’t agree on much of anything, you both agree that it is time to sell your burdensome house and find more comfortable digs of less grandeur.  This should be easy, right?  Just ring up the realtor and make the appointment to sign the listing agreement. Before you sign that agreement, especially if you are the financially disadvantaged spouse (i.e., you make far less or control far less) GET SOMEONE TO FIND OUT WHAT YOU OWE.  There…
  • SERVING DIVORCE PAPERS VIA FACEBOOK

    Aaron Weems
    7 Apr 2015 | 7:01 am
    Facebook continues its march towards recognition as a stable and reliable mode of legal publication and evidentiary source with a recent decision by Manhattan Supreme Court Justice Matthew Cooper’s ruling that an estranged wife’s attorney may serve divorce papers to her husband through Facebook’s direct messenger system. That this decision occurred is not surprising since Facebook is being increasingly utilized as sources of evidence and, as of last year, a way to send legal notice to a person. While this decision is making headlines, it is not as groundbreaking as it may seem: service…
  • TIP FOR EMERGENCY MEDICAL SITUATIONS: CALL THE HOSPITAL SOCIAL WORKER

    Aaron Weems
    3 Apr 2015 | 8:44 am
    Accidents happen and there are times when minutes or hours can be critical to a person’s survival or recovery. These can also be times when a family member or spouse is thrust into a decision-making role which they are either physically, psychologically, or emotionally unfit to handle. In such situations, it is not uncommon for the family to call their lawyer or a friend who is a lawyer to help them determine their options. I was recently confronted with a situation by a colleague of mine: a family was badly injured in an accident with the children and father being unconscious and needing…
  • CAN GRANDPA BECOME PA? THE EVOLVING PENNSYLVANIA FAMILY

    Mark Ashton
    27 Mar 2015 | 8:40 am
    The recent Superior Court decision In re Adoption of M.R.D. and T.M.D. offers a new challenge in the context of who can be an adoptive parent.  While in her early 20s a young woman ventured to South Dakota to teach school.  She met a young man in 2002 and when she returned to Pennsylvania in 2003, he briefly followed her back here.  Just before he returned to South Dakota, it would appear that Mother became pregnant with twins.  They were born in Pennsylvania in October, 2004.  At the time Mother was living with her own Father.  The Father of the children did visit Pennsylvania to visit…
  • WHOSE KID ARE YOU ANYWAY; DEDUCTIONS/HEADS OF HOUSEHOLD/DAY CARE & CHILD CREDITS

    Mark Ashton
    20 Mar 2015 | 7:23 am
    Yes, it is tax time once again and the struggles over who got Christmas morning in December now give way to “who gets the deductions and credits” associated with the minor child.  Here is the primer which is offered subject to the advice of income tax preparers. In ancient times, which is to say, before 1984, the Internal Revenue Service used a support test to decide who got the deduction for a child.  But that is not the archaic view and we today assign the deduction to the parent who has custody more than half the time, no matter who pays what support.  If time is equally allocated…
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    Family Law Guy

  • Vaccination, Parents' Rights, and Child Custody

    7 Apr 2015 | 2:30 pm
    Courts are being asked to decide vaccination issues between disagreeing parents in child custody cases . These disagreements are catching the public's eye and ears in the wake of the Disneyland measles outbreak, and public opposition to mandatory vaccination by prominent, or at least visible, people, who are mostly not scientists.   If you have parenting or custody issues connected with medical
  • Pet Custody? What's The Standard?

    15 Jan 2015 | 12:10 pm
    Recent changes in the California version of the Domestic Violence Prevention Act now permit a judge making a restraining order, to make an order for "... the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The
  • Spend More Time talking About The Relationship, and Less Money on the Ring, the Wedding (and the Divorce?)

    19 Nov 2014 | 5:14 pm
    An Emory University study suggests that there is an inverse correlation between the amount a couple spends on the engagement ring and the wedding, and the chance that the marriage will last.  I have my own theories about why this correlation may exist, but it does re-emphasize my "sermon" about pre-marital planning.  While sitting down and talking about what you intend in the marriage,
  • "Conscious Coupling" What Is Marriage Supposed To Do? Does It Still Do It?

    1 Oct 2014 | 9:47 am
    One of the recurring themes of this blog has been "Why do people get married?  What will help then accomplish whatever it is they want to accomplish by marrying?" It appears that the number of Americans, over-all, who believe that marriage does what they want done, continues to shrink, even as the broader recognition of same-sex marriage would seem logically to have increased it.  There are
  • Gambling Winnings and Child Support

    23 Sep 2014 | 2:45 pm
        Ohio has now implemented an intercept program so that winners at the four casinos in Ohio may trigger data base checks.  If the winner wins $1,200 or more from slot machines, $5,000 or more from table games or $600 or more from high-stakes games, then their name is checked against a data base for child support owed.  If anything is owed, it is taken out of the winnings.  Ohio’s seven racinos,
 
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    One (Divorce) Lawyer's Perspective

  • Khloe’s Divorce to be Dismissed?

    Michael Viola
    17 Apr 2015 | 8:07 am
    It is old news that Khloe Kardashian filed for divorce from her husband Lamar Odom back in 2013. According to this article, however, there is a possibility that her divorce action could be dismissed by the Court in Los Angeles. It would appear from this article, that under California law, a party has an affirmative duty to keep a divorce action moving; otherwise, the case could be dismissed. It would appear that she started her action in December 2013 and, if nothing else is filed by the end of April, her case will be dismissed. It is not clear from the article what either Khloe or Lamar…
  • Truly Special Service

    Michael Viola
    6 Apr 2015 | 3:40 pm
    In most divorce cases, a party is served with the divorce complaint by mail or through personal service.  As reported in this article, a NY judge allowed a person to be served with notice of a divorce action via Facebook.  Anyone having difficulty serving a divorce complaint on the other side should not start posting things on Facebook and assuming they have good service. Service is the way in which a person is given notice that a law suit has been initiated.  Some form of notice is required in every type of law suit. This makes sense because a person should know if someone is suing him or…
  • Looking at Divorce with Big Eyes

    Michael Viola
    12 Jan 2015 | 12:33 pm
    Although I have not yet seen the movie Big Eyes, I am familiar with the premise of the movie. This movie tells the story of the relationship between Margaret Keane and her second husband, Walter Keane. Ms. Keane is known for her paintings (usually of children) with very large eyes. This “based on a true story” film, shows the rise in popularity of the paintings, how Walter took credit for the paintings, and how Margaret eventually brought a law suit to reclaim her own artwork. The purpose of this blog is not to provide a review of the movie, but rather to look at certain facts in…
  • A New Day is Dawning

    Michael Viola
    28 Oct 2014 | 7:40 am
    I remember back when I was first starting to practice law. At that time, there were three possible locations for a family law matter in Philadelphia: some matters were in City Hall, some were at 1801 Vine Street, and other matters were at 1600 Walnut Street. At some point in the 1990’s, Family Court was to be consolidated into a single building: 34 South 11th Street. This location was just to be for Domestic Relations Matters. Juvenile and Dependency proceedings and Adoption proceedings were to remain at 1801 Vine Street. Since that move, the needs of Family Court in Philadelphia have…
  • Maybe I am just being picky….

    Michael Viola
    12 Jun 2014 | 12:06 pm
    There is a new reality-TV show on Bravo called “Untying the Knot” In this show, matrimonial attorney Vikki Ziegler, Esquire, who practices law in  New York and New Jersey at the firm of Ziegler and Zemsky LLC, works with clients on the resolution of the economic issues related to the dissolution of their marriage.  From what little I watched from the only two episodes that have aired, the show does not deal with the litigation of divorce matters such as the division of marital property and alimony. Rather, the program promotes Ms. Ziegler as a mediator.  This is where I have…
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • Post Divorce Mediation

    Debra Synovec
    6 Apr 2015 | 4:35 am
    Divorce is not an end-all situation. Life brings many changes, situations often arise involving your former spouse that will need to be addressed long after the papers have been signed. With all the factors that connect a couple when they are legally married, many issues carry over after the divorce is final. Loose ends can be left untied even after the divorce is final, and new issues often arise between the divorced couple. Mediation is often a helpful approach for couples that have run into issues after their divorce has been finalized. Rather than using litigation that can be time…
  • Divorce Mediation Can Help During Tax Season

    Debra Synovec
    24 Feb 2015 | 12:30 pm
    Along with the many other difficulties involved in a divorce, tax season can be an especially tricky time. Although taxes are probably the last thing on your mind when divorcing, the issues involved will have an impact on your tax return as well as your spouse’s tax return. Tax rules are complicated enough, and the legalities of divorce can only make them more problematic. Divorce mediation can help alleviate this process by emphasizing communication between the couple and efficiently coming up with solutions to filling out tax returns. “Many couples going through a litigated divorce are…
  • The Divorce Mediator and Attorney Team

    Debra Synovec
    28 Jan 2015 | 12:39 pm
    Video Series Part 3 Divorce: Mediator and Attorney Team from Cimira Studios on Vimeo. A common misconception in divorce mediation is that if you’re using a mediator, you don’t need an attorney; for some couples that may be true. However, often times attorneys/legal advisers play an important and necessary role in the early stage mediated divorce process. While an attorney is the legal advocate for the client, a mediator acts as a neutral guide and facilitator for the divorcing couple. Mediators and attorneys play different but crucial roles in the divorce process. A mediator provides a…
  • Explaining Divorce Mediation

    Debra Synovec
    27 Dec 2014 | 3:54 pm
    Video Series Part 2 Divorce Mediation from Cimira Studios on Vimeo. Divorce is usually an emotional, confusing, and overwhelming time for each person involved. Mediation is a process that provides a safe and productive method for couples to get results, come up with solutions, and avoid messy, expensive courtroom situations. Merriam-Webster dictionary defines “mediation” as “intervention between conflicting parties to promote reconciliation, settlement, or compromise”.  Specifically, a divorce mediator works with the divorcing couple and facilitates healthy conversation between them…
  • Choosing a Divorce Mediator

    Debra Synovec
    25 Nov 2014 | 10:17 am
    Video Series Part 1 Choosing a Divorce Mediator from Cimira Studios on Vimeo. “Divorce is not a battle to be won, it’s a problem to be solved.” Mediation is a valuable method for divorcing couples to make decisions that will keep the acrimony down,  and create solutions that work for both sides. Divorce mediators facilitate healthy discussions in order to help clients solve problems…do you really need a judge to tell you what to do? After all, divorce is a family issue, not a legal issue. Choosing the right mediator is crucial for couples—mediators come from diverse backgrounds,…
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    Fort Lauderdale Divorce Lawyer Blog

  • Invalidating a Prenuptial Agreement in Your Florida Divorce

    21 Apr 2015 | 12:05 pm
    One of the more popular celebrity news stories of this spring has involved the impending divorce of renowned chef and Food Network TV star Bobby Flay, who filed to end his decade-long marriage to actress Stephanie March. According to a celebrity news website, TMZ, the couple signed a prenuptial agreement before their 2005 wedding, but the wife plans to challenge the validity of the agreement. While the dispute regarding the Flay-March prenuptial agreement will, unless settled between the spouses, be decided by a New York court, the story does raise a relevant issue for Floridians with…
  • Husband's Alleged Online Activity 'Disconcerting', But Not Cyberstalking Under Florida Law

    14 Apr 2015 | 10:47 am
    Today, more than ever, the online world offers a multitude of ways to follow the actions of other people. The ability to be profoundly involved in another person's life, against their will, without actually being near them is why states like Florida have laws against cyberstalking. An estranged husband's alleged online activity, even though it raised the possibility that he hacked into his wife's computer and Facebook account, did not meet the law's definition of cyberstalking because he did not post anything specifically directed at the wife, the 2d District Court of Appeal recently ruled.
  • Florida Court Upholds Enforcement of Colorado Order Granting Visitation to Grandparents

    7 Apr 2015 | 10:08 am
    Until just a few short decades ago, grandparents had no legal right to visit with their grandchildren. Today, many states have laws governing grandparents' rights to visitation. While Florida law contains several strong protections with regard to the right of a parent (or parents) to raise their children as they deem best, even these strong protections do not give a parent a right to evade a valid out-of-state court's order awarding visitation time to grandparents. Specifically, the 5th District Court of Appeal ruled in a recent Central Florida case that Florida's right to privacy and policy…
  • 3d DCA Rules Change of Notice Period Was Not a 'Modification' of Timesharing Agreement in Miami Heat Star's Child Custody Case

    25 Mar 2015 | 10:21 am
    The long-running and often contentious child custody dispute between pro basketball star Dwyane Wade and his ex-wife, Siohvaughn Funches, added a new chapter recently when the 3d District Court of Appeal issued a ruling upholding a timesharing decision made last year by a Miami-Dade trial judge. Although rejecting the mother's appeal, the court warned lawyers on both sides regarding their behavior in email exchanges between the two sides. The case offers a reminder that, regardless of the amount of financial resources, child custody matters are often very emotional and hard-fought disputes.
  • South Florida Mother Faces Arrest for Blocking Son's Circumcision in Violation of Parenting Agreement

    18 Mar 2015 | 10:24 am
    The protracted court case involving the medical care of a 4-year-old Palm Beach County boy took another turn recently, when the child's mother refused to appear in court as ordered, leading Circuit Judge Jeffrey Gillen to issue a warrant for her arrest, the Sun-Sentinel reported. The case centers around the decision to perform a circumcision on the boy, which the father supports and the mother opposes. Counsel for the mother has argued that she is acting to protect her child, but the Florida courts have consistently upheld the father's right to make the decision regarding the circumcision, as…
 
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    Ohio Family Law Blog

  • Prenuptial Agreement: Is it Enforcable If You Dispose of It?

    Robert L. Mues
    25 Apr 2015 | 2:01 am
    Does Tearing up Your Executed Prenuptial Agreement in Ohio Revoke or Invalidate it? Recently, a New York court held that a husband could enforce a prenuptial agreement against his wife upon divorce, even though at the time the parties had no intention of ever being bound by the agreement and he ripped up his photocopy of the agreement at the same time his wife ripped up her original.  Braha v. Braha, 2014 NY Slip Op 51532. QUESTION: The question presented here is, would the case yield the same result if it was adjudicated in Ohio? DISCUSSION: In Braha, the parties stated that they entered…
  • Bankruptcy In Post-Divorce: Hire An Attorney Before You File!

    Anne Shale
    18 Apr 2015 | 12:57 am
    An Interview with Mr. Cris Shale relative to his thoughts Post-Bankruptcy/Divorce Valuable Advice For Others Facing The Same Bankruptcy Dilemma Post-Divorce Several years ago, I posted an article to the Ohio Family Law Blog about my son and one of my clients who had both elected to file a Bankruptcy proceeding following a divorce and following a marital residence being “upside down” with the total mortgage liability.  In layman’s terms, the value of the marital residence, as appraised, was way below the mortgage indebtedness associated with the home.  Cris, with a high child support…
  • Divorce: Spouse Missing? Send Summons On Facebook!

    Robert L. Mues
    11 Apr 2015 | 1:47 am
    Will Serving Divorce Papers Via Facebook be Allowed in Ohio? Justice Matthew Cooper of the Manhattan, New York, Supreme Court is setting precedent which is likely to be a game-changer should the rest of the country follow suit. In a recent decision, Justice Cooper gave Ellanora Baidoo the green light to serve her elusive husband, Victor Sena Blood-Dzraku, divorce papers through his Facebook account. The couple, both from Ghana, were married in a civil ceremony in 2009.  Shortly thereafter, the relationship began to unravel when Blood-Dzraku refused to fulfill his promise of participating in…
  • Custodial Grandparents: Stress From Raising Grandchildren

    Thomas G. Kopacz
    4 Apr 2015 | 1:12 am
    Increasing Number of Grandparents Becoming Custodial Grandparents to their Grandchildren Custodial Grandparents Have Higher Stress Levels than Grandparents Who Are not Caregivers of their Grandchildren According to Recent Studies What children need most are the essentials that grandparents provide in abundance.  They give unconditional love, kindness, patience, humor, comfort, lessons in life.  And, most importantly, cookies. ~ Former New York City Mayor Rudy Giuliani. I believe Mayor Giuliani’s wonderful quote about grandparents resonates in most of our hearts when we think of our own…
  • Gray Divorce: Division of Retirement Assets Disparity

    Robert L. Mues
    28 Mar 2015 | 1:01 am
    Be Sure To Hire A Divorce Attorney With Experience In “Gray Divorce” Cases An interesting article published in the Arkansas Business Journal discussed the issue of divorce with retirement age individuals.  As a founding member of the International Academy of Attorneys for Divorce Over 50, I personally am quite familiar with the unique issues that often arise in these “gray divorce” cases. When discussing the financial background of many couples aged 50-60, the typical equal asset allocation can be problematic. These couples are more likely to have combined their retirement…
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    NJ Family Legal Blog

  • JUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO MEDIATION – SHOCKING!?!

    Eric S. Solotoff
    23 Apr 2015 | 7:42 am
    We have all had this happen.  Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts.  Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable.  So you come to court to argue your motion and the judge urges you to settle again before hearing argument.  Ok, settlement on the courthouse steps is not uncommon, but often, a review of the motion papers should make it clear whether there is any prayer or a consensual resolution.  Worse yet, after…
  • F is for service- Facebook Style

    Jennifer Weisberg Millner
    7 Apr 2015 | 10:09 am
    The recent news concerning social media is all about the service of a divorce complaint via Facebook.  A New York judge recently granted permission to a woman to serve a divorce complaint via her husband’s page on the social media giant. This marks a perhaps first, but not surprising new step in the use of social media. First, the misconception- many people believe that this means that a divorce can be filed via social media.  It doesn’t.  What it means is that after the divorce complaint has been filed, it can be served online.  This method is a natural extension of what is…
  • SUPREME COURT RULES THAT EXPERT REPORT NOT BASED UPON EVIDENCE SHOULD BE SUPPRESSED – SHOCKING!?!

    Eric S. Solotoff
    13 Mar 2015 | 10:39 am
    It is not uncommon to get in an expert report from the other side that makes you scratch your head.  Maybe it is well written  Maybe it is very interesting.  Hopefully the math is right.  Maybe it is even very persuasive.  The reason why you are scratching your head, however, is that the factual basis of the report seems to have bare no relation to the actual, provable facts of the case.  Rather, the report relies on supposition, innuendo, theory, hypothetical facts, etc.  What it doesn’t rely on, however, is the actual facts of your case. So what do we do?  We complain to the…
  • E is for Exemption: Who Gets it?

    Jennifer Weisberg Millner
    13 Mar 2015 | 10:14 am
    April 15th is bearing down on us, and as divorced and separated parents get ready to file tax returns, the question of the dependency exemptions comes up.  According to IRS rules, only one taxpayer may claim a dependency exemption for a child for a tax year. Two parents cannot split this dependency exemption. Copyright: / 123RF Stock Photo Generally, the child is the qualifying child of the custodial parent.  In other words, the parent who cares for the child and has the child over 50% of the time is entitled to claim a child as a dependent on his or her tax return as a matter of right. The…
  • IS WILLFUL FAILURE TO COMPLY NECESSARY FOR AN ORDER TO BE ENFORCED?

    Eric S. Solotoff
    11 Mar 2015 | 8:32 am
    You see it all of the time.  In defense of an enforcement motion, a litigant says “I didn’t knowingly violate the Order”, “I didn’t willfully violate the Order”, “it wasn’t my fault”, “it was an honest mistake.”  In fact, just last week someone was trying to add the term “willful” to an agreement to essentially make enforcement impossible because he would just blame is non-compliance on oversight or some other excuse.  Worse yet, judges sometimes buy the excuse and fail to find a party in violation of litigants…
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    Iowa Law Blog

  • The Implementation of Electronic Filing in the Courts

    Sarah Robb
    14 Apr 2015 | 3:31 pm
    In this day of technology, it is no surprise that the court systems are moving to using an Electronic Document Management System (EDMS for short) for parties to file documents with the Court, without even setting foot in the Courthouse. The district courts have been working on this conversion since early 2013; introducing and training courthouse staff before converting each county to EDMS filing. It won't be long before every district court in Iowa is available using this system. This can be a benefit to parties who no longer have to pay an attorney to go down to the courthouse every time a…
  • Service by Facebook?

    Samantha Gronewald
    14 Apr 2015 | 1:24 pm
    A New York judge recently entered an Order allowing a woman to serve her husband divorce papers via Facebook.  In Iowa, generally, a competent adult must accept service or be served in-person in order accomplish proper service.  The woman in New York had been trying to accomplish service for several years according to her attorney.  Her husband denied having a physical address or place of employment and also refused to make himself available for service.  After having exhausted other alternative service methods, the Judge ruled that service…
  • Interactive Process in Action

    Liz Overton
    19 Mar 2015 | 1:00 pm
    If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom.  I’m also going to summarize the facts below, but if you want to read the legal analysis too go ahead and read the full decision. Minnihan worked at Mediacom for a lengthy period of time before experiencing a seizure in December 2009.  Under Iowa law, an individual who experiences a seizure loses his or her driving privileges for at least a 6-month period.  Unfortunately, an essential duty of…
  • Thinking about selling For Sale By Owner?

    Dave Hellstern
    17 Mar 2015 | 9:20 am
    With both interest rates and home inventory starting the year at lows we haven't seen in a long time, this may be the best opportunity for you to sell your home for the most profit.  Most people hire a Realtor to help them through the buying/selling process, and if you can afford it, I highly recommend doing so.  A Realtor can list your property on the Mutlple Listing Service (MLS), can help you price it and market it appropriately, and can draw in many more potential buyers than you could probably do on your own.  With that said, if you can't afford to hire a Realtor or just…
  • Grandparent and Great-Grandparent Visitation

    Samantha Gronewald
    2 Mar 2015 | 11:06 am
    I am frequently asked about grandparent and/or great-grandparent visitation.  Iowa Code Section 600C.1 discusses the circumstances in which a grandparent and/or great-grandparent may petition the court for visitation with a grandchild and/or great-grandchild.  A grandparent and/or great-grandparent may only petition the court for visitation when the parent of the minor child, who is the child of the grandparent or the grandchild of the great-grandparent, is deceased.  The court may then only grant visitation if the court finds all of the following to be true by clear…
 
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    Pink Tape

  • RightsInfo.org

    familoo
    25 Apr 2015 | 10:24 am
    If you haven’t seen it already, Rightsinfo has finally launched – and it is beautiful and gorgeous and I am very jealous. Visit it, pass it on. Huge credit to @adamwagner1 and chums for putting this together. I am sure it will be a really useful resource for all sorts of people – anyone who is open to finding out truth behind the press spin about human rights really. Follow the project on twitter : [edited : @rights_info] or visit the site at rightsinfo.org – start with the guided tour here, and look at the cases about families here.
  • New Guidance for Appeals

    familoo
    21 Apr 2015 | 1:19 pm
    Paragraphs 19 and 20 of PD52C in respect of appeals to the Court of Appeal have been amended w.e.f. 6 April 2015 (see Judiciary Website here). In broad terms it represents an invitation to Respondents to get involved, albeit in a modest way, at an earlier stage. I cannot help but think that this may be at least partially connected to the rise of appeals by litigants in person and the struggles that the Court of Appeal are having in order to make sense of them. Although I cannot find the source on the Judiciary website the Master of the Rolls is reported to have said: For many years a feature…
  • Sir, you are vexing me!

    familoo
    13 Apr 2015 | 12:55 pm
    Family lawyers are likely to be familiar with a s91(14) order (c91(14) Children Act 1989), which prohibits a person from making an application for a s8 “child arrangements order” without the prior permission of the court. But less familiar is the power of the Family Court to issue Civil Restraint Orders via the FPR, under an entirely parallel scheme to that set out in the CPR. Plainly where s91(14) potentially applies there is little need for recourse to a CRO, for which the pre-requisites are more formulaic – so when might it be used? And are there any examples of the…
  • Secular Extremists Infiltrate CPS?

    familoo
    13 Apr 2015 | 1:40 am
    I came across an article today whilst sitting twiddling my thumbs on a train platform, in which it is reported that Douglas Carswell (apparently a UKIP MP) has criticised the CPS for being run by “secular extremists” who are “masquerading as objective” in preventing the private prosecution of two doctors in what has been called a “gender abortion” case. Except it is not quite as straightforward as it at first appears. My first reaction was to seek out what the CPS had to say about this, as typically the Telegraph do not link to the source material. I wish…
  • Thumper

    familoo
    12 Apr 2015 | 1:45 pm
    As if you haven’t had enough cute bunnies this Easter already : That will be all from me today. I am keeping schtum. Saying nada. Nil. Zilch. Keine. Nul. Nowt.
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    Maryland Divorce Legal Crier

  • Divorce Quotes

    James J. Gross
    17 Apr 2015 | 1:50 pm
    “Wherever a new disagreement emerges, so does new hope for enlightenment, on both sides of the fence.” — Mike Dooley, Notes from the Universe
  • Md Legislature Adds Mutual Consent to Grounds for Divorce

    James J. Gross
    16 Apr 2015 | 8:05 am
    The Maryland General Assembly has added “Mutual Consent” as new grounds for absolute divorce in Maryland, eliminating the waiting period, if (1) the parties do not have any minor children in common; (2) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all  issues relating to alimony and the distribution of property; (3) neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland rules; and (4) both parties appear before the court at the absolute divorce…
  • Would You Let Your Children Walk Home Alone

    James J. Gross
    15 Apr 2015 | 10:36 am
    by Nelson A. Garcia Rafi Meitiv, age 10, and his sister Dvora, age 6, were walking along Georgia Avenue in Silver Spring when a passerby spotted them and called the police. A police officer asked the children what they were doing, to which Rafi replied, walking home from the park. The officer then went to the Meitivs’ house to talk with the parents, Alexander and Danielle Meitiv, who were amazed that their efforts to give their children independence has landed them in legal trouble. In February, 2015, Child Protective Services said the parents committed “unsubstantiated neglect” of…
  • Sweatpants Are Number One Reason for Divorce

    James J. Gross
    25 Mar 2015 | 1:05 pm
    Eva Mendes says the number one reason for divorce is sweatpants.  That got a lot of pushback on social media but I think I know what she meant.  Sweatpants is just a symbol for a way of life. In the sixties, some men grew their hair long.  Others objected to that.  But it wasn’t really the long hair they were objecting to.  They were really objecting to the hippie lifestyle and liberal belief system that long hair represented. Think of a complicated set of beliefs as a suitcase.  Then use another word as a handle to carry that suitcase around.  For example, lawyers use the handle res…
  • Divorce Quotes

    James J. Gross
    13 Mar 2015 | 1:09 pm
    There is no negotiating with crazy.  — Brian Perskin, NY Divorce Lawyer
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    Fathers' Rights Not Just Every Other Weekend

  • Parents Spend Two Million Dollars Fighting Over Custody

    James J. Gross
    27 Apr 2015 | 10:48 am
    “How much will my custody case cost?” is a question I hear over and over.  I don’t know is the answer.  If things go well, if both parents and attorneys are reasonable, and you are lucky, the cost may be below my initial retainer of $5,000 and you will get a refund. If you get into litigation, your fees could be two or three times that, or even more.  The sky really is the limit. Witness the Toronto case known as M. and F.  The mother alleged that the father was not entited to overnight visits with their six year old son because he had been violent toward her.  That made him,…
  • Abraham Lincoln’s Letter to His Son’s Teacher

    James J. Gross
    16 Apr 2015 | 7:14 am
    He will have to learn, I know, that all men are not just, all men are not true. But teach him also that for every scoundrel there is a hero; that for every selfish Politician, there is a dedicated leader… Teach him for every enemy there is a friend, Steer him away from envy, if you can, teach him the secret of quiet laughter. Let him learn early that the bullies are the easiest to lick… Teach him, if you can, the wonder of books… But also give him quiet time to ponder the eternal mystery of birds in the sky, bees in the sun, and the flowers on a green hillside. In the school…
  • Appeals Court Reverses Custody Award to Mother

    James J. Gross
    24 Mar 2015 | 12:02 pm
    In 2014, a judge in Talbot County, Maryland, gave custody of a 14 year old girl to Mrs. Hostetter, writing in his memorandum opinion that as “an adolescent female, this may be the most important time in her life to have a solid relationship with her mother. What’s wrong with this decision? While the judge may have been correct about the importance of the mother-daughter relationship, he was wrong about the law. In an unreported opinion in March of 2105, the Maryland Court of Appeals reversed the decision as contrary to state law and cases. In 1974, Maryland abandoned by statute the…
  • A Lesson from The Walking Dead

    James J. Gross
    18 Mar 2015 | 10:13 am
    My son and I watched The Walking Dead together last weekend.  We both looked at each other after it was over because we were still trying to figure out the ending.  We rewound and rewatched it several times.  Then we discussed it and  put the clues together.  Aha!  So that’s what it meant. I told my son I liked stories like that.  The author doesn’t tell you what happens but leaves enough clues for you to figure it out yourself after you close the book and think about if for a while.   John le  Carre writes his spy novels that way. I like to use this in my law practice.  I…
  • Those Winter Sundays

    James J. Gross
    4 Mar 2015 | 10:15 am
    by Robert Hayden Sundays too my father got up early and put his clothes on in the blueblack cold, then with cracked hands that ached from labor in the weekday weather made banked fires blaze. No one ever thanked him. I’d wake and hear the cold splintering, breaking. When the rooms were warm, he’d call, and slowly I would rise and dress, fearing the chronic angers of that house, Speaking indifferently to him, who had driven out the cold and polished my good shoes as well. What did I know, what did I know of love’s austere and lonely offices?
 
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    Family Law Source by Brian Vertz

  • Equal Custody Trumps Long Commute to School

    Brian Vertz
    12 Apr 2015 | 5:51 pm
    When one parent moves to a new neighborhood after having equal shared custody, the move might cause a longer commute time for a children traveling to and from school.  In a recent published decision, the Superior Court of Pennsylvania considered whether it was reasonable to shift primary custody to one parent in order to limit […]
  • Father Reasonably Withheld Support for College Tuition

    Brian Vertz
    14 Sep 2014 | 11:37 am
    Parents who are divorcing in Pennsylvania often express willingness to pay for their children’s college tuition when the time should come.  Some parents even put their commitment in writing. Yet, as this case demonstrates, circumstances may change from the time of the divorce settlement to the time when children matriculate in college, and an effective […]
  • Child Support Agreement Does not Limit Father’s Obligation

    Brian Vertz
    7 Sep 2014 | 11:41 am
    A recent Pennsylvania Superior Court decision considers: (a) whether a father’s child support obligation is limited by a settlement agreement; and (b) whether the court should assign an earning capacity to a mother who provides full time care for a special needs child. Morgan v. Morgan, 2014 PA Super 176  (Pa.Super.2014) Mother and Father in […]
  • College Support Agreement Enforceable in Pennsylvania

    Brian Vertz
    7 Sep 2014 | 11:35 am
    Divorced and separated parents in Pennsylvania with children going off to college may wonder who is responsible for paying the tuition. A recent Superior Court court decision reminds us of the law governing college support in Pennsylvania. W.A.M. v. S.P.C., 2014 PA Super 139 (Pa.Super.2014) When Mother and Father divorced in Missouri in 2001, they […]
  • Can Grandparents Have Custody if Both Parents are Working?

    Brian Vertz
    31 Aug 2014 | 10:51 am
    Grandparents who are raising their grandchildren in Pennsylvania, while the parents work, might wonder if they have legal custody rights under the law. A recent decision of the Pennsylvania Superior Court (non-precedential) may contain an answer to that question.  In J.L. F.L .and L.L. v. A.A.M., No. 530 MDA 2014 (August 28, 2014), the mother and […]
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    Ontario Family Law Blog

  • Kids and Divorce

    Brian Galbraith
    13 Apr 2015 | 10:05 am
      By Toni Nieuwhof You may have come to the point where you admit to yourself that your marriage is over. You haven't admitted it to anyone else because you were trying to make it work for the sake of your kids. But despite your best efforts to make the marriage work, the conflict between you is unbearable.   So, how do you separate in a way that protects your kids? You worry that your marital conflict is starting to affect not only your relationships with them, but also their behavior at home and at school.  What can you do to help them?   According to the Canadian…
  • Divorce Fears

    Brian Galbraith
    24 Mar 2015 | 7:36 am
    By Thea Cameron, Lawyer Separation and Divorce: these words bring up feelings of pain, disappointment, fear, and uncertainty.   Are you worried about the way this will impact your children, and what the financial implications will be - How will my children cope? Can I afford to stay in the home?  This is normal.  You don’t want to be the next casualty of divorce. I have seen firsthand many families destroyed by a messy divorce. It especially saddens me to see kids caught in the middle. The good news is that there is a way for couples to “divorce…
  • Reducing Family Conflict

    Brian Galbraith
    3 Feb 2015 | 8:47 am
     “We don’t agree on much, but we want to protect the kids” By Toni Nieuwhof Does this sound familiar?  Parental conflict in a family may be high whether you’re separating, living separate and apart under the same roof, or working through conflict as a married couple.  And it comes as no surprise to you that the emotional health and well-being of your children is affected by out-of-control conflict under any of the above scenarios.  Depending on the personalities of you and your spouse, and the norms of the families you grew up in, it…
  • Top Five Reasons Why You Need a Will

    Brian Galbraith
    22 Mar 2014 | 7:30 pm
    by Toni Nieuwhof “Oh yeah, I need to make that appointment.”  I hear this so frequently from successful people who generally have made sound financial choices.  Let’s face it – it’s difficult to conjure up a sense of urgency about a future event – death – one that we expect is half a lifetime or decades away.  Why do you need to have a will now? Let’s start with a fictitious case.  You have been separated from your spouse for 3 years.  Once it was clear there was no turning back, you moved on and are now in a stable…
  • Smart Divorce Options

    Brian Galbraith
    20 Mar 2014 | 12:52 pm
    Most separations and divorces are stressful and painful. You can choose to make it better or worse by the process you choose to use. The following are your choices.    Collaborative Practice Collaborative Practice is a future-focused, efficient, cost-effective, creative, problem-solving process. It is not about fighting or finding blame. With the help of professionals, you work together to find a unique resolution that meets the core concerns of both you and your spouse. You will find a resolution to the issues through a series of meetings. You’ll get the expert help and…
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    Dads Divorce

  • Protecting Your Child From An Abusive Spouse

    Shawn Garrison
    27 Apr 2015 | 9:04 am
    Question: My son lives with his mother and stepfather and he is regularly abused by both of them. One day he ran away and showed up at my doorstep. I couldn’t turn him away, but I don’t want to get in any trouble. Do I have any options? Answer: While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice. Where I practice in Pennsylvania, a parent can petition for a protective order on behalf of his child under the Protection from Abuse Act (or “PFA”) due to, among…
  • Paying For The Marital Home Prior To Mediation

    Shawn Garrison
    26 Apr 2015 | 5:00 am
    Question: Following our temporary divorce hearing the judge ordered me to pay child support and continue making payments on the marital  home until we meet with a mediator. I can’t afford to continue making these house payments. What are my options if my name is the only one on the loan? Answer: I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation. Looking at the situation from a practical standpoint, you should try to make the payments because failing to do so will get you…
  • Can Permanent Alimony Be Modified?

    Shawn Garrison
    25 Apr 2015 | 5:00 am
    Question: I am 62 years old and am paying permanent alimony. I am paying nearly $1,500 per month and don’t think I will ever be able to retire. Is there anything I can do to modify or terminate my alimony payments? Answer: I do not have all the facts of your specific case so I cannot provide you a full and complete response and can only provide you general tips regarding alimony. I am not sure what your divorce decree and/or settlement agreement, if any, provides with regard to alimony. Some agreements may waive the statutory right to modification of alimony. If your agreement does not…
  • Video: Cordell & Cordell News – April 24, 2015

    Shawn Garrison
    24 Apr 2015 | 1:26 pm
    Dads Divorce, sponsor Cordell & Cordell and sister site MensDivorce.com have teamed up to present a series of weekly recap videos to keep you informed on the latest news and top stories. This week, Cordell & Cordell posted a column by Principal Partner Joe Cordell for Financial Advisor Magazine explaining how critical it is to consider all the different financial ramifications of getting a divorce.  Too often, Mr. Cordell wrote, individuals assume life will be much better following divorce and allow emotions to dictate their decisions. Divorce is possibly the most important financial…
  • The European Solution To America’s Child Support Problem

    Shawn Garrison
    23 Apr 2015 | 11:38 am
    By now, it is blatant that there are numerous flaws with the child support system in the United States. The issues have been brought to the forefront after the incident in South Carolina where Walter Scott was shot and killed by a police officer after it is believed that he fled from the officer out of fear of being jailed for missed child support payments. On Sunday, the New York Times published a detailed story that explained why the system is broken. We hear all about the problems with the system. It’s punitive. It is based on outdated stereotypes. It makes it too easy for low-income…
 
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    Marilyn Stowe Blog

  • Children of divorce should live with both parents

    Stowe Family Law Web Team
    28 Apr 2015 | 3:17 am
    Children who live with both parents after a divorce are less likely to develop health issues, a new study suggests. Researchers from Sweden examined data from almost 150,000 children who were either 12 or 15 years old. Sixty-nine per cent of them lived with married parents, 19 per cent spent time living with both parents and 13 per cent lived in a single parent household. These living situations were compared against rates of “psychosomatic health problems”, such as trouble sleeping, loss of appetite, headaches, tension and sadness. The data showed that children who lived with married…
  • Divorce reduces retirement income

    Stowe Family Law Web Team
    27 Apr 2015 | 11:00 pm
    People who plan to retire this year are likely to be £2,100 per year worse off on average if they have been divorced, an insurance firm has claimed. Prudential publishes annual assessments of the prospects of people planning to retire over the coming 12 months. Its newly published Class of 2015 report cites the average annual income of people planning to retire this year as £17,800 for those who have never been divorced, but only £15,700 for those who have. Divorcees are also more likely to delay retirement than others, and the one in five who retire with debts are likely to owe more if…
  • Transgender woman denied children’s birth certificate changes

    Stowe Family Law Web Team
    27 Apr 2015 | 8:33 am
    A transgender woman has failed to have her children’s birth certificates changed to reflect her acquired gender. In JK, R (on the application of) v The Secretary of State for the Home Department & Anor, the woman in question married in 2007, while she still identified as a man. The couple had a daughter in early 2012 which had been naturally conceived. By June of that year, the woman had been diagnosed with “gender identity disorder and concomitant gender dysphoria” and began to identify as female. She changed her name to reflect this and started a course of hormone therapy.
  • Girl must have heart monitoring device fitted, court rules

    Stowe Family Law Web Team
    27 Apr 2015 | 8:33 am
    A seven year old girl who suffers from a serious heart disorder must have a special monitoring device implanted, the Family Court has ruled. The girl suffered a heart attack earlier this year, her doctors told the court, suffering some brain damage in the process. They discovered her heart problem after examining the seven year old. Without an ‘implantable cardioverter defibrillator’ a subsequent cardiac arrest could prove fatal, they declared. The devices monitor a person’s heartbeat and can stimulate the heart muscle, delivering an electric shock where required. But her parents…
  • A safety net with a hole by John Bolch

    John Bolch
    27 Apr 2015 | 8:01 am
    Legal aid as we know it was born in 1949, with the passing of the Legal Aid and Advice Act of that year. This was such a momentous event that in 2009 the Ministry of Justice, via the Legal Services Commission, marked its 60th anniversary by creating a special commemorative website entitled 60 Years of Legal Aid. Unsurprisingly, the MoJ, no longer with any reason to celebrate anything relating to legal aid, has since taken down the website. Happily, however, The National Archives has saved a snapshot of it, taken on 12 June 2010. The website had a great deal of interesting material on it, and…
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    Michael C. Craven | Divorce Lawyers Chicago

  • Understanding Fault and No-Fault Grounds for Divorce

    Michael C Craven
    21 Apr 2015 | 5:15 am
    As a divorce attorney, I am frequently asked what requirements are needed in order to file for a divorce. Specifically, I am asked if one spouse must be guilty or have done something wrong before a divorce can be requested. Although these answers vary from state to state, in Illinois there must be grounds for a divorce. There are two types of grounds in Illinois, fault grounds and no-fault grounds. No-fault grounds are more commonly known as irreconcilable differences. In the case of irreconcilable differences, either spouse may file for divorce, regardless of who was at fault for the…
  • Utilizing Chicago Divorce Attorneys To Develop A Solid (Yet Flexible) Co-Parenting Plan

    Michael C Craven
    7 Apr 2015 | 7:09 am
    As a Chicago divorce attorney, I have seen firsthand how difficult dissolving a marriage can prove for my clients. A common challenge when working through the divorce process is agreeing on an effective co-parenting plan for your children. Divorcing with children brings a whole set of parameters to work through. Even if you and your spouse are on amicable terms, consulting with Chicago divorce attorneys can offer a comprehensive range of benefits as you strive to effectively construct a solid co-parenting plan. Your Chicago divorce attorney can help you understand your rights as a parent, yet…
  • Who Should Pay For College Tuition After Divorce in Illinois?

    Michael C Craven
    26 Mar 2015 | 11:34 am
    Who Should Pay for College Tuition After Divorce? Sending your child off to college is inevitably filled with many emotions for both you and your child – excitement, anxiety, and, for many, overwhelming feelings about paying for tuition. Regardless of your marital status, the ever-increasing price of college tuition can make paying for your children’s education a daunting task. I know the stress first-hand as the father of two children presently in college. In my role as both the father of college-aged children and as a divorce lawyer in Chicago, I am often asked who should pay for…
  • Chicago Divorce Lawyer Sheds Light on Domestic Violence

    Michael C Craven
    17 Mar 2015 | 5:30 am
    Lately domestic violence has been in the forefront of the news and seemingly making headlines weekly. As a result, the high profile individuals accused of domestic violence are facing their consequences publicly. The media not only scrutinizes the abuser, but also any organizations affiliated with the abuser. Last year when NFL Raven’s player Ray Rice was accused of assaulting his fiancé, he was suspended for just two games. According to the New York Times, this penalty was seen as “too light and inconsistent with punishments for other offenses.” After much negative press, the NFL…
  • Chicago Divorce Attorneys explain The Changing Eavesdropping Laws In Illinois

    Michael C Craven
    5 Mar 2015 | 7:25 am
    Being a reputable and qualified divorce lawyer in Chicago means staying on top of the ever-changing laws and statutes in the state of Illinois. I take this responsibility to my clients very seriously. By helping them understand and follow the divorce laws in our state is the best way for me to protect their rights as they move forward with their divorce proceedings. While the laws in Illinois are constantly evolving, lately the state of Illinois seems even more rife with legal changes; Illinois has recently begun the process of defining maintenance guidelines for spouses seeking…
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    Scaling the Summit: Divorce, Families, & Options

  • How are Mediators similar to Robin Hood?

    17 Apr 2015 | 8:10 am
    Robin shoots with sir Guy by Louis Rhead 1912Mediation, as a service option, has grown significantly over the last 30 years.  This is one of the topics of an upcoming article in the ABA's Dispute Resolution Magazine for which I was interviewed.  We discussed how it is easier for practitioners to be trained and for clients to find mediators today than it used to be.  However, there is still one place where mediation continues to lag behind resolution of disputes through court litigation: the price.Lower cost is often a motivating factor for people seeking to resolve disputes…
  • What is a Skylark? Other than the new name of Kelsey & Trask, P.C.

    13 Apr 2015 | 8:28 pm
    Kelsey & Trask, P.C. was formed in 2008 by Justin Kelsey and Matthew Trask, and since that time we have grown and changed in many ways.  With Matt's recent opportunity to join Remington Arms, we've re-evaluated what Kelsey & Trask, P.C. means to us and to our clients.  Our new name, Skylark Law & Mediation, P.C., reflects who we are today and what qualities we want to continue to bring to our clients.  Skylark represents the future of our firm, while not forgetting where we came from.  Symbolizing that ongoing connection to our past, the letters from Skylark…
  • Should we also talk about when mediation fails?

    13 Apr 2015 | 7:23 pm
    This post is a follow up to last week's post about the Observer Effect in Family Law, and the ongoing conversation on the MBA's My Bar Access forum about the recent decision in the Ventrice case.A few attorneys in that discussion have expressed an opinion that is clearly held by many others: "...what I see is a lot of failed mediation."Unfortunately this fact may be true for many, because litigators don't see the successful cases from mediators, they only see the cases that failed. This creates a skewed view of mediation. But it's also problematic if you extrapolate any one…
  • The Observer Effect in Family Conflict

    3 Apr 2015 | 7:36 am
    Duck or Rabbit?- from Wikimedia CommonsThe recent appellate decision in the Ventrice case sparked a great discussion on the MBA's My Bar Access forum, which was started by William Driscoll the appellate counsel for the successful party in that case.  The discussion ranged from constitutional and statutory issues, to an examination of the court's ADR referral program.  One comment in particular, though, just didn't ring true for me:"My personal impression is that mediation works great for those clients who can discuss the issues like adults, but in my experience those are…
  • Things a Judge Can't Do, but You Can! - Part 4: Parent Coordinators

    27 Mar 2015 | 3:08 pm
    A number of recent appellate decisions in Massachusetts have addressed the boundaries of what Probate and Family Court trial judges have the power to do.  Agreements reached between the parties, however, can include provisions that the judges don't otherwise have the authority to order.   In this four part blog series we will explore some of the important areas that an Agreement can address but the trial court is limited in addressing.  These are just some of  the most recent examples, and not intended to be an exhaustive list of all the ways that Agreements are better…
 
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    Lawdiva's Blog

  • Family Law Nightmare: Alienated Teens Disappear, Mom Says She Knows Nothing

    Georgialee Lang
    23 Apr 2015 | 3:19 pm
    Legal experts say that most spouses settle their matrimonial differences consensually despite resentment and hard feelings that linger, yet for the sake of their children and their sensible desire to avoid court proceedings and the enormous costs, life carries on and the family makes the necessary adjustments. However, law books and judicial dockets still abound with high conflict cases where extreme positions rule and one or both parties’ hatred and anger escalates to crisis levels. A family in Minnesota now enters Lawdiva’s “Family Nightmares” Hall of Fame. As is…
  • Judicial Shaming of Convicted Judge Nixed by Court of Appeal

    Georgialee Lang
    17 Apr 2015 | 5:58 pm
    As Elton John wrote: “Sorry seems to be the hardest word”, an adage that is certainly true for convicted Pennsylvania Supreme Court Justice Joan Orie Melvin, who was ordered to deliver a written apology to every judge in the State as part of her sentence for using state facilities and staff to run her judicial election campaign. The problem Ms. Melvin had with the order was that she was to write the apology on a photograph of herself in bracelets, also known as handcuffs. Former Judge Orie Melvin and her two sisters were upwardly mobile stars in the Republican political firmament…
  • Supreme Court of Canada Strikes Down Mandatory Minimum Sentences for Prohibited Firearms

    Georgialee Lang
    14 Apr 2015 | 5:11 pm
    Everyone said Hussein Nur, age 19, was a fine young man, smart, athletic, and a leader among his high school peers. Unfortunately, Mr. Nur was caught by the Toronto police with a working 22‑calibre semi-automatic gun with an oversized ammunition clip. There were 23 bullets in the clip and one in the chamber. When working properly, this prohibited firearm fires 24 rounds in 3.5 seconds. Nur, a first-time offender, was arrested and plead guilty to possession of a restricted weapon. He was sentenced to the mandatory minimum sentence of 3 years prescribed by the Criminal Code. Sidney Charles…
  • Tabloid Fame Increases Chances of Divorce in Hollywood

    Georgialee Lang
    10 Apr 2015 | 8:57 am
    In a tongue-in-cheek article in the New York Times, writer John Tierney re-introduces his practically fail-proof formula, designed in 2006, for predicting the demise of Hollywood marriages, by relying on his friend, Garth Sundem’s statistical expertise, and his own in-depth literature review of articles published and sold in reading material at supermarket check-out lines. All in all a very impressive and scientific analysis! The formula they devised includes considerations of the relative fame of the husband and wife, their ages, the length of their courtship, their marital history, and…
  • Not Male or Female, But Bi-Gender

    Georgialee Lang
    9 Apr 2015 | 5:41 pm
    As medical experts dig deeper into the world of sexual orientation and gender identity, their research expands this field of knowledge in ways that are nothing less than bizarre. Case in point is the work of Dr. Vilayanur Ramachandran, Director of the Centre for Brain and Cognition at the University of California, San Diego, who claims to have discovered a new gender which is neither male nor female, but bi-gender. The condition identified by Dr. Ramachandran, called “alternating gender incongruity” or AGI, occurs when people involuntarily switch between male and female. Individuals with…
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    Farzad Family Law

  • How Can I Kick My Wife or Husband out of the House?

    B. Robert Farzad
    25 Apr 2015 | 11:48 pm
    Question: How can I kick my wife or husband out of the house in California? Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis. A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally? In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks…
  • What Are Typical Divorce Settlements in California? Learn About Them Here.

    B. Robert Farzad
    15 Mar 2015 | 12:13 pm
    Typical divorce settlements in California include terms that fit many cases. While every case is unique to its own facts, there are certain divorce settlement terms that overlap. What we write here are the overlapping terms we, as experienced California family law attorneys, see most often. We hope this article will give you some perspective on these common terms. What are typical divorce settlements in California? We have written this article for husbands and wives with exactly that question in mind. Will these terms fit your case? This article can’t answer that question because it’s not…
  • What are Automatic Temporary Restraining Orders and What do They Prevent?

    B. Robert Farzad
    5 Feb 2015 | 11:01 pm
    Automatic temporary restraining orders take effect immediately and understanding them is a critical part of the divorce process When you first read the words automatic temporary restraining orders, a lot of things can go through your head. So what are these things and why are they really important to your California divorce case? This article focuses on the following questions: What are automatic temporary restraining orders? What do automatic temporary restraining order prevent? How are automatic temporary restraining orders enforced? Throughout this article we may refer to these automatic…
  • What Will My Divorce Lawyer Need and Ask Me? Answers About Information and Documents.

    B. Robert Farzad
    15 Jan 2015 | 9:43 pm
    You know you need to hire a lawyer. You have started the interview process. But now you’re wondering…what will my divorce lawyer need? What questions will my divorce lawyer ask? What will my divorce lawyer need? What will my divorce lawyer ask me? When searching for a divorce lawyer, it’s normal to wonder. You have never been through a divorce before and it’s a little scary walking into an attorney’s office. It’s especially scary when you don’t know what to expect. Lucky you, that’s why we wrote this article. Because we don’t want you to be left wondering or…
  • Will My Wife Get Spousal Support from Me for Life?

    B. Robert Farzad
    1 Jan 2015 | 9:52 pm
    “Will my wife get spousal support from me for life?” It’s usually the first question a husband asks in a long term marriage where he has been the family’s breadwinner. In a long-term marriage, spousal support for life is every high income earner’s fear. “Will my wife get spousal support from me for life” is usually the first question a man will ask in a California divorce. But is that concern about lifetime spousal support realistic? Is that what California law requires on long-term marriages? This article is not legal advice and we are only writing about…
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    Fairfax, Virginia Family Law Blog

  • We provide experienced advice after car accidents

    Surovell Isaacs Petersen & Levy PLC
    23 Apr 2015 | 10:16 am
    Car accidents are common in Virginia, especially on busy roadways, certain dangerous intersections and highways with excessive traffic. While many accidents are relatively minor fender benders that cause primarily property damage with no physical injuries to any of the parties involved, other accidents are more serious. Depending on the severity of the accident or the effect it has had on you or your family, filing a car accident claim against the driver responsible for causing the accident may be an important way to protect your financial interests and ensure that you have the financial…
  • Punitive damages under Fair Credit Reporting Act

    Surovell Isaacs Petersen & Levy PLC
    21 Apr 2015 | 3:31 pm
    In Saunders v. Equifax Info. Servs., LLC, the U.S. District Court for the Eastern District of Virginia recognized that the typical punitive damage analysis does not fit within the context of a Fair Credit Reporting Claim where the Plaintiff elects, and is awarded, statutory damages. The district court identified four factors consistent with the opinions of the Supreme Court, but reflecting the realities of a Fair Credit Reporting violation: (1) whether a plaintiff was financially vulnerable; (2) whether the conduct involved repeated actions or was an isolated incident; (3) whether there were…
  • What is brain injury rehabilitation?

    Surovell Isaacs Petersen & Levy PLC
    15 Apr 2015 | 8:50 am
    A brain injury is one of the most traumatic things that a person can suffer because the brain controls all aspects of the body. For this reason, if the brain is injured, a person will suffer many physical effects across the body. Although people often talk about emergency treatment for brain injuries and the immediate medical treatment that follows a brain injury, it is brain injury rehabilitation that can help a person regain the abilities and skills that were initially lost due to the injury. Without effective rehabilitation-and sometimes even with rehabilitation-a serious head injury can…
  • Fatality results in truck crash involving two semis

    Surovell Isaacs Petersen & Levy PLC
    10 Apr 2015 | 5:18 am
    Driving a vehicle is such a common and everyday activity that many people drive as if they are on autopilot. While a person can go through months or even years without being in accident, however, the reality is that motor vehicle accidents are quite common, and often deadly. Especially when the accident is a truck crash, the effects of the collision can be quite severe. In many situations, the size of a tractor trailer will result in an accident involving several different vehicles and resulting in serious injuries. Recently in Virginia, an accident occurred that involved two tractor trailers…
  • What rehabilitation tactics are needed after a brain injury?

    Surovell Isaacs Petersen & Levy PLC
    3 Apr 2015 | 5:25 am
    When a person in Fairfax suffers from a brain injury, the first priority is to make certain the injuries are treated properly to prevent death, extensive damage and the need for long-term care. Once a person is out of danger and begins to recover, it will become necessary to consider rehabilitative options to make certain he or she is able to return to some semblance of normalcy. Understanding the various forms of rehabilitation a person will need is the first step. A brain injury isn't like a cut or a broken bone that can be treated and will recover with time. It can affect every part of the…
 
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    Children and the Law Blog

  • It’s Gotta Happen… Just Not. In. My. Back. Yard.

    Esther Kim
    27 Apr 2015 | 5:52 am
    In a recent effort to keep juvenile delinquents out of secured detention facilities, New York City’s Administration for Children’s Services stared a program called Close to Home, placing juvenile delinquents who do not pose risks to the public in group homes within the community. While this is a positive move toward reforming the country’s treatment of juveniles, South Ozone Park in Queens, New York, feels they’ve been targeted by the government to be a “dumping ground” for shelters and group homes: In the first phase of the initiative, begun in 2012, the…
  • Texas Senate Passes Bill to Decriminalize Truancy

    Esther Kim
    21 Apr 2015 | 8:04 am
    Very recently, the Texas Senate voted and passed a bill to decriminalize truancy, which is currently treated as a Class C misdemeanor, resulting in a criminal record.  Texas is one of 2 states who prosecute children for tardies and unexcused absences in adult court. While this new bill will encourage pre-court truancy prevention measures, it fails to completely remove the option to file criminal charges.  However, leaving the option to file may be the only way to get this bill on its way.  Public school districts are still in support of truancy prosecution, as they believe it is the only…
  • Poverty and Child Abuse- Not a simple equation

    Tony Urbanik
    3 Apr 2015 | 4:28 pm
    A few weeks ago, CNN reporter John D. Sutter published a major article on the prevalence of poverty in one of the richest areas in the US, Silicon valley.  Poverty levels are linked to a variety of problems for children; lower educational levels, poor health, poor hygiene, hunger, and child abuse and neglect.  It is easy to see poverty not just as a connection but a direct cause for some of these problems.  Hunger, for example, seems obviously connected to money.  If you don’t have the money to buy food for your family, then your kids will go hungry. Many people may assume child…
  • Knowing right from wrong: Circular logic in juvenile punishments

    Tony Urbanik
    21 Mar 2015 | 9:24 am
    I recently read a blog post on the Marshall Project discussing raising the age of criminal liability in several states, including Texas.  The post clearly and concisely laid out the arguments for and against raising the age and advocated strongly in favor of raising the age, and I recommend reading it if you have any interest in this subject.  However, it was not the arguments or the data used as evidence that grabbed my attention but instead it was a by a quote at the end by Texas State Senator John Whitmire.  Whitmire, a Democrat from Houston, responded to a question about pending…
  • Go to the principal’s office! Or the courtroom?

    Tony Urbanik
    2 Mar 2015 | 6:04 pm
    Last week, I was called to jury duty for the first time.  I am pretty sure I was the most excited member of the jury pool as we waited in the security line last Tuesday morning in downtown Houston.  After a couple of hours of waiting, I was selected to be part of panel in a very serious assault charge that carried with it decades of possible prison time.  As we went through jury selection, or voir dare, I was at times proud to be part of this system and other times very sad to be part of this system.  Proud that many of my fellow panelists took the process seriously and seemed genuinely…
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    911bikerlaw.com

  • Harley Softail Saddlebags – offer style and function

    Christine Hetzel
    16 Apr 2015 | 1:15 pm
    The Harley Softail is without a doubt one of Harley’s most famous and popular shaped bike. The slightly lower back-end is highly recognizable discreetly dominating the road underneath it while the powerful engine roars like the king of the jungle. In your mind you imagine a convoy of riders taking off into the sunset. This is the dream that Harley created that ignites a bright spark in the hearts of fans who desire to own one. It is only suitable that one of the most desired motorbikes on the road come with the best accessories available. Harley Softail bags are some of the quality…
  • 19th Annual Leesburg Bikefest 2015

    admin
    16 Apr 2015 | 5:00 am
    The 19th Annual Leesburg Bikefest April 24th-26th Attention all bikers, the annual Leesburg Bikefest is upon us! For those who’ve attended Bikefest before, you know it’s a great time. For first-timers, prepare yourself for 3 days of unforgettable action. For those on the fence about going, ask yourself, “What’s better than motorcycles, live music, hot body contests and tattoo expos, all in one place?” I’ll tell you the answer: NOTHING. So mark your calendars, get off work and call the babysitter. This is one weekend you don’t want to miss. The Annual Leesburg Bikefest is the…
  • Michael Brehne on questionable actions taken by police officer

    admin
    19 Mar 2015 | 1:42 pm
    As a former law enforcement officer and avid motorcyclist, I am appalled by the actions of Sergeant Spencer Ross. At a minimum, Sergeant Ross committed aggravated assault. However, he could have also committed reckless endangerment, attempted manslaughter, and a host of other felonies. Why? Was Sergeant Ross willing to take what appears to be extreme measures and crush a motorcyclist into a concrete barrier with his 4000 lb. vehicle in order to issue a citation? We need to question the motives of this officer. We need to question the judgment of this officer. And, at some point, we need to…
  • Daytona Bike Week 2015 Recap

    Christine Hetzel
    16 Mar 2015 | 12:53 pm
    Daytona Bike Week 2015 was memorable from start to finish.  911 Biker Law was set up at the World Famous Daytona International Speedway at the Midway and had the opportunity to meet avid motorcyclists from all over the world.  It was a wonderful week with cruise winners, families, and a wonderful team of people representing the offices of 911 Biker Law.   We had some great kiddos come out to our booth and even some pets were represented in the Bike Week fun!     We had tons of “Jackpot” Cruise winners, but everyone that visited our tent left with some swag and of…
  • 911 Biker Law During Daytona Bike Week 2015

    Christine Hetzel
    27 Feb 2015 | 9:16 am
    We would love for you to come out and say hello to us during Bike Week!  We know there are tons of events during Daytona Bike Week and with so much to see and do we want to make sure you have a chance to get your 911 Biker Law Swag! We will be stationed at the world famous Daytona International Speedway from March 6th to March 14th. Come by and enter a chance to win our cruise giveaway for 2 to the Bahamas.  Also be entered to win the Grand Prize of a $500 gift card towards the motorcycle gear store of your choice.  The Speedway has an event filled calendar during Bike Week and will also…
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    The Sampair Group | Legal Blog

  • Do I Need A Prenuptial Agreement?

    Sampair Legal Blog
    24 Apr 2015 | 3:00 pm
    Every significant transaction should be reduced to writing. When you make an agreement with another person or entity, the typical way to memorialize that agreement is by having both parties sign a contract. The contract will set forth the rights and obligations of each party, and is looked to for answers when a dispute arises. In family law matters, a common contract is a prenuptial agreement. The days of these types of agreements being only for the very wealthy are long gone, and a prenuptial agreement can actually be written for most marriages. Some research even shows a prenuptial…
  • Can I Ask For Changes After The Divorce Decree Is Filed?

    Sampair Legal Blog
    23 Apr 2015 | 3:00 pm
    When you file for divorce you do so by filing a document referred to as a Petition. The Petition sets forth your requests in the case, and your spouse will be required to file an Answer to the things you are seeking. Somewhere between the Petition and the final Decree of Dissolution dissolving your marriage, you will appear in Court and have the Judge make a final decision as to all the issues in the case. Some cases get to this point faster than others, while some require additional work by way of interviews, depositions, and asset discovery. Regardless of how you get to the end of your case…
  • How To Choose A Child Custody Arrangement That Works For You

    Sampair Legal Blog
    22 Apr 2015 | 3:00 pm
    Determining that divorce is the best answer to resolving your marriage issues is only the first of many hard decisions. Throughout the process there will be many issues that require resolution, and some will be more difficult than others. A divorce decides such things as property distribution, spousal support, who pays which debts, where the kids will live, how much visitation the non-custodial parent gets, and how much child support is paid. Hands down the most complex and contested issues have to do with money and kids. Figuring out a child custody arrangement that works for you takes time…
  • What Is Parental Alienation, And What Can I Do About It?

    Sampair Legal Blog
    21 Apr 2015 | 3:00 pm
    There really is no such thing as an easy divorce. This is true even when nearly all the terms are agreed to by the parties. It becomes more so when there are children involved. When a couple ends their marriage it is critical that they do so in a way that does not create chaos for the kids. Providing positive reinforcement is key, and allowing the kids to continue to enjoy a relationship with both parents goes a long way. When children see their divorced parents continue to co-parent in harmony, and agree on significant issues concerning the children the result is an emotionally well balanced…
  • Are Divorce And Separation The Same?

    Sampair Legal Blog
    20 Apr 2015 | 3:00 pm
    Divorce is not the only option when you are having marital problems. For some couples the decision to legally separate is a better choice than the decision to dissolve the marriage. The reasons why a couple might make this decision could be financial or religious, or based on some other personal belief. Regardless of the reason, there are still issues that are commonly found in divorce that will apply when separating. Knowing what to expect when considering a separation rather than a divorce will help you decide which route is best for you. The law on separation agreements is found in the…
 
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    Etheringtons

  • Family Law – What happens to superannuation upon separation

    Paul
    27 Apr 2015 | 7:30 pm
    One thing that people can have difficulty with understanding is that in a Family Law property settlement between a couple, most of the assets are clearly defined: house, cars, personal property, shares etc. But there is another asset which does need to be taken into consideration, and that is superannuation. There are a number of superannuation schemes that have different characteristics. For example, many public servants have what is called a defined benefit, so that when they reach a certain age they will receive either a pension or a lump sum which is preordained. Many other people have…
  • Understanding Copyright law

    Paul
    22 Apr 2015 | 3:46 pm
    What is Copyright? Copyright is the exclusive right of owners to protect certain creative works from being copied by others without the owners’ permission. What types of work does copyright apply to? Copyright applies to artistic and creative works such as music, sound recording, text (for example, in books, reports and webpages), films, television commercials, radio programs, podcasts and computer programs. When does copyright apply? In Australia, copyright protection exists automatically from the moment content is created in a tangible form. This means the content has to be either written…
  • Collaborative family law – an alternative way to divorce

    Paul
    31 Mar 2015 | 5:23 pm
    What is collaborative law? The divorce process is never easy. Emotions are running high, divorce proceedings can be expensive and at the end of the day, both parties want a good result for themselves. In recent years there has been a lean towards private negotiations of settlements as a first point of call. Collaborative family law was developed to equip lawyers with more than just adversarial skills in negotiating settlements. Lawyers trained in collaborative law have mediation skills and the ability to facilitate discussions between divorced couples, with the aim of reaching a resolution…
  • Transferring Assets

    Paul
    16 Mar 2015 | 3:24 pm
    Sometimes when things go wrong in a business or in someone’s personal life, clients will come and ask me “can I transfer assets out of my name?” Usually the reason that somebody wants to undertake asset protection, as it is usually called, is in order to avoid losing their home or other valuable assets in the event that something goes wrong. I am always very cautious when this is asked because the answer as to whether or not you can legitimately transfer assets out of your name is “it depends”. In the event that there is a judgment against you that is you already have a Court…
  • Selling your business? Get your lease in order well in advance.

    Paul
    9 Mar 2015 | 4:04 pm
    We have recently been assisting a number of our clients selling their business which often includes the assignment of an existing lease of the premises of the business. It is such an important element of most businesses and one that can make or break the deal. The assignment of the lease or the creation of a sub-lease can have a major impact on sale. The lease can be too short. In one case, the remaining life of the lease was too short for the seller to sell the business at all. The owner had always assumed that the lease would be rolled over as it had been in the past. However, on…
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