Family Law

  • Most Topular Stories

  • From sinking to stearing a new course: Divorce later in life

    Domestic Diversions
    David C. Sarnacki
    29 Jun 2014 | 5:13 am
    The New York Times highlights the financial problems for divorce in your 50s and 60s. Constance Gustke writes (excerpt): [M]ore Americans are going through so-called gray divorces and the downsizing that follows. **** “There isn’t much time left to enhance portfolios post-divorce,” said Susan Brown, co-director of the National Center for Family and Marriage Research. “So you have to [...]
  • Interference with Child Custody

    Family Law Guy
    21 Jul 2014 | 5:07 pm
      Maria Jose Carrascosa, 48, is a native of Spain and lived in Fort Lee, New Jersey. She had a child, a daughter, with Peter Innes while in New Jersey and the couple separated in 2004.  They signed a parenting agreement prohibiting either parent from taking the child out of the country without the consent of the other.  In 2005, while custody was still unresolved, Carrascosa took the child, then
  • Multi-State Custody Battle Over Unborn Surrogate Baby

    The Stevens Firm, P.A.
    Ben Stevens
    23 Jul 2014 | 5:30 am
    The ongoing divorce fight between Sherri Shepherd, a long-time co-host of the ABC talk show “The View,” and her husband, Lamar Sally, has taken a sad and unexpected turn. Beyond the expected fights over houses, bank accounts, and alimony, the two also appeared likely to fight over custody of a child that has yet to be born. Unfortunately, the fight now appears to involve deciding who will be forced to take responsibility for the surrogate baby, not who wants it. The mess started when Shepherd, already a mother to a 9-year-old boy, and Lamar decided to have a child using a surrogate.
  • Pre-Engagement Ring Hand Procedures

    Family Law Prof Blog
    Family Law
    23 Jul 2014 | 1:45 am
    From the New York Times: It was the stuff of Marie Valencis’ dreams: a 3.9-carat, princess-cut, platinum engagement ring with a diamond band — which her fiancé picked out by himself. But after the initial elation wore off, a seemingly...
  • Missouri Attorney General issues statement on same-sex marriages

    Missouri Divorce & Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    27 Jun 2014 | 12:40 pm
    Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution. “Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against…
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    The Stevens Firm, P.A.

  • Multi-State Custody Battle Over Unborn Surrogate Baby

    Ben Stevens
    23 Jul 2014 | 5:30 am
    The ongoing divorce fight between Sherri Shepherd, a long-time co-host of the ABC talk show “The View,” and her husband, Lamar Sally, has taken a sad and unexpected turn. Beyond the expected fights over houses, bank accounts, and alimony, the two also appeared likely to fight over custody of a child that has yet to be born. Unfortunately, the fight now appears to involve deciding who will be forced to take responsibility for the surrogate baby, not who wants it. The mess started when Shepherd, already a mother to a 9-year-old boy, and Lamar decided to have a child using a surrogate.
  • South Carolina Child Support Guidelines Updated

    Ben Stevens
    22 Jul 2014 | 5:30 am
    The South Carolina Child Support Guidelines have been updated as of July 1, 2014. This marks the first update to our guidelines since 2006, and it includes four significant changes: 1. The combined monthly income of the parties has been increased from $20,000 to $30,000. The amount of child support is generally increased at most income levels, though not tremendously. 2. The way day care expenses are handled has been updated. 3. The phase in of shared custody guidelines (Worksheet C) is not as drastic as in years past. 4. The calculations used for split custody cases (Worksheet B) has been…
  • Sealing Family Court Records in South Carolina

    Ben Stevens
    21 Jul 2014 | 5:30 am
    One politician in Washington State is finding himself the target of an especially brutal ad campaign by an opponent. Instead of the typical competitive political digs, these ads contain selections of damaging personal information found in his divorce records. Representative Roger Goodman divorced his wife back in 2012, and the case has proven a useful source of damaging information for his rival. So far, Goodman’s opponent has accused the man of being a deadbeat father, failing to pay child support, failing to file his income taxes, and driving a vehicle with his children while stoned. All…
  • Desertion as a Ground for Divorce in South Carolina

    Ben Stevens
    18 Jul 2014 | 5:30 am
    When your relationship has soured to the point that you are considering filing for divorce, it is understandable how someone would want to get out of the house as fast as possible. Leaving and living elsewhere happens all the time as couples prepare for divorce, but in some cases the decision to leave can lead to accusations of abandonment. However, desertion as a ground for divorce in South Carolina is one of the most misunderstood areas in all of our state’s family law, as you will see below. Ground for divorce Under South Carolina law, desertion appears as one of a limited number of…
  • Child Custody Modification in South Carolina

    Ben Stevens
    16 Jul 2014 | 5:30 am
    If you’ve already been through a contested child custody case, the thought of going through the same ordeal again may understandably seem daunting. Ideally, your original agreement or Order was written with enough clarity and flexibility to last until your children become adults. Unfortunately, that does not always happen. If there has been a significant or substantial change of circumstances since the last Order was issued and one parent believes that a change is necessary, an action for child custody modification in South Carolina may be in order. The following factors may lead one to…
 
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    Family Law Prof Blog

  • Pre-Engagement Ring Hand Procedures

    Family Law
    23 Jul 2014 | 1:45 am
    From the New York Times: It was the stuff of Marie Valencis’ dreams: a 3.9-carat, princess-cut, platinum engagement ring with a diamond band — which her fiancé picked out by himself. But after the initial elation wore off, a seemingly...
  • Hasday's "Family Law Reimagined"

    Family Law
    22 Jul 2014 | 6:03 am
    From Jill Elaine Hasday (University of Minnesota), writing for Slate: Too often, the law permits sibling relationships to be severed by an adoption or a parent’s divorce or death. Sometimes, siblings are left with no way to stay in touch...
  • Time Spent with Kids

    Family Law
    21 Jul 2014 | 1:40 am
    From the Guardian: Dads may deserve that card to mark Fathers' Day as research shows they spend seven times as much time interacting with their children than their own fathers did with them 40 years ago. While the time focused...
  • Review of Carbone and Cahn's "Marriage Markets"

    Family Law
    19 Jul 2014 | 11:00 am
    From Brookings: Economists have long argued that there is such a thing as a market for spouses. The old theory, associated with University of Chicago Nobel laureate, Gary Becker, is that people marry for the same reason that nations trade...
  • Reasons for Divorce

    Family Law
    18 Jul 2014 | 6:05 am
    From the New York Post: When it comes to marriage, some things never change. That’s certainly one lesson from a recent survey of 4,000 ever-divorced adults between the ages of 18 and 60. Researchers at the Austin Institute for the...
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    Missouri Divorce & Family Law Blog

  • Missouri Attorney General issues statement on same-sex marriages

    Kansas City Divorce Attorney Mark Wortman
    27 Jun 2014 | 12:40 pm
    Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution. “Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against…
  • Attorney Fees Awarded on Defective Relocation Notice

    Kansas City Divorce Attorney Mark Wortman
    17 Jun 2014 | 12:27 pm
    Recent Case:  Father was awarded sole custody and Mother ordered to pay attorney fees due to defective relocation notice. Missouri’s relocation statute requires a parent who intends to relocate the child for a period of more than 90 days to provide the following information, in writing, at least 60 days before the proposed relocation: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief…
  • 60 day Notice required for relocation, not Motion to Modify

    Kansas City Divorce Attorney Mark Wortman
    14 Apr 2014 | 9:00 am
    Case Law Update:  Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educational and mailing purposes is considered a sub-issue of custody. A change to the residential designation is a change to the terms related to joint physical custody, such as the parenting time schedule, and it is not a change to the custodial arrangement itself. In a recent case, the court determined Mother was required to comply with the Missouri…
  • Unequal Division of Marital Property Appropriate in Some Circumstances

    Kansas City Divorce Attorney Mark Wortman
    2 Apr 2014 | 10:51 am
    In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage.  The property does not necessarily need to be divided equally, but it must be divided equitably (fairly).  In determining this, the Court must consider all relevant factors, including the economic circumstances of each spouse, the contributions of each spouse to the acquisition of the property, the value of non-marital property, the parties conduct during the marriage, and any child custody arrangements.  The trial Court has broad discretion in making property division. In a recent case…
  • Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

    Kansas City Divorce Attorney Mark Wortman
    9 Mar 2014 | 1:29 pm
    Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Father appeals the trial court’s judgment in favor of Mother, on his motion to terminate child support for their daughter in college. Father sought to terminate his child support obligation when Daughter’s academic course load fell below the statutory minimum of 9 credit hours while working 15 hours per week (§452.340.5). The trial court excused…
 
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    Divorce Discourse

  • 4 Principles That Profoundly Increase Law Firm Startup Success

    Lee Rosen
    22 Jul 2014 | 4:30 am
    Starting a new practice is hard work. The logistics are challenging, and the sales aspect makes many a lawyer feel like a fish out of water. However, there are some fundamental principles that allow some to succeed while others struggle. Adopt these ideas, and you’ll be one of the winners. Here we go: 1. Bridges must be burned. No, don’t just burn them; instead, blow them to smithereens. There should be nothing left that even resembles a bridge. Commit to the path. You’re not going back. You’re not going sideways. You’re only going forward. Burn your bridge immediately because until…
  • Are You Making This Mistake at Lunch?

    Lee Rosen
    17 Jul 2014 | 4:30 am
    Do you tip at the fast food place? Of course you don’t tip at McDonald’s. There, you don’t even have to sign the credit card slip, nor is there one of those awkward blank tip lines above the “total” line. That might be the one good thing about eating at McDonald’s. But in other fast food places, they have those tip lines on the bill. The blank sits there staring at you: it begs you to write something or put a line through it or something. You wonder whether you’re obligated to tip when you’re already standing in line knowing you’re going to have to grab your food when…
  • Sometimes You Need to Let Someone Go

    Lee Rosen
    15 Jul 2014 | 4:30 am
    We met almost two years ago, and you had an extra lawyer. By “extra,” I mean that you had one more than you needed. You explained that you had been busier but things had slowed down. You were talking to me in an effort to build the practice back to its former glory. I suggested that we jettison the extra lawyer. You resisted and explained that it’s hard to find an excellent lawyer. You “knew” it was going to get busy, and you “knew” you’d need the lawyer soon. When I’m hired to do consulting, I say mean, ugly, hostile, but very, very honest things. I’ll beat you to a…
  • Training Yourself to Avoid Distraction

    Lee Rosen
    10 Jul 2014 | 4:30 am
    Distractions are…distracting. My best lessons in handling distractions don’t come from the practice of law. Instead, they come from the practice of raising children. Children are distracting. You already know that. Whether it’s kids kicking your seat back on the plane or your children calling “Mommy, Mommy, Mommy” over and over 10,000 times, they make it difficult to concentrate. After years of dealing with our kids, I’ve become a master of tuning people and things out. A building collapses outside the window. “Wow!” my wife exclaims. “Did you see that?” she asks.
  • The First Step to Heading Off Unpaid Receivables

    Lee Rosen
    8 Jul 2014 | 4:30 am
    I’m addicted to using my law firm to earn points and miles on our credit card expenditures. On top of that, I love getting the signup bonuses. To further my addiction, I signed my wife up for cards after I’d used up all the offers in my name. She was promptly approved for cards with Chase, American Express, and others. The fact that she was approved only gets interesting if you know that she hasn’t earned any significant income in more than two decades. Her applications were instantly approved online as she hit the “apply” button. So with no income, she was approved for credit.
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    UPDATES IN MICHIGAN FAMILY LAW

  • Networking | Essential for the Successful Lawyer

    Jeanne M. Hannah
    21 Jul 2014 | 4:05 am
    Conferences are important and are a great place to make face-to-face contact with other lawyers who may refer work to you.
  • New Revocation of Parentage Act | What New Rights are Created?

    Jeanne M. Hannah
    19 Jul 2014 | 1:25 pm
    After looking this morning at a post I began writing on June 12, 2012 but had never published, I decided that it had never really been finished. I have deleted it. This is an issue I'm working on, however--with a...
  • Protecting a Client's Confidential Information

    Jeanne M. Hannah
    18 Jul 2014 | 3:12 am
    I never (and I mean never) blind copy a client on email correspondence to opposing counsel. The danger is to high that a client may accidentally hit "Reply All" when commenting on the content of the email. If that happens, then the client's confidential attorney-client communication will be sent to opposing counsel. This could result in a significant disclosure of strategy.
  • Child Developmental Stages & Parenting Time Plans

    Jeanne M. Hannah
    16 Jul 2014 | 3:16 pm
    My favorite resource for developing a parenting time plan that is developmentally sensitive is "Planning for Parenting Time: Arizona's Guide for Parents Living Apart." Arizona encourages parents to develop their own parenting time plan and, in the process of doing that, to consider the developmental needs of their children.
  • Dads Matter: Dads are Indispensible

    Jeanne M. Hannah
    15 Jul 2014 | 10:14 am
    Dads Matter: Dads are Indispensible. So says the author of a new book titled "What Science Is Telling Us About the Parent We've Overlooked" by Paul Raeburn.
 
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    International Family Law

  • The Hague Abduction Convention in South Africa

    22 Jul 2014 | 1:45 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: South AfricaBy The Honourable Mrs. Justice BelindaVAN HEERDEN, Supreme Court of Appeal, Bloemfontein, South AfricaInternational child abductionThe Hague Convention of 25 October 1980 on the Civil Aspects…
  • The Hague Abduction Convention in Paraguay

    21 Jul 2014 | 1:55 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: ParaguayBy María Eugenia GIMÉNEZ DE ALLEN, Judge of the Court of Appeals for Children and Adolescents, Central Department, Asunción, ParaguayIntroductionAchieving the correct application of…
  • The Hague Abduction Convention in Panama

    18 Jul 2014 | 1:24 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: PanamaBy Delia P. CEDEÑO, Judge of Children and Adolescents of the First Judicial Circuit of Panama, Panama City, PanamaWhen we speak of “jurisdiction” we are referring to the authority of each State…
  • The Hague Abduction Convention in the Netherlands

    17 Jul 2014 | 2:22 pm
    The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013.The full article is available on the website of the Hague Conference on Private International Law.Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: the NetherlandsBy Annette C. OLLAND, Senior Judge Family Law and International Child Protection at the District Court of The Hague, President of the Dutch Office of the Liaison Judge International Child…
  • Expats with Children: Top Tips from an International Family Lawyer

    17 Jul 2014 | 11:37 am
    Expats with Children… Top Tips from an International Family Lawyer[1]By Jeremy D. Morley*I have worked for many years counseling international parents around the world about international child custody issues.Here are some of my “international family lawyer’s best tips” for clients with children who may move overseas. This article does not deal with financial issues except as they may relate to children issues. Before you move overseas, you absolutely must realize, understand and fully evaluate the fact that if you are in a new country with a child you may find yourself trapped there…
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    Family Lore

  • Re B: Children giving evidence

    22 Jul 2014 | 8:29 am
    A summary of Re B (Child Evidence) [2014] EWCA Civ 1015.Re B concerned a father's application for contact with his 5 year old son. The mother alleged that the father had been violent towards her during their relationship. Her allegations were considered material to the issue of contact and a fact finding hearing was directed. The mother wanted her older child (a daughter, G, who is now 13 years old) to give evidence at the fact finding hearing about some of the violent incidents, and her application to this end was considered by Judge Cameron on the 12th of February last. She ordered that a…
  • Not QUITE got the idea...

    22 Jul 2014 | 2:50 am
    Research indicates that legal aid contributes to significant public savings - Family Law, 22nd July 2014
  • Hot.

    18 Jul 2014 | 2:29 am
    It has been far too hot this week for me to spend too much time in front of a computer, so you will have to content yourself with my efforts on Marilyn Stowe's Family Law & Divorce Blog, which have included the following:The impact of the legal aid cuts, again - In which I look once more at the grievous impact of the government's cuts to legal aid.  What exactly is 'Without Prejudice'? - In which I answer that question.  Important cases: Payne v Payne - In which I cast my eyes back over the important but controversial case Payne v Payne.  Why do some families tear…
  • More couples getting married in Britain, says ONS

    15 Jul 2014 | 11:05 pm
    Another day, another video from a television news channel:I particularly liked the bit where the woman said she believed that marriage was very important - but that's because I'm a Christian.
  • Does sharia law allow a man to beat his wife?

    15 Jul 2014 | 1:18 am
    From Channel 4 News last night:
 
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    Toronto Family Lawyer Blog

  • Case Conferences & Due Process: B. (A.) v. A. (N.L.) 2013 ONSC 2990

    Andrew Feldstein
    18 Jul 2014 | 10:22 am
    This is an appeal dealing with issues of procedural fairness and due process, the appropriate role of a case conference judge, and clarifies what orders can be appropriately made at a case conference. Background The parties were married for three years and had a child. A temporary custody agreement gave the mother custody and alternate weekend access to the father. Their disputes centered on custody, child support, claims of harassment and the other’s inability to parent. At the first case conference, they agreed to have the Office of the Children’s Lawyer provide a report to assist the…
  • Children’s Aid Society of London and Middlesex v. B. (C.D.)

    Andrew Feldstein
    11 Jul 2014 | 10:37 am
    This case addresses whether an assessment co-authored by non-court approved and non-expert parties in its creation  is admissible evidence as an expert assessment ordered under s. 54 of the Children’s Law Reform Act. Background In October 2010, a judge ordered an assessment to be conducted by a Dr. Ashbourne, a licensed psychologist who worked at the Centre for Children and Families in the Justice System (the Centre) in London, Ontario. At the start of the assessment, the parents and the Children’s Aid Society of London and Middlesex (CAS) were notified that the assessment would be…
  • Section 30 Assessments for Custody of a Toddler

    Andrew Feldstein
    7 Jul 2014 | 5:59 pm
     Ryan v Scott In this case, the judge considered the appropriateness of ordering a custody assessment under section 30 of the Children’s Law Reform Act in a dispute over a toddler. The parties are the parents of a little girl, E., born in 2010. When E. was six months old, the mother received court permission to move with her daughter from Ottawa to her home city of Toronto. In 2011, a judge ordered that the couple would share joint custody over the child, with the mother having primary residence and day-to-day decision making authority. The decision also provided for a review of the…
  • Lack of Disclosure, Setting Aside Separation Agreements and Duty of Recipient to Verify Suspicious Information

    Andrew Feldstein
    27 Jun 2014 | 3:53 pm
    Virc v Blair et al 2014 ONCA 392 In this case, the Ontario Court of Appeal deals with the issue of whether the recipient of a deliberately misleading, false, inaccurate disclosure as part of a separation agreement negotiation has a duty to question its accuracy. Background Virc, the appellant wife, was a commercial litigation lawyer who after marrying Blair, a businessman, moved left her firm to work for her husband as in-house litigation counsel. After nearly 14 years of marriage, the couple decided to separate and began negotiating a separation agreement in 2008. The facts strongly…
  • The Admissibility of Surreptitious Tape Recordings as Evidence in a Custody Review

    Andrew Feldstein
    20 Jun 2014 | 11:44 am
    F. (A.) v. W. (J.) This case involves a rare decision where tape recordings made without the subjects’ knowledge were allowed as evidence in a custody proceeding. Background & Prior Orders In a 2011 custody hearing, Justice Harper became increasingly concerned by AF’s emotional manipulation of her three children that distorted their feelings regarding their father, JW. AF had physical custody of the children whose ages ranged from 9 to 11. He noted how she expended great effort to impose her antagonistic feelings for JW onto the children’s’ relationship with him. By the time of…
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    Sanns Mediation World of ADR

  • Name Change in a Divorce in NJ

    Marvin Schuldiner
    21 Jul 2014 | 2:32 pm
    New Jersey law allows either spouse in the divorce process to change their name.  N.J.S.A. 2A:34-21 reads in pertinent part: The court, upon or after granting a divorce from the bonds of matrimony to either spouse … may allow either spouse … to resume any name used by the spouse … before the marriage …, or […] Related posts: Divorce from Bed and Board New Jersey has a law on its books from 1907... Power-of-Attorney Restricted in Divorce Cases A Superior Court Judge in Ocean County ruled that unless... Expectations During a Divorce One of the biggest causes of anxiety for…
  • Power-of-Attorney Restricted in Divorce Cases

    Marvin Schuldiner
    16 Jul 2014 | 8:12 am
    A Superior Court Judge in Ocean County ruled that unless a person has been declared incompetent and needs the assistance of a guardian, that person must appear in court for a divorce in person.  In a case of first impression, Judge Lawrence Jones made his ruling in Marisco v. Marisco (FM-15-1152-13-N).  The decision was made a year ago, […] No related posts.
  • Expectations During a Divorce

    Marvin Schuldiner
    16 Jul 2014 | 7:25 am
    One of the biggest causes of anxiety for people considering a divorce is the unknown expectations about the process.  Elinor Robin explains in this Huffington Post article about some expectations to have: Expect the courts to move in strange ways — it’s not like TV portrays court. Expect that divorce will take you into uncharted […] No related posts.
  • Mediating Difficult Divorce Situations

    Marvin Schuldiner
    5 Jun 2014 | 8:16 am
    On May 9, 2014, I was honored to serve on a panel to discuss mediating difficult divorce mediation scenarios at the NJAPM Annual Divorce Seminar.  We talked though (and encouraged audience participation) situations including nesting, reimbursement requests for breast enhancement surgery just prior to the divorce, threats made by one party against the other in mediation […] No related posts.
  • New Year’s Resolutions for Divorced Parents

    Marvin Schuldiner
    2 Jan 2014 | 6:33 pm
    The Huffington Post has a nice article on New Year’s resolutions for divorced parents.  Some are obvious, but not everyone may be thinking about these things. Happy New Year to all my clients and readers!   Related posts: Changing a Child’s Name After Divorce The NJ Supreme Court recently gave a decision in Emma...
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    Illinois Divorce Lawyer Blog

  • Shared Parenting Challenges and Benefits

    11 Jul 2014 | 6:48 am
    My practice centers, in part, on complex custody litigation, sometimes involving psychological issues, addiction issues, domestic violence, and negative parenting behaviors. In some cases, I need to aggressively manage a custody case for my clients to ensure the optimum result for the client and the children. This may mean sole legal custody and restricted visitation for the other parent. In other cases, where the parents are loving, competent, and willing to cooperate, a shared parenting plan can really work out well. I have developed a number of shared parenting models that I can apply to…
  • How to Spot a Narcissist: Illinois Divorce

    2 Jul 2014 | 6:16 pm
    Marriage and Family Therapist Holly Brown has written a spot on article about identifying and avoiding a long term relationship with a narcissist. If you are in a marriage with a narcissist, and need counsel as to how to end a marriage that is causing you and the children emotional suffering, contact our offices. Michael Roe is one of the country's leading lawyer specialists on personality disorders and divorce. In the meantime, here are the signs of the narcissistic personality to be aware of: How to Spot a Narcissist By Holly Brown, LMFT A lot of people assume narcissists are easy to spot,…
  • Divorce Financial and Retirement Asset Planning

    28 Jun 2014 | 11:29 am
    The article below highlights some of the issues and concerns that attach to a divorce after a lengthy marriage. Under Illinois law, retirement assets are divisible between the parties; there is a common practice that IRA's, 401(k)s and pensions are to be valued as of the date of the divorce, and allocated between the divorcing spouses equitably. A person's retirement plan is a lifeline to the future. For many, it is their most important asset, even more emotionally valuable than a house or investment account. With this in mind, it is critical that the identification, valuation, and allocation…
  • Kane County Divorce: Women and Financial Life After Divorce

    20 Jun 2014 | 4:29 pm
    Studies confirm that women can suffer economically much more, over time, than men after divorce. You may be receiving child support and spousal support (maintenance), or a combination of the two called in Illinois "unallocated support," but maintenance is sometimes periodic and reviewable, and you likely cannot rely solely on both these income sources to sustain you and your children. Men that have careers tend to, over time, increase their incomes and save more for future years, while women tend to struggle to maintain an adequate financial roof over their heads over time. Because Illinois'…
  • DuPage County Divorce Lawyer: Kids and Divorce

    20 Jun 2014 | 4:09 pm
    Many complex divorce and custody cases involve mediation sessions, appointments with custody evaluators and guardians ad litem, along with stressful court hearings. Sometimes neglected in the process of divorce is consideration for how the children in the family are faring while the divorce is being processed. In my practice, I want my clients to be actively attentive to the emotional and psychological needs and changes that appear in the children, and to be responsive to those needs and changes. Sometimes a good clinician, such as a counselor or therapist, can be very beneficial for children…
 
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    Maryland Family Law

  • Home alone

    Heather Sunderman
    16 Jul 2014 | 1:04 pm
    I regularly receive inquiries from parents about the age at which children can be left alone. There have been recent publicized cases about children left alone. In Maryland, there is no simple answer. It is prohibited to leave a child under 8 alone at home, in a car, etc, but it may also be deemed neglect depending on the circumstances even if a child is 8 or older. A number of considerations are relevant, including the maturity of the child, any physical or mental disabilities, how long and where the child has been left. Keep in mind that even if it doesn't rise to the level of criminal…
  • Judicial Elections

    Heather Sunderman
    4 Jun 2014 | 6:09 am
    In Maryland, Judges are generally appointed by the Governor after undergoing an extensive round of interviews, application process and seeking the endorsement of various bar associations. After this process, they must stand for election. This year, four Judges are seeking to retain their positions, as well as one individual who has not been appointed as a Judge. The election is non-partisan, meaning that only the names of the candidates are shown, and the ballot will not indicate who the incumbent judges are. The following links are bios for the judges: JUDGE GARY E. BAIR   JUDGE AUDREY…
  • What is legal custody?

    Heather Sunderman
    2 Jun 2014 | 9:00 am
    In Maryland, legal custody pertains to the person or persons who get to make major decisions on behalf of the child. Generally, this includes health, education and religious decisions. Parents are the joint natural guardians of their children, but a court can determine that either or both parents will have joint or sole legal custody. It is also possible for the Court order some combination of these, for example, a parent who is a doctor might have final decision-making authority over health decisions, and joint legal custody with regard to educational decisions. Joint legal custody also…
  • Gender bias in the family courts?

    Heather Sunderman
    14 May 2014 | 1:21 pm
    An article in Slate examined the issue of gender bias in the court system. The article mentions two recent high profile cases, Bode Miller and Jason Patric and their cases seeking parental rights/custody. The article disputes the possibility of gender bias, noting the rise of joint custody in many states. However, the article did note that finances are a huge factor in a "fair" outcome, and that higher income parents are more likely to have joint custody. In Maryland, there is no presumption of joint custody or a presumption in favor…
  • New courthouse annex opens in Rockville

    Heather Sunderman
    5 May 2014 | 10:49 am
    Last week, the new annex to the Circuit Court for Montgomery County opened.  The new addition is clean and beautiful, and also serves to co-locate the Court's family law services.  Besides judicial functions, the Court provides a clinic for Self-Represented Litigants to help people do not have attorneys, custody evaluators, who also teach the Co-Parenting classes mandated in contested custody cases, and make referrals to other agencies and professions to benefit the family.  All this is a way of acknowledging that family law cases are different from other court…
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    New Hampshire Family Law Blog

  • Norberg v. Norberg: Alimony Cannot Be Waived By Agreement

    Kysa Crusco
    16 Jul 2014 | 8:32 pm
    When negotiating a settlement, it is important to keep in mind that New Hampshire law does not allow parties to waive future alimony. The 1994 case of Norberg v. Norberg is controlling. It explains that although property division is not modifiable, alimony is an entirely different matter. Even if the parties enter into an agreement that expressly waives their right to seek alimony, the court retains the authority to revise its orders under RSA 458:14.  How this factors into settlement negotiations will depend on the facts of your case. First, whether you go to trial or…
  • In Re Lyon: Extension or Renewal of Alimony to be Made as Justice Requires

    Kysa Crusco
    9 Jul 2014 | 9:49 pm
    On May 30, 2014, the New Hampshire Supreme Court issued an opinion In the Matter of Lyon. This decision clarifies the standard to be applied in requests to extend or renew alimony.  The Facts Husband and Wife divorced in May 2007. They entered into a permanent stipulation that was incorporated into their divorce decree that required Husband to pay to Wife $3,000 per month in alimony from January 1, 2007, through June 30, 2007, and $5,000 in monthly alimony from July 1, 2007, through June 30, 2012, “or until the death of either party, whichever first occurs.” A month before…
  • Unmarried Parents Get Equal Protection for New Hampshire Appeals

    Kysa Crusco
    7 Apr 2014 | 7:19 pm
    Miller v. Todd, a parenting case between two parties who were never married, raised the issue of whether Supreme Court Rule 3 is unconstitutional because it treats married and unmarried parents differently for the purposes of an appeal. At the time, only parents who were married were entitled to a mandatory appeal from an initial determination of parental rights and responsibilities. A mandatory appeal provides that the case “shall be accepted by the supreme court for review on the merits.” Although an appeal from a final divorce decree or final decree on legal separation is a…
  • In re Deven O: Father rebutted presumption of abandonment in termination of parental rights

    Kysa Crusco
    27 Mar 2014 | 7:33 am
    The Supreme Court issued In Re Deven O. on November 7, 2013. The Facts Deven was born in June 2006 and lived with his parents until they split up in December 2006. Deven lived with his mother and visited with his father a few days each month until December 2007, when father was arrested and incarcerated for armed robbery. Mother visited father in prison, but Deven visited just once. When father was released to a half-way house in June 2010, father visited with Deven multiple times per week over the next three months. In September 2010, mother told father that she did not want him visiting…
  • Proving your New Hampshire Petition to Terminate Parental Rights

    Kysa Crusco
    11 Mar 2014 | 7:07 pm
    The New Hampshire Supreme Court has often reiterated that parental rights are “natural, essential, and inherent." Such fundamental liberty interests are not easily swept aside. It is therefore imperative to understand the law and procedures for a termination of parental rights. Check out the latest You Tube video about proving your petition for termination of parental rights.
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    Dads Divorce and Fathers Rights Blog

  • What Can I Do if Judge Doesn't Enforce the Divorce Decree?

    22 Jul 2014 | 5:14 am
    Question: My divorce has been final for more than 120 days. In the divorce decree, there are certain requirements including one that says my ex and I must split medical costs. My ex has not followed many of the decree's requirements. My lawyer and I went before the judge and asked if we could file a motion of contempt. The judge said no and has only given my ex lectures. What can I do if the judge will not enforce the divorce decree?
  • Teenagers and Custody When No Custody Arrangement Exists

    22 Jul 2014 | 2:27 am
    Question: My teenage son wants to move in with me and leave his mother's home.  His mother and I were never married, and neither one of us has custody of him ordered by a court. I have been paying her child support throughout the years. I was wondering how a custody agreement could be arranged, and whether he could live with me?
  • Book Excerpt & Giveaway: Always Mom, Forever Dad

    18 Jul 2014 | 6:21 am
    One of the most difficult aspects of divorce when you have children can be the process of explaining to them what is happening and reassuring them that they are still loved. Elementary school teacher and author Joanna Rowland recently published a children's book that touches upon this subject called, "Always Mom, Forever Dad."  In the book, divorce and traveling between two households is looked at through children's eyes. Rowland does an excellent job of presenting both the mother and father characters fairly as well as coming up with all sorts of activities that children can still look…
  • VIDEO: Cordell & Cordell News - July 18, 2014

    18 Jul 2014 | 1:15 am
    DadsDivorce, sponsor Cordell & Cordell law firm and sister site MensDivorce.com have teamed up to present a series of news round-up videos at the end of each week. In this week's news, Cordell & Cordell launched its new online video consultation option for those who need an alternative to meeting in person. DadsDivorce published an article with tips for dating after divorce.  MensDivorce discussed the importance of establishing paternity for unwed fathers. Check out the weekly news video below.  
  • Planning to (Eventually) Buy a New Home Before, During & After Divorce

    17 Jul 2014 | 5:10 am
    For some, the decision to divorce is gut-wrenchingly difficult; for others, it's easier than the paperwork involved. Even the most amicable separation is full of court documents and legal agreements, and if real estate is in the mix, then things get even more complicated.  Moving out and finding your own place can be daunting, and some couples choose to live in the same house instead of going through what's necessary to physically separate. It's difficult, but it's doable. Start by reading these tips on how you should plan for each stage of divorce. Before This is when you need to make…
 
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    Alabama Divorce & Family Law Attorney Blog

  • Buying Out Your Ex-Spouse or Selling the Family Home?

    16 Jul 2014 | 6:56 am
    For most couples, the family home is the biggest investment made during a marriage. This often makes it the central focus of property disputes and can raise questions for both parties—including whether the home should be sold or how to protect the home if you wish to keep it for your children. While one party may want to keep the home, the other may want to sell it and liquidate the asset. Either way, it is important to know the law, protect your rights, and have a clear understanding of how the courts will side in the event that your case goes to court. Our Birmingham property division…
  • Collaborative Divorce is On the Rise in Alabama

    16 Jul 2014 | 6:45 am
    Divorce can be complicated and overwhelming for any family—even when parties are reasonably amicable about the divorce. One alternative to the traditional court system,  “Collaborative Divorce,” is giving couples a new way to resolve their issues without the interference of a court. According to recent reports, couples who divorce through the collaborative process are more likely to follow through on their agreements. Collaborative divorces are generally less costly and the agreements give both parties more freedom to exercise their own options and interests, rather than…
  • Custody Debate Over Unborn and Unwanted Surrogate Baby

    13 Jul 2014 | 6:49 am
    Modern families have evolved to include same-sex couples, step-children, blended families, and surrogate pregnancy. While the notion of modern marriage has changed, so has the modern divorce. The case that once was about a custody battle over an unborn child has now become a more complicated debate about giving up a child born through surrogacy. According to The New York Post, a woman with a pending surrogate child on the way is facing a divorce—and no longer wants custody of the unborn child. When sorting through the messy finances of a divorce, a judge will also be forced to decide who…
  • Divorce and Debt Negotiation: Making a Clean Break

    10 Jul 2014 | 6:45 am
    Whether young or old, any couple entering into marriage is not usually thinking about its downfall. Likewise, most couples are not going to scrutinize debt until it is time to divorce. When the end is near, one of the most contentious issues involve individual or mutually accrued debts. It can be complicated to divide medical, credit card, mortgages or other personal debts, regardless of who was initially responsible. Unfortunately, for some parties, the debt division process can be even more complicated if a former spouse fails to follow through on agreements made in a divorce decree or…
  • Strategic Asset Liquidation in Divorce Cases

    28 Jun 2014 | 6:28 am
    Making the decision to divorce can be accompanied by a number of difficult financial decisions. Should you sell the family home? How will you divide retirement accounts? Who should cover your children’s health insurance costs? One of the most complicated financial hurdles is deciding which assets should be liquidated. The treatment of assets can have significant personal, financial, and tax consequences so it is best to have a comprehensive understanding of asset liquidation before entering a divorce settlement. Assets generally refer to the property that you own, including your home,…
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    Domestic Diversions

  • Top 5 admissions: Are you trying to kill your children?

    David C. Sarnacki
    20 Jul 2014 | 5:52 am
    CNN’s Kelly Wallace shows how many otherwise good parents admit to choices that put their kids at risk of serious injury and death.
  • Spilling your guts and other concerns when preparing for divorce

    David C. Sarnacki
    13 Jul 2014 | 10:34 am
    Kim Komando adds 5 things to your To Do List when a divorce is coming, as well as an opening warning to think twice before posting to social media. In the column, Komando has tips regarding passwords, social media profiles, personal information, and the kids. In her introduction, Kim Komando writes (excerpt): My father used to [...]
  • Favors make the world go around: “Social wheels” and relationships

    David C. Sarnacki
    5 Jul 2014 | 10:40 am
    Psychology Today included an item from Susan Krauss Whitbourne’s blog, entitled “How to Ask For a Favor.” She offered 7 specific situations commonly involving opportunities for favors, and she identified 4 core principles. Susan Krauss Whitbourne, Ph.D., explains each of these Four Favor principles (excerpt): 1. Be honest and straightforward. . . . 2. Don’t [...]
  • From sinking to stearing a new course: Divorce later in life

    David C. Sarnacki
    29 Jun 2014 | 5:13 am
    The New York Times highlights the financial problems for divorce in your 50s and 60s. Constance Gustke writes (excerpt): [M]ore Americans are going through so-called gray divorces and the downsizing that follows. **** “There isn’t much time left to enhance portfolios post-divorce,” said Susan Brown, co-director of the National Center for Family and Marriage Research. “So you have to [...]
  • Forget your perfect offering: The cumulative effect of imperfect parenting

    David C. Sarnacki
    15 Jun 2014 | 5:46 am
    On Being includes a post by Parker J. Palmer that, while not intended to focus on Father’s Day, applies to parenting: Have the courage to make small contributions knowing that there is a cumulative power in your imperfections. Palmer writes (excerpt): [Leonard] Cohen’s lyrics [in Anthem] remind me that there is a particular kind of courage [...]
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    Pennsylvania Family Law

  • SUPERIOR COURT CLARIFIES WHEN CUSTODY FACTORS MUST BE EVALUATED

    Mark Ashton
    21 Jul 2014 | 1:00 pm
    We are slowly observing some flesh of judicial precedent applied to the bones of the custody stature enacted by the General Assembly and made effective in January, 2011.  A recent and significant contribution to that came in a Superior Court decision which was ascribed precedential value on July 11. S.W.D. v. S.A.R. is an appeal from a custody decision made in Armstrong County.  The dispute involved a child identified by initials in the opinion as B.A.D. and is reported at 2014 Pa. Super. 146.  The primary dispute revolved around where a five year old would attend kindergarten.  The…
  • PA COURTS WILL ENFORCE OUT-OF-STATE RESTRAINING ORDERS

    Aaron Weems
    21 Jul 2014 | 7:23 am
    Welcome Gift for Coming to PA and Violating a Restraining Order Like many border areas of states, living in eastern Pennsylvania commonly results in legal issues which “span the river” into New Jersey, New York, Maryland, or Delaware (for our colleagues in the central and western part of the state, you can add West Virginia and Ohio); states with distinct laws and procedures from each other. Jurisdictional issues, choice of law issues, and standing can become important considerations for cases. For an action like a Protection from Abuse (“PFA”) or, in New Jersey, a Final Restraining…
  • ATTORNEY-EXPERT CONFIDENTIALITY NOW A RULE

    Aaron Weems
    14 Jul 2014 | 7:36 am
    In May I wrote about the Pennsylvania Supreme Court’s split decision (resulting in affirmation) on protecting the communication between attorneys and the experts working on their cases. This was an important decision for a number of reasons, but despite the affirmation of the lower court’s decision, the fact it was a 3-3 split with some dissent made it precedence, but not without some concern that another case could cause the courts to shift course again. The Pennsylvania Supreme Court has now taken that decision one-step further and codified it as the new Rule 4003.5 of the…
  • COLLEGE SUPPORT AND THE APPARENT REVIVAL OF MILNE V. MILNE

    Mark Ashton
    30 Jun 2014 | 9:05 am
    MAZUREK v. RUSSELL   2014 Pa Super. 130 (2014) College provisions in property settlement issues have always been a source of controversy.  The typical provision calls for mutual consent “which consent shall not be unreasonably withheld”.  The language seems clear enough when pen is set to paper but when enrollment time comes the games begin as mother has one set of ideas and father another.  The other wrinkle is that by the time college rolls around a child may be estranged from one parent.  So what is “consent” and can it ever be reasonably withheld? A case decided on June 24…
  • FAMILY LAW TAX ISSUES: THE GIFT TAX EXCLUSION

    Aaron Weems
    29 Jun 2014 | 9:08 am
    I hope you enjoy your box full of $20′s As we head into the second half of 2014, now is a good time to take stock of your financial and tax situation, particularly if you are separated or divorcing. Over the next few posts, I am going to highlight some areas worth considering if you are in either situation since it is much easier to stay ahead of these issues rather than scramble to catch up to them in January or February next year. For this post, I wanted to give a brief summary of how monetary gifts are dealt with by the IRS and how they can impact a divorce case. The first thing to…
 
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    Family Law Guy

  • Interference with Child Custody

    21 Jul 2014 | 5:07 pm
      Maria Jose Carrascosa, 48, is a native of Spain and lived in Fort Lee, New Jersey. She had a child, a daughter, with Peter Innes while in New Jersey and the couple separated in 2004.  They signed a parenting agreement prohibiting either parent from taking the child out of the country without the consent of the other.  In 2005, while custody was still unresolved, Carrascosa took the child, then
  • Should a Five Year Old Give Preference Testimony?

    15 Jul 2014 | 5:19 pm
        Professional basketball player, Chris Bosh, has been in a custody battle over his young year old daughter with the child’s mother, Allison Mathis.  Apparently Mathis is requesting that their daughter, Trinity, (either four or five years old), testify in court.  http://cocoafab.com/uh-oh-chris-boshs-baby-mother-seeks-to-have-their-child-testify-in-custody-battle/http://madamenoire.com/444759
  • Update on Failure to Make Child Support Payments

    7 Jul 2014 | 4:01 pm
        An update on my previous blog from last week (July 1)!  Apparently, Houston resident, Clifford Hall, who was jailed for failing to pay child support has been released after one week.  Hall’s wages were being withheld to pay the child support but, due to some type of clerical error by his employer, the wages were improperly withheld or not being paid to the mother.  He is current and has paid
  • Grey Divorce and Retirement Plans

    3 Jul 2014 | 2:37 pm
    From today's New York Times
  • Failure to Make Child Support Payments

    1 Jul 2014 | 2:57 pm
        Clifford Hall from Houston, Texas was sentenced to six months in jail for failure to pay his child support.  He fell behind and owed more than $3,000 in child support.  His wages were garnished but his company failed to submit the money to the court for his ex-wife to collect.  Hall has become current plus an extra $1,000 but could not avoid facing jail time based on a Texas law.  http://
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    Rochester Family Lawyer

  • Standard of Living, Diminished Income, Spousal Maintenance and Child Support

    alexkorotkin
    5 Jul 2014 | 6:31 pm
    The courts in New York have had some difficulty dealing with situations were a claim of recently diminished income has been presented to the court in response to a temporary spousal support application. In most situations, the courts would either impute income or deny downward modification. The courts have been concerned with the parties’ standard of living for the non-monied spouse and the children despite  the claims of the income-producing spouse of diminished resources and/or income. One trial decision, S.A. v. L.A., 2 Misc.3d 7441 (Sup. Ct. Westchester Co.), illustrates the…
  • Updates to New York’s Child Support Standards Chart

    alexkorotkin
    3 May 2014 | 2:19 pm
    According to the Child Support Standards Chart, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, and released March 12, 2014, the 2014 poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services is $11,670 and the 2014 self-support reserve is $15,755. These numbers are highly relevant for child support calculations and may have a role in determining child support arrears in situations where payor’s income is less than the guideline amount for a single person.
  • Surrogacy and Adoption

    alexkorotkin
    3 May 2014 | 1:38 pm
    One area where New York still lags behind other states has to do with surrogacy contracts. New York does not recognize surrogacy contracts statutorily since it deems the underlying surrogacy contracts to be against public policy, and they are void and unenforceable in New York. See N.Y. Dom. Rel. L. § 122. However, what happens to a child born as a result of such contract? In a recent decision, Matter of J.J., 2014 N.Y. Slip. Op. 24089 (Fam. Ct. Queens Co. 2014), New York Family Court held that a child born as a result of a surrogacy contract can be adopted in the State of New York,…
  • Transmutation of Separate Property into Marital Property

    alexkorotkin
    23 Mar 2014 | 7:16 pm
    One of the basic theories in equitable distribution and divorce litigation is that of transmutation. Transmutation theory holds that by their actions, the parties are able to modify the status of the property they own from separate property to marital property. Most of the time transmutation occurs when the parties commingle separate property with marital property or place what otherwise be separate property into both parties’ names.  This was demonstrated in Fehring v. Fehring, 58 A.D.3d 1061 (3rd Dept. 2009), where the money received on account of personal injuries by the husband,…
  • Minors and Rescission of Acknowledgment of Paternity

    alexkorotkin
    2 Feb 2014 | 2:20 pm
    A recent bill signed into law by Governor Cuomo, allows minors who acknowledged paternity of their children to have a brief period of time when they turn 18 to seek to rescind that acknowledgment . Family Court Act §516-a will permit young men who signed the acknowledgment of paternity up to 60 days, starting on their 18th birthday, to file a petition seeking to vacate. Under the present law, if someone over the age of eighteen has signed an acknowledgment of paternity, the signatory may seek to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment…
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    Fort Lauderdale Divorce Lawyer Blog

  • Establishing Time-Sharing and Parenting Plans for Children With Special Needs

    14 Jul 2014 | 10:46 am
    Crafting parenting and time-sharing plans are challenging enough under ordinary circumstances. When the child whose custody must be resolved also has special needs, the decisions become even more difficult. However, when these cases go to court, the law imposes the same analysis as all other parenting plan and time-sharing matters. Namely, the court must decide based upon the best interest of the child. The law does not require the involvement of guardians ad litem or expert witnesses, as one recent Third District Court of Appeal ruling highlighted. Jonathan Stockman and Nedge Turnier, both…
  • How to (Not) Keep A Separate Property Separate for Purposes of Equitable Distribution

    7 Jul 2014 | 8:41 am
    Few spouses, while happily married, stop to consider maintaining the proper legal segregation of assets they acquired separately before or during the marriage. This often leads to trouble when a spouse mixes his/her separate assets with marital property and, as a result, causes the law to view that asset as having become marital property as well. One recent decision from the 4th District Court of Appeal, ruling that a real estate interest a wife inherited had converted to marital property, demonstrates the problems a spouse can create when she fails to maintain the required separation. Before…
  • 'Better Safe than Sorry' Not a Sufficient Basis for Granting an Order of Protection

    26 Jun 2014 | 2:39 pm
    A single outburst proved to be inadequate to support an order of protection granted to a woman by a Martin County court. Since the accused man had never harmed or threatened the woman before or after the single incident, and the woman was not afraid of the man, there was no evidence that she was in "imminent danger" of suffering harm, and the 4th District Court of Appeal ruled that a protective order was not warranted. Kathryn White's appearance in Circuit Court in Martin County represented the aftermath of the somewhat acrimonious end of her three-month relationship with Abraham Toubail. In…
  • Wife's Cohabitation Not a Basis for Modification Due to Alimony Agreement's Narrow Language

    19 Jun 2014 | 1:00 pm
    A husband's recent failed attempt to modify his alimony obligation serves as a cautionary tale for all divorcing spouses as they consider signing agreements regarding alimony. The husband sought modification because the wife had been cohabitating with a man for two years. The 4th District Court of Appeal ruled that this was not grounds for modification, however, since the couple's alimony agreement listed remarriage, but not cohabitation, as a valid basis for modifying the husband's obligation. When Husband and Wife divorced in 2007 after 17 years of marriage, they reached a marital…
  • Wife's Self-Imposed Unemployment Factors into Alimony Calculation

    12 Jun 2014 | 12:31 pm
    A recent 4th District Court of Appeal ruling highlighted the complicated issues involved in calculating alimony in a case where the wife, who was previously a successful professional, retired early and did not intend to return to work after the divorce. The appeals court rejected a trial court ruling imputing no income to the wife, determining that, because the wife was qualified for certain jobs and that her continued unemployment was her own choice, the lower court should have imputed some income to the wife in determining the amount of alimony the wife should receive. When Arthur Adelberg…
 
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    Ohio Family Law Blog

  • Child Support: Should You Talk To A CSEA Ombudsman?

    Anne Shale
    19 Jul 2014 | 12:53 am
    Interview With Montgomery County CSEA (Child Support Enforcement Agency) Ombudsman Anne Bissacco On May 28, 2014, I had the opportunity to spend time with Anne Bissacco in an interview for this Ohio Family Law Blog Article.  Anne is the Ombudsman and Customer Relations Supervisor for the Child Support Enforcement Agency (“CSEA”) for Montgomery County, Ohio.  What is an “ombudsman”?  Webster’s New World Dictionary defines the word as follows: “A public official appointed to investigate citizens’ complaints”.  This is exactly the role that Anne performs.  She listens to…
  • DOMA: Same-Sex Marriage Rights Update

    Robert L. Mues
    12 Jul 2014 | 1:19 am
    A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages. What was the DOMA ruling? The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however,…
  • 4th Of July Family Memories: The Red Ones Are the Best!!!

    Robert L. Mues
    5 Jul 2014 | 12:22 am
    Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence…
  • Animal Protection: New Bill Would Shield Pets From Abuse

    Robert L. Mues
    27 Jun 2014 | 11:55 pm
    Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse? A bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language… The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of…
  • Divorce and Your Mortgage Interest Tax Deduction

    Robert L. Mues
    21 Jun 2014 | 1:25 am
    Consider Allocation Of Mortgage Interest Tax Deduction When Filing A Divorce Decree In Ohio, and elsewhere, you may be able to deduct the interest paid on the mortgage on your principle residence when filing your tax return.   A deduction is simply the lowering of your taxable income.  For example, if you make an adjusted gross income of 70,000 dollars and have paid 10,000 dollars in mortgage interest throughout the year, you’re taxable income before other deductions would be 60,000 dollars. Regardless of whether you’re single or married, you’re able to claim your mortgage interest…
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    NJ Family Legal Blog

  • CHANGING YOUR NAME POST DIVORCE

    Sandra C. Fava
    22 Jul 2014 | 6:36 pm
    In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner.  The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons why to or not to change from the married name.  N.J.S.A. 2A:34-21 is the statute that governs legal name changes in our state. Rarely do we see the courts chime in on this issue, because generally its quite mundane.  However, a recent published trial court opinion stemming out of Passaic county gives guidance on when is…
  • ABA BLAWG 100 – PLEASE NOMINATE THE NEW JERSEY FAMILY LEGAL BLOG

    Eric S. Solotoff
    17 Jul 2014 | 9:14 am
    We have been writing the New Jersey Family Legal Blog since 2008.  The writing has been a labor of love for us and has been very well received.  Aside from the satisfaction of seeing that thousands of people read the blog each month, we have heard from judicial law clerks and other lawyers about how much they enjoy the blog and use it as a resource – sometimes their first resource when doing reseach.  Sometimes we even see our posts used against us by adversaries. Each year, the ABA Journal publishes the ABA Blawg 100, recognizing the 100 best legal blogs.  We would ask that you…
  • THE DAY “DADDY” BECAME “DAD” – CHILDHOOD GOES BY QUICKLY

    Eric S. Solotoff
    9 Jul 2014 | 1:10 pm
    I experienced a bittersweet moment this weekend.  My family was away for the holiday weekend (the weekend before my daughter’s 11th birthday), and she had a friend with her.  All of a sudden, gone was “daddy” only to be replaced by the much more mature sounding “dad” when she spoke to me.  I was not angry.  In fact, words cannot express the love and pride I have for both of my children.  That said, it was a stark reminder about how fast children grow up.  In a instant, she graduated from that sweet little girl to a mature (most of the time) pre-teen.  It…
  • A CHANGE IS GONNA COME – NEW JERSEY LEGISLATURE OVERWHELMINGLY PASSES ALIMONY REFORM BILL

    Robert A. Epstein
    1 Jul 2014 | 7:36 am
    After almost three years of legislative discussions, negotiations, arguments, and the like, alimony reform is coming to New Jersey in what is turning out to be light speed.  Late last week, the New Jersey State Assembly unanimously passed a compromised form of long-debated legislation that would represent what many consider to be a substantial overhaul of New Jersey alimony law as we know it.  Today, the Senate Judiciary Committee approved the bill, after which it was granted ”emergency” status, and followed by a full Senate vote.  The bill now rests on Governor…
  • STERN REVISITED – USING THE SHAREHOLDER AGREEMENT TO DETERMINE VALUE

    Eric S. Solotoff
    23 Jun 2014 | 3:29 pm
    Inevitably, when there is a business to value as part of a divorce, the valuation experts will ask for buy/sell and/or shareholders agreements.  I often wonder why because quite often, you really don’t see much discussion about these agreements in the valuation reports.  Moroever, since Brown v. Brown changed the landscape, did away with discounts and essentially ushered in more of a value to the holder construct, it seems like consideration of an agreement was dead.  Rather, a myopic view of methodologies focused on income seemed to be the norm – disregarding all else. In…
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    Lewis Kannegieter Law, Ltd.

  • Divorce and Retirement Assets

    JRLK
    14 Jul 2014 | 8:00 am
    In a divorce, marital property is divided between the spouses. Marital property includes all things that have been accumulated during the marriage, including real estate, vehicles, savings accounts, and retirement assets. Retirement assets can often be overlooked. In order to reach an equitable division of property, it is important to understand what assets are available, what the value of these assets are, and what makes the most sense in dividing these assets. There are many different types of retirement assets. Some, such as IRAs and 401(k)s are easy to determine the true value just by…
  • How To Get Through Probate Faster and With Less Hassles In Minnesota

    JRLK
    23 Jun 2014 | 8:00 am
    Minnesota attorneys are well aware of the hassles and headaches which families face when a loved one’s estate goes into probate. The process can drag out, eating up not just time but also resources that would have otherwise gone to beneficiaries. Appointed personal representatives find themselves with burdensome responsibilities which can compound their grief. In order to navigate the process as quickly and smoothly as possible, we recommend you keep the following in mind: Probate Tip #1: Work With An Experienced Attorney It may be tempting to navigate probate in Minnesota alone, but a good…
  • Will My Spouse Have to Pay My Lawyer’s Fees?

    JRLK
    9 Jun 2014 | 8:00 am
    A frequent question I hear is “Will my spouse have to pay my attorney’s fees?” My answer to this is “Don’t count on it.” In Minnesota, attorney’s fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and unreasonably contributing to the length or expense of the proceeding. As…
  • How a Minnesota Divorce Starts: The Process and the Approach

    JRLK
    19 May 2014 | 8:00 am
    A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party, provides notice of parent education requirements, encourages alternative dispute resolution, and provides temporary restraining provisions. Once the divorce has been started, neither party is to harass the other, change insurance coverage or beneficiaries, or dispose of marital assets. The petition lays out the facts of the…
  • Trusts in Your Estate Plan

    JRLK
    5 May 2014 | 8:00 am
    While many people consider a “simple will” an important part of taking care of their family after their death, they forget to consider including a versatile option: Trusts. Trusts come into being through a person’s will or a separate legal document establishing that trust. A person who creates a trust is called a “grantor” or “donor.” When a trust is created, the grantor chooses a trustee to manage the assets, or the “principal,” and then an income is paid out of that trust to those the grantor chooses to support, known as the “beneficiaries.” Almost anyone can be the…
 
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    Iowa Law Blog

  • Amanda James Joins Sullivan & Ward, P.C.

    Samantha Gronewald
    1 Jul 2014 | 9:04 am
    Amanda James has joined Sullivan & Ward, P.C. as an associate attorney.  Amanda graduated from Drake University Law School in 2008.  Since that time, she has focused her practice on public utility and regulatory work.  She will continue her work in these areas at Sullivan & Ward, P.C. 
  • John T. Ward and Richard R. Chabot Honored

    Samantha Gronewald
    30 Jun 2014 | 9:47 am
    Sullivan & Ward, P.C.'s President and CEO, John T. Ward, was recently honored by the Iowa State Bar Association as a member of the "50 Year" class of 2014.  John graduated from Drake University Law School in 1964 and has been with the firm ever since.  Recently retired, Richard ("Rick") R. Chabot, was also honored.  Rick graduated from the University of Minnesota School of Law in 1964 and joined Sullivan & Ward, P.C. in 1985.  Congratulations to John and Rick on this notable accomplishment!   
  • Nebraska Supreme Court Hears Arguments in Iowa Same-Sex Divorce Case

    Samantha Gronewald
    4 Jun 2014 | 8:53 am
    The Nebraska Supreme Court recently heard arguments in a same-sex divorce case involving two women legally married in Iowa.  Nebraska does not recognize same-sex marriages because of a constitutional amendment that was approved by voters in 2000.  So, the question before the Court, is whether or not the a Nebraska court can grant a divorce without acknowledging the marriage?  An attorney for one of the parties argues that the U.S. Constitution's "full faith and credit" clause requires Nebraska to recognize the marriage.  Given…
  • Return of the Inflexible Leave Policies

    Liz Overton
    3 Jun 2014 | 2:35 pm
    Inflexible leave policies—that is policies which provide a specified time off for personal reasons, including medical reasons—have been declared unlawful by the EEOC.  The EEOC’s position is that inflexible leave policies do not provide the individualized consideration necessary to determine whether leave longer than the specified time is a reasonable accommodation.  Accordingly, many companies have revised their leave policies. However, a 10th Circuit case shows that the rush to revision may have been premature.  The opening statement in Hwang v. Kansas State…
  • Finding an Attorney

    Sarah Robb
    13 May 2014 | 12:59 pm
    Many people come to a point in their life where they need professional legal advice and finding someone to talk to can be a very scary and confusing process.  The first step in looking for an attorney is locating someone who practices in the area you need representation. A good place to start is talking to family and friends to see if any of them have someone they can recommend.  Social media is also a good way to find recommendations if you are comfortable with sharing your need for legal advice. Another option is searching the internet using key words such as "Legal Services…
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    Divorce And Mediation Blog

  • Shasta Superior Court Family Judge Gibson Denies Existence of Constitution

    11 Jul 2014 | 10:19 am
    OK, so the headline is a slight exaggeration, but the effect is the same: Shasta's Judge Gary Gibson doesn't seem to think you have a Constitutional right to refuse to be a witness against yourself, and God protect the attorney who tells you about that right. [Or at least California's Commission on Judicial Performance, which rarely does anything as far as I can tell, might protect you] We all know about 5th Amendment rights: Basically, the part where you can't be compelled to provide testimony against yourself. Right there, just a couple of amendments below the gun rights part: Been…
  • Divorce and the Founding Fathers..... :)

    6 Jan 2014 | 9:44 am
    According to Garrison Keillor's Writer's Almanac, yesterday was the anniversary of the first legal divorce recorded in what was to become the United States of American. It happened January 5th, in 1643, as a result of the husband abandoning his wife and two children for another woman. Not sure that this signifies anything, other than that divorce is a long standing tradition.
  • Paul Daniel Marks elected to the Family Law Bar Board of Directors

    20 Nov 2013 | 8:02 pm
    On Tuesday night, I was elected by a vote of my peers to the Board of Directors of the San Diego Family Law Bar Association. This is a new organization formed last summer, and is the largest organization of family law lawyers in the county. For decades, the San Diego County Bar Association had a committee of its members who were certified family law specialists - close to 200 of us. I had served a full term on the Executive Committee of that group in the 1990's, and was later appointed to fill out the term of a lawyer who retired. In each case, I was filling a slot for a North County…
  • Divorce and Finances in a Rising Economy....

    18 Sep 2013 | 7:31 pm
    According to an article in the Los Angeles Times, the divorce rate has increased as the economy has improved. This is a situation known to every experienced family law lawyer. When people have few assets and money is tight, they may fight more but they don't feel comfortable terminating their marriages. With the drop in house equity and many houses being upside down, and one or both partners unemployed, at least one of the parties recognizes that there isn't enough money to enable them to maintain two households. So, they stay together until they feel more positive about their finances. In…
  • Domestic Violence Prevention, Death, and Law Enforcement

    25 Jul 2013 | 10:59 am
    New York City has stepped up Domestic Violence Enforcement, according to a recent article in the New York Times. The basic premise behind most Domestic Violence laws is to protect victims, obviously, but also to stop minor problems from becoming big problems because pushing and shoving turns to more serious conduct over time. While some parties and lawyers view Domestic Violence restraining orders as a tactic to gain an advantage at the beginning of a case, such orders may serve a cooling off period that prevents the parties from escalating to more serious behavior out of frustration. As a…
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    Pink Tape

  • Publishing information about family proceedings

    Lucy Reed
    19 Jul 2014 | 2:58 pm
    Many moons ago in June 2009 I wrote a post entitled Writing about family proceedings – a blogger’s guide. A lot has changed since then. Although, oddly, the law has not. What has changed are judicial attitudes to free speech. Some would say what has changed is the balance between free speech and privacy. So I thought I ought to take a look at that post and see how accurate it now is, in light of a wealth of judicial guidance. Actually, it’s not as bad as you might think. The references to the Family Proceedings Rules 1991 are now out of date, but the substance of those…
  • Unforced Error

    Lucy Reed
    18 Jul 2014 | 10:25 am
    I watched ITV’s Exposure – Don’t Take My Child on catch up last night. I have mixed feelings about it. It is a piece of TV that raises important and difficult issues, and contained some hard hitting and well argued discussion of some of the problems with the child protection system in England & Wales, from some eminent sources including Martha Cover, chair of the Association of Lawyers for Children, and Mark Hedley, recently retired High Court Judge. But ITV need ratings, so they spiced up the substance with predictable soundbites, horror stories and hyperbole. And…
  • Association of Lawyers for Children Event

    Lucy Reed
    10 Jul 2014 | 7:03 am
    Some fab looking events coming up at ALC in the near future… See Modern Families in Modern Britain (flyer) here and (leaflet) here. Keynote by the fab-o Theis J. NB event on 22 July – not long!!
  • Child Arrangements Orders

    Lucy Reed
    9 Jul 2014 | 2:54 pm
    So I had an unsolicited query the other day from someone, and I thought it was probably a question that others are asking. It raises a point of general application. “I wondered if you could clarify something for me. If what was originally applied for was a contact order and residence has never been the issue before the court is it correct/possible to have the line that says who the children live with to be left blank, or are all CAOs now going to effectively be residence orders by the back door?  I have read a post on The Custody Minefield blog which suggests it is not true that the…
  • Feel my pain AKA Spamalot

    Lucy Reed
    30 Jun 2014 | 7:30 am
    Today’s inbox delight: Hello, My name is Anthony **** and I run a Lifestyle store. Writing has always been a passion of mine, and in my free time I write Lifestyle related articles.  I am keen to feature an article on your site because it would greatly help me further my cause as a writer of some repute.  Listed below are few article suggestions that you might like: 1)Iconic Chair Designs 2)Flattering Frocks for that Special Prom 3)Choosing a Vintage Themed Wedding 4)Bucking Tradition- Contemporary Themes for a Wedding 5)What to consider when choosing a Wood Burning Stove 6)Tracing…
 
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    Maryland Divorce Legal Crier

  • Spurious Correlations

    James J. Gross
    8 Jul 2014 | 11:51 am
    I read today that heavy use of social media correlates well with the divorce rate.  I’m thinking is it social media that creates marital difficulty or is it people who are in unhappy marriages spend more time on social media?  Which is the cause and which is the effect? Statisticians say that correlation does not imply causation.  Tyler Vigen, a Harvard Law student, posts daily graphs at Spurious Correlations that show some interesting relationships between random data. For example the more lawyers there are in Virginia, the lower the number of divorces becomes. And the divorce rate in…
  • Facebook Predicts Which Relationships Will Last

    James J. Gross
    7 Jul 2014 | 11:31 am
    Facebook has developed an algorithm that predicts whether your relationship will last or not. Researchers looked at 1.3 million Facebook users to determine their “dispersion”. Dispersion is the extent of overlap in two people’s mutual friends. If you have high dispersion, you each have your own set of friends. Low dispersion means your friends are friends with one another. High dispersion relationships are likely to last, but low dispersion relationships tended to be over in about two months. The conclusion is that you are more likely to have a strong relationship if you each maintain…
  • Social Media Prenups

    James J. Gross
    25 Jun 2014 | 12:31 pm
    Prenuptial agreements, and postnuptial agreements, are used to determine financial aspects of a marriage or divorce.  But you can also add lifestyle clauses to deal with non-financial matters as well.  The Weinberger Law Group suggests a social media clause. A social media prenup clause would provide that neither party would put any negative, disparaging, embarrassing, insulting or unflattering content on Facebook, Twitter or other social media.  You might agree not to post photos of the children or anything about family finances.  Some couples agree they will not post anything about each…
  • Persuasion by Silence

    James J. Gross
    6 Jun 2014 | 11:12 am
    Silence can be useful in negotiations. Someone once said what I didn’t say in my letters was more important than what I did say.They were obviously reading my silent message in the blanks between the lines. Here is a good example of how to use silence from David Mamet’s play, Glenngary Glen Ross: LEVINE Now I handed them the pen.I held it in my hand. I turned the contract, eight units eighty-two grand. “Now I want you to sign.” (pause) I sat there.Five minutes.Then, I sat there, Ricky, twenty-two minutes by the kitchen clock. (pause) Twenty-two minutes by the kitchen…
  • Using Bitcoin to Hide Assets

    James J. Gross
    4 Jun 2014 | 8:53 am
    Bitcoin, a digital currency, can be used to hide assets in a divorce, warns Jane Croft in the Financial Times.  Dishonest spouses are failing to disclose Bitcoin investments.  Unlike bank accounts or stock, it is harder to link Bitcoin investments to a particular person. There are also online forum discussions on how to use Bitcoin to hide wealth. Divorce lawyers are starting to add questions about digital currencies to their discovery requests.
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    Fathers' Rights Not Just Every Other Weekend

  • Man Jailed for Child Support that Employer Failed to Pay

    James J. Gross
    10 Jul 2014 | 12:50 pm
    Clifford Hall, 43, of Houston was sentenced to six months in jail for failure to pay child support. After exhausting his appeal rights, he turned himself in and began serving his sentence last week. But then AT&T, his employer, provided an affidavit that it had withheld the incorrect amount from his paychecks. He was released from jail.
  • Custody of Children

    James J. Gross
    2 Apr 2014 | 8:21 am
    Guest post by David Williamson Mothers Obtain Child Custody More Often than Fathers In 82% of cases, mothers get custody of the children.  One reason for this may be, that On a purely statistical stand point, mothers are the primary up-bringer of the children (data:  2009). Even in cases where both parents work, statistics show mothers spend twice as much time engaged in primary childcare responsibilities than the fathers with mothers at 12.9 hours a week and fathers at 6.5 hours. Court Involvement in Child Custody In terms of how courts involve themselves in the custody process, a mere 4%…
  • How I Got My Son to Do His Homework with a Poem

    James J. Gross
    24 Feb 2014 | 9:57 am
    Today is my day to take my 10 year old son to school.I told him his mom left instructions for me to make sure he does his spelling. “Why?” he said.“The test is four days away.” “Theirs not to reason why.Theirs but to do and die,” sprung from my lips before I could think about it. “What?” he asked. “It’s from a poem by Alfred Lord Tennyson, Charge of the Light Brigade,” I answered.  I looked it up on the Internet and read it to him: Half a league, half a league, Half a league onward, All in the valley of Death Rode the six hundred. “Forward, the Light Brigade!
  • States Consider Shared Parenting Laws

    James J. Gross
    7 Feb 2014 | 12:32 pm
    Arkansas passed a law last year providing for “approximate and reasonable equal division of time” of children between parents in divorce proceedings. The Connecticut General Assembly has created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children. The Maryland General Assembly created a Commission on Child Custody Decision Making last year. Florida pass a shared parenting bill last year, but it was vetoed by Republican Gov. Rick Scott. Minnesota passed a bill in 2012 that…
  • Kansas Sperm Donor Sued for Child Support

    James J. Gross
    24 Jan 2014 | 12:22 pm
    William Marotta of Topeka, Kansas, answered an ad on Craigslist to be a sperm donor for a lesbian couple who wanted a child.He signed a contract saying he would have no parental rights nor responsibilities. Following the birth, the mother, the child’s mother, Jennifer Schreiner, applied for public assistance.The Kansas Department for Children and Families has paid her about $6,000 in public assistance.That agency filed suit against Marotta to recoup the money saying that he owes back and future child support. Besides the contract, there is a law in Kansas that exempts sperm donors from…
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    Blog entries

  • What Can I Do if Judge Doesn't Enforce the Divorce Decree?

    22 Jul 2014 | 4:14 am
    Question:My divorce has been final for more than 120 days. In the divorce decree, there are certain requirements including one that says my ex and I must split medical costs.My ex has not followed many of the decree's requirements. My lawyer and I wentRead More...
  • Teenagers and Custody When No Custody Arrangement Exists

    22 Jul 2014 | 1:27 am
    Question:My teenage son wants to move in with me and leave his mother's home. His mother and I were never married, and neither one of us has custody of him ordered by a court. I have been paying her child support throughout the years.I wRead More...
  • Book Excerpt & Giveaway: Always Mom, Forever Dad

    18 Jul 2014 | 5:21 am
    One of the most difficult aspects of divorce when you have children can be the process of explaining to them what is happening and reassuring them that they are still loved.Elementary school teacher and author Joanna Rowland recently published a children's book that touches upon this subject called, "Always MomRead More...
  • VIDEO: Cordell & Cordell News - July 18, 2014

    18 Jul 2014 | 12:15 am
    DadsDivorce, sponsor Cordell & Cordell law firm and sister site MensDivorce.com have teamed up to present a series of news round-up videos at the end of each week.In this week's news, Cordell & Cordell launched its new online video consultation option for those who need an alternative to meeting in person. DadsDivorce published an article with tips for dating after divorce.  MensDivorce discussed the importance of establishing paternity for unwed fathers.
  • Planning to (Eventually) Buy a New Home Before, During & After Divorce

    17 Jul 2014 | 4:10 am
    For some, the decision to divorce is gut-wrenchingly difficult; for others, it's easier than the paperwork involved. Even the most amicable separation is full of court documents and legal agreements, and if real estate is in the mix, then things get even more complicated. Moving out and finding your owRead More...
 
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    Marilyn Stowe Blog

  • Serious case reviews should be simplified, report claims

    Stowe Family Law Web Team
    22 Jul 2014 | 11:00 pm
    Serious case reviews (SCRs) should be shortened and simplified, a new report has declared. SCRs are held by local authorities whenever a child living in their area dies or comes to serious harm as a result of abuse or neglect, with a view to establishing better ways to vulnerable youngsters. A total 114 SCRs were held nationally in the year to March. But the report, commissioned by the Department for Education, claims they have become overly complex and inflexible. Researchers from the University of Kingston said SCRs in their current form are expensive promote an “ethos of blame,…
  • Mother allowed to take daughter to China

    Stowe Family Law Web Team
    22 Jul 2014 | 10:16 am
    The Family Court has given a mother permission to take her daughter on holiday to China. In JXN (A Child), the Chinese born mother has lived in the UK for 12 years. She became a British citizen in 2010. She sought permission to take her daughter, identified as ‘J’ in the judgment, to China in order to visit her family. J’s father opposed the application. Although the mother had taken the child to China several times before, this would be the first visit since her relationship with the father had broken down. Following the end of their relationship, the father was concerned that the…
  • Update: Russian couple finally divorce

    Marilyn Stowe
    22 Jul 2014 | 10:15 am
    Back in May, I wrote about the case of a Russian couple whose divorce was not considered ‘valid’ in the UK despite the fact that the wife has since remarried. Now though, they have finally managed to get a divorce. In Solovyev v Solovyev, the husband applied to the English Family Court for a divorce after the one the couple got through the Russian consulate was not recognised under English law. The President of the Family Division Sir James Munby ruled on the original case. He said that “[s]o far as concerns both England and Wales (and indeed … the entire United Kingdom) they remain…
  • Infidelity, adultery and your bank account

    Marilyn Stowe
    22 Jul 2014 | 10:13 am
    During my recent visit to the US, I took a little time out to talk to a reporter from Fox News. She was writing a piece on the financial aspects of the biggest of all relationship bombs – infidelity. Specifically, she was interested in the financial clues that an unfaithful partner might unwittingly leave behind. Unless they want to be caught (and there are certainly some who do), most philandering spouses take care to hide their tracks. They make the appropriate excuses, remove the incriminating evidence and try to ensure sufficient freedom from routine family demands for their illicit…
  • Child support variations by John Bolch

    John Bolch
    22 Jul 2014 | 8:45 am
    A recent Upper Tribunal decision on child support dealt with the issue of a non-resident parent diverting part of his income in order to reduce his liability for child support, which is one of the grounds for varying a child support maintenance calculation. After reading the report of the case I thought it might be useful to have a look at the rules on child support variations, at least as they are under the latest (2012) Child Maintenance Scheme. Just to explain for those who don’t know, child support is calculated by reference to a formula. The formula has changed numerous times since…
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • How do South Carolina Family Courts divide property and debts in divorce cases

    Tripp Atkins
    18 Jul 2014 | 5:00 am
    There are two main division methods in divorce law nationwide: community property and equitable apportionment states.  South Carolina is an equitable apportionment state. So, what does that mean? Equitable Apportionment means that South Carolina Family Courts have jurisdiction in a divorce case to divide up the marital assets and debts acquired during the marriage.  Our Code of Laws state that, during a marriage, spouses acquire a special equity and ownership right in the marital property and those rights are subject to apportionment between the spouses.  (See SC Code §20-3-610).  …
  • What should I expect at the initial consultation with my divorce lawyer?

    Tripp Atkins
    16 Jul 2014 | 6:33 am
    When you meet with a lawyer to discuss your divorce case you want to know something tangible.  You have hundreds of questions and worries floating around in your head.  How much with this cost?  What is the worst case scenario?  Will I lose my kids?  How long with this take?  And many more. The initial consultation is a time for you and the lawyer to get to know more about one another.  Your lawyer will likely ask you to complete a new client intake form.  This will ask information about you such as your address, date of birth and other personal information.  It will likely as for…
  • When should you seek modification of your child support?

    Tripp Atkins
    14 Apr 2014 | 5:00 am
    A while back, I made a rare visit to the county jail to meet with a client.  Several years ago, he and his former wife reached an agreement in their divorce about custody, visitation and child support.  Things were pretty good – as far as divorces go. Fast forward a few years…his dependable job and income went away with the recession along with his income.  He wasn’t able to keep his bills current and he quickly fell behind in his child support.  He kept in contact with his former wife and did other things to try to help when he couldn’t make a child support payment.  But he…
  • What do I do about custody, visitation, property, and other issues while the divorce is proceeding?

    Tripp Atkins
    8 Apr 2014 | 6:47 am
    Oftentimes, there are issues that must be addressed early on in a case.  Some of those issues include custody of minor children, child support, visitation, determining who gets to reside in the marital home and spousal support.  This relief comes through a Temporary Order.  Either party may file what is called a Motion for Temporary Relief.  Once filed, a hearing will be scheduled and the motion must be served on your spouse at least five business days prior to the hearing.  South Carolina Family Court Rule 21 states that the only evidence the Judge will consider at the temporary hearing…
  • Almost Daily Inspirational Post: Happiness

    Tripp Atkins
    11 Feb 2014 | 10:47 am
    As you go through a separation or divorce mindset plays a key role in determining how you view the process, the outcome, and how you come out on the other side.  I plan to begin a new series with inspirational quotes to help keep you in a great mindset as you make your way through this process.  Here’s today’s first installment: “The happiness of your life depends on the quality of your thoughts.” – Marcus Aurelius You can make the choice to harbor resentment, anger, hatred, and other negative feelings or you can choose to focus on how your are going to move…
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    Michael C. Craven | Divorce Lawyers Chicago

  • Health Care Power of Attorney Make-Over

    Michael C Craven
    10 Jul 2014 | 11:36 am
    Health Care Power of Attorney As a Chicago divorce attorney with a background in estate planning, I am aware of the benefits of estate planning before, during and after divorce.  A Health Care Power of Attorney (HCPOA) is an important part of an estate plan. Illinois’ General Assembly unanimously passed Senate Bill 3228 and it was sent to the Governor for his signature June 27.  The bill amends the HCPOA Act. Once signed by Governor Quinn, the new law will become effective January 1, 2015. A HCPOA is used by individuals to name another person, known as a health care agent, to make health…
  • Celebrity Style Separation: “Conscious Uncoupling”

    Michael C Craven
    2 Jul 2014 | 12:41 pm
    Conscious Uncoupling Gwenyth Paltrow and Chris Martin have been receiving an unusually large amount of attention surrounding their announcement to separate. This attention isn’t stemming from the public’s shock about the decision, but rather about how they have decided to separate – by ‘consciously uncoupling’. While reactions have ranged from confusion to criticism, as a Chicago divorce lawyer, the previously little-known concept is intriguing. What is conscious uncoupling? The term, officially coined by marriage therapist Katherine Woodward Thomas in 2009, refers to a mindset to…
  • Almost a ‘Do It Yourself’ Divorce

    Michael C Craven
    17 Jun 2014 | 12:30 am
    Step by Step As a divorce attorney, I understand that the cost of a divorce can often be expensive. However, if someone cannot afford the full services of a divorce lawyer, there is a cost-efficient, yet still effective, option – Limited Scope Representation. The state of Illinois expanded the rules regarding Limited Scope Representation just over one year ago. These new rules allow people with limited means to pay for a portion of the legal services needed for their cases rather than hiring an attorney for the entire duration of their cases. Limited Scope Representation, which is permitted…
  • Marriage Equality in Illinois

    Michael C Craven
    6 Jun 2014 | 1:14 pm
    Converting-Civil-Unions-to-Marriage-In-Illinois Marriage-Equality-Is-Here-In-Illinois Marriage equality has reached Illinois and Cook County. As of June 1, the over 23,000 same-sex couples living in Illinois can legally be married throughout their state. Exactly two years before this date, Illinois began to recognize civil unions. However, on November 20, 2013, Illinois governor Pat Quinn signed the Illinois Religious Freedom and Marriage Fairness Act bill into law to legalize same-sex marriage. Now, over six months later, the law has taken effect throughout Illinois. Although same-sex…
  • Careful, Someone May Be Listening

    Michael C Craven
    28 May 2014 | 9:31 am
    Recorded Words Can Be Used Against You in Court The phrase “Think before you speak” now holds more meaning in the divorce world than ever before. This year, the Illinois Supreme Court lifted restrictions for recording any part of a conversation or electronic communication without the consent of all parties involved. As a result, everyone, but especially spouses involved in the divorce process, need to think about how their words can be used against them. Everyone needs to be careful when they speak about any information that they do want to be shared or allowed in court. In divorce cases,…
 
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    Scaling the Summit: Divorce, Families, & Options

  • Middlesex Pilot Program: Fast-Lane Informal Estate Petitions

    22 Jul 2014 | 12:56 pm
    from WikipediaThe Middlesex Probate & Family Court already has a very successful and convenient "Fast Lane" program for so-called uncontested divorce petitions (Section 1A Joint Petitions for Divorce).  It saves time for both the courts and the parties to be able to walk an uncontested matter in to the courthouse and, if all of their paperwork is in order, be heard the same day.According to a press release dated July 9, 2014 (available here), the Court will now be expanding this type of procedure to include Informal Estate Administration Petitions:"Tara E. DeCristofaro, Register of…
  • New Divorce Calculator Apps for Massachusetts

    9 Jul 2014 | 6:00 am
    Kelsey & Trask, P.C. was the first to have an iPhone App for calculating Child Support in Massachusetts and we've recently updated it with a new look.  In addition we are now introducing two new iPhone applications:The Massachusetts Alimony App: Use this worksheet to calculate the maximum amount and duration of alimony in Massachusetts based on the Alimony Reform Act which took effect on March 1, 2012.  The App allows you to save your calculations or e-mail them.    Massachusetts Divorce Calculators App: Includes the following 4 calculators necessary to…
  • Alimony & Property Division: 7 Lessons from the Appeals Court

    25 Jun 2014 | 12:43 pm
    The Alimony Reform Act of 2011 took effect on March 1, 2012 and significantly changed the law in Massachusetts relating to awards of alimony. Today, the Massachusetts Appeals Court released an opinion that addresses some of the questions still surrounding the Act. Hassey v. Hassey, No. 13-P-864 (2014, available for download here). In Hassey, the Appeals Court addressed four primary issues in the lower court's decision:Base Alimony of $8,500 per month - VACATEDSelf-Modifying Alimony of 30% of Husband's gross income in excess of $250,000 - VACATEDTermination of Alimony…
  • Lifestyle During Separation Does Not Define Marital Lifestyle, According to Massachusetts Appeals Court

    12 Jun 2014 | 7:00 am
    Guest Post from Jonathan R. Eaton, Esq. of Finn & Eaton, P.C. and of counsel to Kelsey & Trask, P.C.  - Attorney Eaton focuses his practice on family law, serving clients in the areas of divorce law, child custody & visitation disputes, modifications of existing judgments in the Probate & Family Courts, drafting and negotiating prenuptial agreements, and guardianships & conservatorships.  Jonathan is also trained in Collaborative Law.Lifestyle During Separation Does Not Define Marital Lifestyle, According to Massachusetts Appeals CourtIn setting…
  • Divorce Mediation Infographic

    21 May 2014 | 5:34 am
    Source: TopCounselingSchools.orgKelsey & Trask, P.C. provides this graphic for informational purposes only. We do not endorse nor claim endorsement from the source site or organization. Kelsey & Trask, P.C. is not responsible for any information contained therein, unless indicated specifically on that site.
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    Lawdiva's Blog

  • A Snake in a Suit

    Georgialee Lang
    16 Jul 2014 | 9:24 pm
    New Jersey lawyer Paul Bergrin spent five years working for the “good guys” as a prosecutor in Newark, New Jersey. That is one of the reasons his slide into the ranks of the worst criminals is so astounding. Bergrin then took up a career as a criminal defence lawyer and was hailed as an aggressive and brash advocate who acted for gang members and drug dealers. His clients also included Oscar-nominated actress/singer Queen Latifah and rapper L’il Kim. Bergrin gained a reputation as someone who would do whatever it took to get a client acquitted. His reputation first took a hit when he…
  • DISBARRED- THE SERIES: ALAN EAGLESON

    Georgialee Lang
    14 Jul 2014 | 10:17 am
    Alan Eagleson graduated from the University of Toronto’s Law School and was a prominent Toronto lawyer and Member of Parliament in Ontario before he began his lengthy career as agent, promoter and hockey guru extraordinaire. His accomplishments in the world of hockey were pivotal to the growth and stature of professional hockey and its players. It was Eagleson’s impetus to form a union for players that birthed the National Hockey League Player’s Association in 1967. He became the NHLPA’s first executive director and held that position for 25 years. By 1979, Eagleson was providing…
  • What If Lawyers Had Written the Ten Commandments?

    Georgialee Lang
    11 Jul 2014 | 8:38 am
    Here’s a few clever quotes about the learned and noble profession of law: 1. Imagine the appeals, dissents and remands if lawyers had written the Ten Commandments. Harold Bender, Theologian 2. LAWYER: A professional advocate hired to bend the law for a paying client; for this reason considered the most suitable background for entry into politics. The Cynic’s Dictionary 3. In the Halls of Justice, the only justice is in the Halls. Lenny Bruce, Comedian 4. My daddy is a movie actor and sometimes he plays the good guy and sometimes he plays the lawyer. Actor Harrison Ford’s son 5. Lawyers…
  • Why I Support Canada’s Proposed New Law on Prostitution

    Georgialee Lang
    7 Jul 2014 | 5:09 pm
    On Tuesday I will make submissions to the House of Commons Justice Committee on Canada’s new prostitution laws, which passed second reading several weeks ago, and will surely become the law of the land, perhaps with some amendments. As many of you know, I was counsel for the Evangelical Fellowship of Canada in Attorney General v. Bedford and one of the few voices in the Supreme Court of Canada that urged that prostitution not be legalized. Of course, we all know that the law criminalizing activities related to prostitution was deemed unconstitutional by the Supreme Court of Canada last…
  • DISBARRED- The Series: Roy Cohn

    Georgialee Lang
    6 Jul 2014 | 1:33 pm
    Roy Cohn was a Jewish lawyer from the Bronx who gained fame and later notoriety as chief counsel to Senator Joseph McCarthy in his investigation into Communist activities in the 1950′s. Son of a judge and graduate of Columbia Law School at the age of twenty, Cohn had to wait until he was twenty-one to begin his legal career as a prosecutor in the Department of Justice offices in Manhattan. Cohn worked on the Alger Hiss trial, an American lawyer, accused of being a Soviet spy, and was on the team of prosecutors who obtained espionage convictions and the death penalty for Soviet spies Ethel…
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    Farzad Family Law

  • What are Questions to Ask a Divorce Lawyer at the Consultation and Before Hiring One?

    Robert Farzad
    28 Jun 2014 | 10:58 pm
    You got questions? But are they the right ones? Here, we go through what we believe to be the first five questions to ask a divorce lawyer at a consultation and before you hire one. Here are the top five questions to ask a divorce lawyer at a consultation and before you hire one, to determine if he or she is a good fit for you. We know this entire selection process can be stressful, which is why we wrote this article to help you get started. These questions are only intended for California divorce attorneys. If you have a matter out-of-state, please consult with an attorney in your state.
  • California Divorce Brown Formula. Understanding the “Time Rule”

    Robert Farzad
    20 May 2014 | 9:57 pm
    The California divorce Brown formula can be a source of confusion. In this article, we give you valuable insight into the time rule and how it applies. The California divorce Brown Formula, also known as the “time rule”, refers to the 1976 case of Marriage of Brown. The perception is that this case established a rule whereby community property such as retirement benefits can be apportioned based on the amount of time it was earned during the marriage versus pre-marriage and post-separation. Forgive us ahead of time if we get a little technical in this post. It’s sometimes…
  • Finding the Right Forensic Accountant in Orange County for Your Divorce Just Got Easier

    Robert Farzad
    19 Apr 2014 | 7:27 pm
    You want a forensic accountant in Orange County for your divorce or support case but not sure what to look for, right? This article helps you with exactly that. Searching for an Orange County forensic accountant is similar to searching for a divorce lawyer. Many times, you are not sure where to start and what to look for, right? You ask around, perhaps of family, friends or colleagues. You go to your own CPA, the one that does your taxes, and ask if he or she knows anybody. You searched the internet looking for a forensic accountant. You hope a qualified one will pop-up on the first page.
  • Beware of Over Aggressive Divorce Lawyers in Orange County Who Will Churn Your Case

    Robert Farzad
    29 Mar 2014 | 3:19 pm
    There is a difference between aggressive divorce lawyers in Orange County that will represent you properly and those who just want to run up your bill. Be careful and read this article. We tell you how to be. The word aggressive gets thrown around a lot by divorce lawyers, including in Orange County. There is nothing wrong with that as long as it is both right and within the context of intelligent and effective family law representation. I don’t know anybody who goes out and hires an aggressive divorce lawyer so that he or she can waste attorney fees in the process. “I want you to…
  • Is Your Divorce Dragging On? Learn How to Speed It Up

    Robert Farzad
    21 Mar 2014 | 9:05 pm
    How do I speed up my divorce? Has it been many months? Over a year? Years (plural)? There are plenty of good reasons why a divorce may take longer than you expected. Sometimes, it’s nobody’s fault and the case is just very complex. Sometimes however it’s more than that and the reason the case is going slow is your spouse, your spouse’s lawyer, your lawyer, you or a combination. Let’s take a look at these and talk about solutions. How to speed up your divorce Is your spouse or spouse’s lawyer the problem? How do I speed up my divorce? By first figuring out…
 
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    Law Office of Steven L. Fritsch

  • Filing in California for a Military Divorce

    Steve Fritsch
    1 Jul 2014 | 2:50 pm
    Serving in the military can be difficult on a marriage, especially when spouses are separated for extended periods of time. If a divorce is warranted, be aware that in California, military divorce procedures can differ greatly from normal civilian divorces, especially if the service member is deployed on active duty or stationed overseas. Specific federal laws, as well as California rules govern the divorce process and the separation of property. The grounds for filing for a divorce are the same for civilians and those in the military, though to file in California, one of the spouses must…
  • How are Custody and Visitation Rights Determined

    Steve Fritsch
    19 May 2014 | 1:00 pm
    California courts used to grant automatic custody rights to mothers. This is no longer the case, even if the child or children are very young. Custody and visitation rights are now secure for non-married parents, disabled parents, and parents of every lifestyle, religious perspective and sexual orientation. Given that the system tends to be inclusive of many different kinds of parents, you will likely need to agree to a custody plan with your former spouse. In all instances, the parents are either able to come to a custody agreement or the parents are unable to come to a custody agreement.
  • How California Courts Calculate Spousal Support

    Steve Fritsch
    14 May 2014 | 12:47 pm
    If you are planning a divorce in California, regardless of whether you are a likely recipient or provider of spousal support, you should be aware of the basics of how California courts calculate spousal support. There are two types of spousal support, in California: temporary and permanent. Temporary support is payment to the lower-earning spouse during the divorce proceedings. Once the proceedings are complete, any spousal support is considered permanent. The goal of permanent spousal support is to position the lower-earning spouse at or as close as possible to the marital standard of…
  • How does California law treat divorces after ten or more years of marriage?

    Steve Fritsch
    7 Apr 2014 | 3:37 am
    There are numerous implications of divorce, according to California law, if you’ve been married for ten or more years. Non-lawyers make many assumptions about those laws. Here is a brief discussion of the assumptions people make: Some of them are false and some of them are true. False Assumptions If you divorce after 10 years of marriage, spousal support must be paid indefinitely. True Assumptions The court retains jurisdiction. You may be eligible for social security benefits if you do not remarry. Let’s discuss what each one means for you. Spousal Support in Perpetuity, If the…
  • What is an Ex Parte Divorce?

    Steve Fritsch
    2 Apr 2014 | 2:33 pm
    If you or your spouse are thinking about filing for divorce and only one of you lives in California, the divorce is called an “ex parte” divorce. You or your spouse can file for an ex parte divorce if: The filing spouse is a resident of the filing jurisdiction. The other spouse should be a resident of a different jurisdiction and… You provide your spouse with notice that you will be initiating an ex parte divorce action. This must be done in a manner consistent with the law of the relevant state. Establishing Residency The first criterion, for initiating an ex parte divorce, is that you…
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    Arizona Family Law

  • Tips for Divorcés to Help Friends Getting a Divorce

    JacksonWhite Law
    22 Jul 2014 | 11:00 am
    Getting a divorce is emotionally exhausting and can become a complicated legal battle.  If you’ve had one, you know that no matter what happens in the end that you’ve learned whole lot from what you went through. This experience can definitely help a friend that is going through a similar situation.  The Huffington Post gave eight tips on how divorcés can help their friends getting a divorce. Advice If your friend does not want to hear advice, don’t give it.  It can come off as judgmental or critical if it is unsolicited. Wait until she asks for it and the advice given should focus…
  • Halle Berry Needs to Pay Child Support

    JacksonWhite Law
    17 Jul 2014 | 11:00 am
    Child support is a complicated area where it seems men are the ones that need to dig deep into his pockets to pay up. However, the Los Angeles Superior Court decided that it would be Halle Berry that would need to pay child support towards her ex-boyfriend, Gabriel Aubrey. Trouble Leading Up to Decision Reaching this decision has been quite a long road for Berry and Aubrey. They began dating in 2005 and had their daughter, Nahla, in 2008. In 2010, Berry and Aubrey broke off their relationship and she began dating her current husband, Oliver Martinez. They married in 2013. However, since the…
  • Even After Divorce-They’re Still Your Step Child

    JacksonWhite Law
    15 Jul 2014 | 8:52 am
    Divorcing a spouse does not divorce an individual from their stepchildren. According to the “relationship” piece of the dependency exemption, the stepchildren will remain stepchildren despite a divorce. One example of this was the case of Tony R. Duncan. Mr. Duncan was married in 2008 to Candice Le Arbogast. Candice entered the marriage with two children, referred to as B.E. and H.A. With the divorce on Duncan and Arbogast in 2011 he figured he would be “divorced” from his stepchildren as well. When filing taxes, the dependency exemption for B.E. and H.A. is when things get confusing…
  • Tragic Child Abuse Case: Mother Kills her 5 Year Old Son with Salt

    JacksonWhite Law
    10 Jul 2014 | 8:43 am
    Just after Garnett Spears was checked into Maria Fareri Children’s Hospital doctors were concerned at the child’s salt levels. The child had already been seen by 2 hospitals, and the child’s situation was raising speculation of child abuse. Lacey spears, the mother, was stopped in the hall by a doctor who explained to her it was not metabolically possible for her son’s body to produce the salt level reported by Nyack Hospital. Although internally, Maria Fareri Hospital was watching out for child abuse, the word did not leave the hospital. Usual protocol is to contact authorities and…
  • Steps to Keep Your Divorce Separate From the Workplace and Protect your Career

    JacksonWhite Law
    8 Jul 2014 | 9:00 am
    A divorce is a life changing event that can greatly affect both parties mentally, emotionally, physically, and financially. With all of the change, it is hard to keep it from greatly affecting everyday life and the workplace. One man, after receiving divorce papers from his wife, fell into drinking and one day exploded at work, leading him to be fired. This is seen more times than not, someone experiences the tragedy of a divorce and it affects them at work, wreaking havoc on the individual’s career. Vikki Ziegler, a divorce attorney and star of the Bravo series “Untying the Knot”…
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    Fairfax Family Law Blog

  • Woman sues for damages after head injury

    Surovell Isaacs Petersen & Levy PLC
    16 Jul 2014 | 2:39 pm
    Injuries, sickness or medical problems can create many problems for Virginia residents, especially when they are unexpected and not planned for. Some problems, such as a head or brain injury, can be even worse than others, however. In the case of many brain injuries, symptoms can be debilitating and the injury may require extensive treatment or necessitate long-term care. When a brain injury results from the actions of another person, it may be necessary to file a personal injury lawsuit in order to recover the compensation needed to cover medical expenses and other damages. An empolyee of…
  • Rear-end collision in Virginia kills 1 and injures 4

    Surovell Isaacs Petersen & Levy PLC
    9 Jul 2014 | 10:24 am
    A devastating auto accident can occur in the blink of an eye. There is almost no limit to the ways that a collision can be caused. While some of the accidents that result are relatively minor fender-benders, other car accidents can cause very serious injuries or even fatalities. Recently, two cars and several people were involved in a collision that resulted in one fatality and injuries to several others. The accident occurred in Virginia near the city line between Norfolk and Virginia Beach just after 9:00pm one day. The man who was killed in the accident had stopped his vehicle in the road…
  • Virginia man trapped between two vehicles in accident dies

    Surovell Isaacs Petersen & Levy PLC
    1 Jul 2014 | 10:11 am
    Sometimes it is not always crystal-clear what led to a motor vehicle accident. Accidents involving more than two vehicles can become especially complicated. Fortunately, there are professionals available to help sort out the details and determine fault. A recent multi-vehicle accident in Virginia seriously injured one man and killed another who was trapped between two vehicles. According to police, one vehicle was heading southbound when it stopped in a lane of traffic. The driver exited his vehicle to put an object into the vehicle's trunk. A second vehicle in the same lane then crashed into…
  • Woman sues outlet store after slip and fall accident

    Surovell Isaacs Petersen & Levy PLC
    27 Jun 2014 | 7:27 am
    Even though Virginia consumers probably believe that shopping is a relatively safe experience, the reality is that there are many risks in public stores and facilities. Property owners do not always take adequate care to keep the premises in good repair or warn customers of temporary risks, like wet floors. As a result of this oversight, customers sometimes suffer injuries that are the fault of the property owner. One of the most common types of these occurrence is a slip and fall accident. A woman who fell while shopping in an outlet store has sued the store for damages to compensate her for…
  • Bike-share programs may increase risk of head injuries

    Surovell Isaacs Petersen & Levy PLC
    19 Jun 2014 | 1:40 pm
    Despite the resiliency and strength of the human body, it is also highly vulnerable and susceptible to harm in some respects. Brain injuries continue to be a focus of growing concern in Virginia, especially in the areas of youth sports and other activities prone to head injuries. As medical data improves and research builds, the public is becoming more and more aware of the lasting effects and potential damage caused by a traumatic brain injury. A recent study conducted by Canadian and American researched investigated the correlation between the occurrence of brain injuries and the presence…
 
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    911 Biker Law - Tampa and Orlando Motorcycle Accident Attorneys

  • Tips for Making an Injury Claim After an Accident

    Biker Law
    21 Jul 2014 | 1:12 am
    An evening ride can turn horribly wrong in a matter of seconds. A biker swerves onto the shoulder to avoid getting sideswiped by an SUV and gets ejected off her bike and onto incoming traffic.Her biker buddies drop their bikes to avoid hitting her. They all suffer road rash, broken bones and other serious injuries. It’s a story ripped straight from the headlines and is told more often than we realize. The number of people killed in motorcycle crashes in Florida and nationwide is steadily increasing, according to the Governor’s Highway Safety Association. Florida, Texas and California have…
  • Tips on Buying your First Motorcycle

    Biker Law
    7 Jul 2014 | 12:54 am
    If you’re interested in purchasing an alternative mode of transportation, a motorcycle can be a great option. Motorcycles are fuel-efficient, have low insurance costs, and most drivers find them more exciting than driving a car. Before you make the purchase, here are a few tips to consider when buying your first motorcycle. Image Courtesy of the US Navy Assess Your Needs One of the first things you should do when considering a motorcycle purchase is assess your needs. Will you be driving long distances? Will there be lots of traffic? How often will you be taking the highway? These questions…
  • Moped Laws in Florida

    Biker Law
    16 Jun 2014 | 1:03 am
    With increases in gas prices and warm summer months ahead, more people are turning to mopeds as an economical way to get from one destination to the next. Mopeds are slow-moving motorized bicycles with speeds of no more than 30 mph on level ground. In Florida, a moped is defined as having: A seat for the rider 3 wheels or less A motor of two-brake horsepower or less Pedals that allow the rider to propel the vehicle An automatic power drive system that doesn’t require the rider to manually change gears Displacement of 50 cc or less Image Courtesy of Steven Worster on Flickr Operating a moped…
  • Tips for Getting Ready for Summer Motorcycling

    Biker Law
    9 Jun 2014 | 1:21 am
    For motorcycle owners, summertime means an opportunity for long days filled with riding. Whether you’re taking a cross-country road trip or simply exploring what’s in your own backyard, there are a few things that every rider should do to prepare for the season. Image Courtesy of Craig Howell If your bike has been in storage over winter, it’s important to have a thorough maintenance check of your bike. Before servicing your bike, refer to the owner’s and service manuals for inspection lists that will help tailor your maintenance to your bike’s specific model. You can either take…
  • Preventing Motorcycle Theft

    Biker Law
    27 May 2014 | 12:50 am
    May is Motorcycle Safety Awareness Month and Florida is a popular destination for motorcycle enthusiasts who want to soak up some sun and check out the scenic coastal highways. Highway officials are asking motorists to take extra caution around motorcyclists and “share the road.” Warmer months mean more motorcyclists on the road, which increases exposure to thieves. According to the National Insurance Crime Image Courtesy of Driver Photographer on Flickr Bureau, motorcycle thefts occur more frequently in the summer with June, July and August having the most thefts while December, January…
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    Family Law Express Brief

  • Independent Children’s Lawyers (ICL) & Australian Family Law

    Karan Dayal
    16 Jul 2014 | 6:23 am
    An independent children’s lawyer (ICL) is a lawyer who advocates for the best interests and welfare of a child in relevant proceedings under the Family Law Act 1975 (Cth). The Family Court will order that a child be represented by an ICL if the child’s best interests or welfare is of significant importance to the proceedings and it appears to the Family Court that the child’s interests ought to be independently represented by a lawyer1. In the case of Re KNicholson CJ, Fogarty and Baker JJ set out an extensive list of some circumstances which might call for the appointment of an ICL.
  • Family Law Jurisdictions in Australia and the Roles They Play

    Julie cheung
    14 Jul 2014 | 1:41 pm
    Different courts have the power to handle different subject matters. Whether your disputed matter can be heard by a particular Court depends on their jurisdiction. This article explains the various family law jurisdictions exercised by the Courts in Australia. Jurisdiction is the power conferred by statutes for the Courts to address certain subject matters under those Acts. There are different types of jurisdictions that allow the courts to hear different types of subject matters. The two main types of jurisdiction of a court are the original jurisdiction and the appellate jurisdiction. The…
  • Divorce and Property Dispute: Preparing for Litigation

    Dinesh Munasinha
    7 Jul 2014 | 7:18 am
    In the previous two articles under this series we discussed how the Courts divide the property in cases of divorce and separation. 1 and secondly, the tax implication and tax planning tools in such a separation 2 In this final article I wish to discuss the method by which the parties can protect their properties using the knowledge of the first two articles.  This article especially will help those who are preparing themselves for the daunting task of litigating. You may recall that in the first article we discussed how the Family Law Courts look at a four step process by which they reach…
  • Audio Recordings as Evidence in Family Court Proceedings

    Jessica Goddard
    2 Jul 2014 | 5:44 am
    In admitting any evidence in Court parties must remain mindful that through doing so they are seeking to persuade the Court of a particular fact. More specifically, there are three key issues that parties should consider before producing evidence. Firstly, parties should consider how to present to the Court evidence of the fact that they are claiming. Secondly and very importantly, parties need to consider whether the evidence is admissible, that is permitted, as evidence in the relevant proceeding. And thirdly, parties should consider the weight and importance of the evidence and its…
  • Overnight Care for Under 2 Year Olds: Unravelling the Controversy

    Manisharaj Kaur Pannu
    1 Jul 2014 | 7:20 am
    It is well documented in literature that the period from birth to about 2 years is a critical development phase for a child. It is in this period that a child’s attachments are established with their carers.1 Failure to maintain and promote healthy and secure attachments in children can have adverse long-term effects on their development.2 Risk of such failure is arguably heightened in cases where parents of the child have separated. This article attempts to address the long-standing and emotional debate surrounding parenting plans after separation – in particular, the appropriateness of…
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