Family Law

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  • December 2014 – Helpful Family Law Insights

    The Stevens Firm, P.A.
    Ben Stevens
    18 Dec 2014 | 3:00 pm
    Our December 2014 newsletter, Helpful Family Law Insights, was published today. Read this edition by clicking the image below. Sign up to receive future editions by clicking here. The post December 2014 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • Kane County Divorce Attorney Authors Maintenance (Alimony) Chapter in Illinois ... - Virtual-Strategy Magazine (press release)

    family law news - Google News
    19 Dec 2014 | 4:11 pm
    Kane County Divorce Attorney Authors Maintenance (Alimony) Chapter in Illinois Virtual-Strategy Magazine (press release)Partner Matthew G. Shaw, of the Kane County law firm Shaw, Jacobs, Goostree & Associates, P.C., was published in "Strategies for Family Law in Illinois," outlining the alimony/maintenance review, including the new alimony laws coming into effect 1/1/15.and more »
  • Billion $ Divorce

    Family Law Prof Blog
    Family Law
    1 Dec 2014 | 12:45 pm
    From Sean Williams (University of Texas), guest blogging for Concurring Opinions: A few weeks ago, an Oklahoma judge was tasked with dividing Harold and Sue Ann Hamm’s $2Billion marital estate. And the judge’s only guidance was to divide it in...
  • I Needed a Lawyer. Getting One Is Way Harder Than You’d Imagine.

    Divorce Discourse
    Lee Rosen
    18 Dec 2014 | 4:30 am
    As I move toward becoming a digital nomad, I need a lawyer. I’ve got some tax issues to resolve. I know enough to know when I’m in the zone of the unknown unknowns. (I watched the Donald Rumsfeld press conference.) I’ll find a good lawyer to help, right? Here we go: Lawyer 1 I call the lawyer and explain my issue. He’s an experienced lawyer with a big firm. He does estate planning and tax work. I’ve used him before. We arrange a call. He explains that he doesn’t do what I need. He thinks I need someone else. He thanks me for thinking of him. Does he refer me to one of the other…
  • PPO Restricting Respondent to Supervised Parenting Time Held Proper

    Jeanne M. Hannah
    12 Dec 2014 | 6:48 am
    In Song v Moore, an Oakland County case, the COA held that the trial court properly denied Respondent's Motion to Terminate or Modify a Personal Protection Order that limited him to supervised parenting time only with his adolescent son.
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    The Stevens Firm, P.A.

  • December 2014 – Helpful Family Law Insights

    Ben Stevens
    18 Dec 2014 | 3:00 pm
    Our December 2014 newsletter, Helpful Family Law Insights, was published today. Read this edition by clicking the image below. Sign up to receive future editions by clicking here. The post December 2014 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • Costs of Representing Yourself in a Divorce

    Ben Stevens
    18 Dec 2014 | 5:30 am
    Representing yourself in a South Carolina divorce might sound like a good idea at first. After all, you get to cut out the “expense” of having a lawyer and might even believe that you can speed the process along. Sounds good, right? The problem is that things rarely work out as well as you might have initially hoped, and the protecting yourself and your interests in a divorce is much more complicated than most people think. To find out more about the costs of representing yourself in a divorce, keep reading. Leaving money on the table Though paying for a South Carolina family law…
  • Alimony for Stay at Home Moms Is on the Decline

    Ben Stevens
    17 Dec 2014 | 5:30 am
    A recent article in Forbes discussed the trend showing alimony for stay at home moms is on the decline – along with others going through a divorce. Though alimony was once seen as common, it has become increasingly rare in recent years, to the point that even those with seeming justification often find themselves shut out when it comes to spousal support. Alimony, also known as spousal maintenance, used to be frequently awarded in several kinds of cases. Divorces where one party substantially out-earned the other or those where one party stayed at home to raise the children were usually…
  • How to Counteract Parental Alienation

    Ben Stevens
    16 Dec 2014 | 5:30 am
    If you are a victim of parental alienation, there are steps that you can take to protect your child, yourself, and your rights. One of the first things you should do is to consult an experienced child custody attorney to discuss your situation. Experts suggest the following ways to counteract parental alienation: Try to control your anger. Stay calm and in control of your own behavior Keep a log of events as they happen, describing in detail what happened and when Always attempt to pick up your child as scheduled, even when you know the child won’t be show up During time spent with…
  • What Are The Most Common Causes of Divorce?

    Ben Stevens
    15 Dec 2014 | 5:30 am
    A survey of hundreds of divorced couples was recently published in the Journal of Family Issues. The study began back in 2003 and involved a pair of researchers from Pennsylvania State University asking the individuals a series of questions to try to determine the cause of their divorce. Though pinning down a single factor for such a complicated event can be difficult, the survey zeroed in on certain themes. So what do you think were the most common causes of divorce? Top Causes of Divorce Though the survey broke down the results into nearly 20 different categories of problems, two of them…
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    family law news - Google News

  • Kane County Divorce Attorney Authors Maintenance (Alimony) Chapter in Illinois ... - Virtual-Strategy Magazine (press release)

    19 Dec 2014 | 4:11 pm
    Kane County Divorce Attorney Authors Maintenance (Alimony) Chapter in Illinois Virtual-Strategy Magazine (press release)Partner Matthew G. Shaw, of the Kane County law firm Shaw, Jacobs, Goostree & Associates, P.C., was published in "Strategies for Family Law in Illinois," outlining the alimony/maintenance review, including the new alimony laws coming into effect 1/1/15.and more »
  • Both parties unrepresented in 28% of all private family law cases - Family Law Week

    19 Dec 2014 | 10:14 am
    Both parties unrepresented in 28% of all private family law casesFamily Law WeekThe number of cases that started in family courts in England and Wales in July to September 2014 dropped 7% to 61,700 compared to the equivalent quarter of 2013. In particular, there were almost a quarter fewer private law cases starting (10.669), ...
  • Y (A Child) [2014] EWCA Civ 1553 - Family Law Week

    19 Dec 2014 | 7:53 am
    Y (A Child) [2014] EWCA Civ 1553Family Law WeekIn the recent decision of this court in Re M (A child) [2014] EWCA Civ 1479, the obligations on the family court in public law children cases following Re B (A child) [2013] UKSC 33 and Re B S (Children) (above) have been set out in full. I do not
  • Children in care and adoption performance tables published - Family Law Week

    19 Dec 2014 | 4:14 am
    Children in care and adoption performance tables publishedFamily Law WeekThe Department for Education has published detailed performance tables for every local authority in England on 16 key indicators relating to children in care and adoption. The tables show performance as at 31 March 2014. The key indicators include: how ...and more »
  • Latest adoption scorecards published - Family Law Week

    19 Dec 2014 | 3:59 am
    Latest adoption scorecards publishedFamily Law Week... scorecards show, for example, for all the children within each English local authority who have been adopted during the year ending 31 March, the average length of time (in days) between a child entering care and moving in with his or her adoptive
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    Family Law Prof Blog

  • Billion $ Divorce

    Family Law
    1 Dec 2014 | 12:45 pm
    From Sean Williams (University of Texas), guest blogging for Concurring Opinions: A few weeks ago, an Oklahoma judge was tasked with dividing Harold and Sue Ann Hamm’s $2Billion marital estate. And the judge’s only guidance was to divide it in...
  • Happy Thanksgiving!

    Family Law
    27 Nov 2014 | 4:01 am
  • Public Service Announcement in China

    Family Law
    22 Nov 2014 | 3:38 am
    A shampoo ad doubles as a public service announcement against divorce in China--see it here. MR
  • Billion Dollar Divorce

    Family Law
    21 Nov 2014 | 5:49 am
    From CBS News: It's the kind of money that most Americans can't comprehend, but for one ex-wife it's an injustice. Sue Ann Hamm, the ex-wife of Oklahoma oil tycoon Harold Hamm, plans to appeal a divorce settlement that awarded her...
  • Divorce in Iran

    Family Law
    20 Nov 2014 | 3:31 am
    From Reuters: Weddings in Iran have long been an over-the-top affair with families spending thousands of dollars to celebrate a union. But now some couples are splurging on an entirely different sort of nuptial celebration: a divorce party. Local media...
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    Divorce Discourse

  • I Needed a Lawyer. Getting One Is Way Harder Than You’d Imagine.

    Lee Rosen
    18 Dec 2014 | 4:30 am
    As I move toward becoming a digital nomad, I need a lawyer. I’ve got some tax issues to resolve. I know enough to know when I’m in the zone of the unknown unknowns. (I watched the Donald Rumsfeld press conference.) I’ll find a good lawyer to help, right? Here we go: Lawyer 1 I call the lawyer and explain my issue. He’s an experienced lawyer with a big firm. He does estate planning and tax work. I’ve used him before. We arrange a call. He explains that he doesn’t do what I need. He thinks I need someone else. He thanks me for thinking of him. Does he refer me to one of the other…
  • Avoiding the Sinking Feeling You Get When an Employee Quits

    Lee Rosen
    17 Dec 2014 | 4:30 am
    You show up at the office tomorrow morning. The door is locked. The lights are off. Things are quiet. Too quiet. They’re gone. They’re all gone. No one is here. “Is it Sunday?” you ask yourself. No, it’s Tuesday. I’m not sure how many people you’ve got working for you. It could be one. It could be 56. They’re gone. What’s left? You. You’re all that’s left. You look at your phone. There’s an e-mail from the office manager. She explains that they’ve resigned. Why did they leave? Where did they go? Why did they do this to you? It doesn’t matter. Maybe they went as a…
  • Your Barebones 2015 Marketing Plan

    Lee Rosen
    16 Dec 2014 | 4:30 am
    If you’re doing a big, elaborate marketing plan for 2015, then you don’t need my help today. Today, I’m focusing on the lawyer who doesn’t have a plan and likely won’t sit down and work anything out before the year gets started. Of course, once the year gets started, that same lawyer will be engrossed in the work and won’t have time to work out a plan. If you’re that overworked, overwhelmed lawyer, then today is your day. This is your simple, easy, effective marketing plan for 2015. I’ve deliberately made the plan incredibly simple, but that makes it no less important or…
  • Is Your Office Included in the Registry of Historic Places?

    Lee Rosen
    15 Dec 2014 | 4:30 am
    I visited a “historic” law office recently. It was filled with artifacts. Here’s what I saw: File cabinets. Big ones—legal sized. There was a room with file cabinets lining the wall. There had to be eight or nine of them in the room. It felt cramped in there like I was sharing the room with a sumo wrestler. The file cabinets looked like they must weigh 1,000 pounds each. It was impressive in the same way that seeing Mt. Rushmore is impressive. Files. Yep, those file cabinets were filled with them, but there were more of them scattered all over the place. I saw them sitting on…
  • Which Accounting Package Should I Use?

    Lee Rosen
    11 Dec 2014 | 4:30 am
    There are a multitude of options for handling your accounting, time, and billing. Which one is best? The accounting software matters. However, it’s not the most important thing. The people are more important. Who’s going to handle the books? Who’s going to do the day-to-day management of inbound invoices, payables, and receivables? Who’s going to deal with monthly reports? Who’s going to do the tax returns? The accounting software is a trivial expense. The people are a huge expense. The accounting software can be a small pain in your ass. The people doing the accounting can be…
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  • PPO Restricting Respondent to Supervised Parenting Time Held Proper

    Jeanne M. Hannah
    12 Dec 2014 | 6:48 am
    In Song v Moore, an Oakland County case, the COA held that the trial court properly denied Respondent's Motion to Terminate or Modify a Personal Protection Order that limited him to supervised parenting time only with his adolescent son.
  • Protection for Individuals with Profound Disabilities

    Jeanne M. Hannah
    11 Dec 2014 | 6:21 am
    There are no uniform data at the national level that provide us with a global picture of the prevalence and incidence of abuse and maltreatment of people who are severely disabled. We know these numbers are high. We also know that perpetrators are often the people closest to the disabled person such as guardians, caregivers, neighbors or acquaintances, family members, healthcare providers or other residents.
  • Jurisdiction to make Initial Child Custody Determination

    Jeanne M. Hannah
    10 Dec 2014 | 6:12 am
    Haffaker v Huffaker is a child custody dispute involving grandparents with a guardianship in Wayne County and parents who divorced in Utah . . . child born in Utah . . . presented the Court of Appeals (COA) with a unique opportunity to explain how to determine which state has subject matter jurisdiction to make the initial child custody determination.
  • Modification of Custody Order, Non-Hague Country: Let Sleeping Dogs Lie?

    Jeanne M. Hannah
    2 Dec 2014 | 5:01 am
    When should a parent seek modification of a custody order from a foreign country? What various concerns are raised? How does the UCCJEA help or hurt?
  • Delegation of Parental Authority | Getting your Ducks in a Row

    Jeanne M. Hannah
    26 Nov 2014 | 6:26 am
    Imagine a client who is a single parent. That parent could be a business person with significant travel duties, it could be a military service member who may be away for long periods, back again for a short leave, then...
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    Divorce Law Journal

  • Published Family Law Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    12 Dec 2014 | 11:32 am
    Farrar v. Farrar The parties’ Settlement Agreement included a provision for the sale of the marital residence. When husband rejected an offer for the purchase of such residence and asserted he intended to buy the home, the trial court ordered wife to sign a quitclaim deed over to husband. For her equity in the home the Trial Court awarded wife the value of half of the offer for purchase of the home less hypothetical closing costs. Wife appealed the Trial Court’s calculation of equity in the home, as well as other matters. Wife first challenged the Trial Court’s jurisdiction to amend the…
  • Ky Published Family Law Opinion from Court of Appeals Today

    Diana L. Skaggs
    14 Nov 2014 | 11:11 am
    Lambe v. Weber The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working. The Appellate Court did find error with the Family Court’s conflation of child support and maintenance. The Appellate Court held maintenance is for the reasonable needs of a spouse. Expenses for children do not come within a spouse’s reasonable needs, as the children’s expenses are already included in the court’s child support calculation. Including…
  • Published UCCJEA Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    24 Oct 2014 | 9:07 am
    Danaher v. Hopkins Trial court's denial of petition to register a foreign custody judgment was affirmed. A court must enforce a foreign judgment only when the issuing state had jurisdiciton under the UCCJEA. Because North Carolina did not have initial jurisdiciton it does not have exclusive continuing jurisdiction.  Trial court's finding that Kentucky is the home state of the child was affirmed. Reversal of a factual finding requires it to be clearly erroneous and not supported by substanial evidence which is not the case in this matter. Father also appealed from a second order requiring a…
  • Published Opinion from Ky Court of Appeals Today: Order requiring mother to have a passport issued for child affirmed

    Diana L. Skaggs
    24 Oct 2014 | 8:42 am
    Benton v. Sottingeanu An order requiring a parent to obtain a passpot for a child does not require specific findings of fact where no modification of parenting time is made. The court must consider the child's best interests. Federal law permits a court to order a passport where a joint custodian refuses consent. Court's order requiring mother to insure issuance of passport was affirmed. The court of appeals noted numerous safeguards were imposed by the trial court  to monitor international travel, including that mother would retain the passport, a hearing regarding travel would be held once…
  • Fourth Published Family Law Opinion from Ky Court of Appeals Today

    Diana L. Skaggs
    17 Oct 2014 | 9:39 am
    Waddle v. Waddle Award of grandparent visitation reversed because court failed to apply the modified best interest standard to consider the objection of mother who is presumed fit. Court must presume a fit parent is making decisions in the best interest of the child. Case was remanded for a new evidentiary hearing at which grandparents must provide clear and convincing evidence that visitation is in the child’s best interest and trial court must use Walker factors and provide written findings of fact.
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    International Family Law

  • Hungary and the Hague Abduction Convention

    19 Dec 2014 | 6:23 am
    Jeremy D. I reported in 2011 that “Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or retained in Hungary.”            The European Court of Human Rights has now…

    18 Dec 2014 | 6:52 am
    Jeremy D. MorleyPrenuptial agreements are authorized by Scottish law. Section 9 (1) of the Family Law (Scotland) Act 1985 provides the principles that a court in Scotland must apply when deciding what order for financial provision, if any, to make upon a divorce. Such principles include the principle that “(a) the net value of the matrimonial property should be shared fairly between the parties to the marriage.” Section 10 (1) provides that, “ In applying the principle set out in section 9(1)(a) of this Act, the net value of the matrimonial property shall be taken to be shared fairly…
  • English Suspicion of Prenuptial Agreements

    15 Dec 2014 | 8:14 am
    Jeremy D. MorleyThe legal status of prenuptial agreements in England remains far from clear.In the leading case, Radmacher v. Granatino, the U.K. Supreme Court in 2010 upheld the terms of a German marriage contract but it very carefully scrutinized the terms and the consequences of the agreement to determine whether or not they comported with the principle of “fairness.”   Baroness Hale, the deputy president of the Supreme Court and the senior judge on family law cases in England who has almost single-handedly changed the English law on the division of divorcing spouses’…
  • How to Win a Hague Convention Child Abduction Case

    12 Dec 2014 | 5:57 am
    by Jeremy D. MorleyAuthor of The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyerspublished by the American Bar Association. Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally. In a nutshell, a Hague Convention application may be made when a child is taken or retained across an international border, away from his or her habitual residence, without the consent of a parent who has…
  • Preventing Child Visits to India

    9 Dec 2014 | 6:17 am
    Jeremy D. MorleyHaving represented numerous clients in international child custody matters concerning India, this author has been accepted on several occasions as an expert on international family law matters concerning India. The author is aware of seven cases in which courts in the United States, Canada and England have refused to allow visits to India because India has no system for returning internationally abducted children.In the first five of these cases this author testified as an expert witness that India was a safe haven for international child abduction and the courts in question…
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    Divorce and Family Law in Tarrant County, Texas

  • Having Happy Holidays!

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

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

    1 Aug 2014 | 5:48 pm
    For various reasons, more and more people are choosing to handle divorces and other family law issues without using an attorney.  Sometimes it's just to save money.  With so much information available on line, many people decide they can produce their own legal documents.Sometimes, it works out fine.  That's especially true when the parties have a short marriage or have virtually no assets.However, when there are children involved, or when there are assets such as retirement accounts, real estate, bank accounts, investments or separate property, you need a lawyer.  If you…
  • Should You Keep your Plans a Secret?

    1 Jul 2014 | 7:41 pm
    If you are considering filing for divorce, one decision you have to make is how and when to break the news to your spouse.  Sometimes your partner wants a divorce also. Sometimes he or she may know it's coming, based on prior discussions or actions. And sometimes your spouse is clueless (about this topic).So, should you keep your plans secret until you are ready to spring into action, or should you wait until it is to your advantage to spring it?  That can actually be a difficult decision and it certainly depends on the facts and circumstances of your case.Here are some…
  • Tuesday Tips: Deadlines

    22 Apr 2014 | 9:24 am
    Who likes deadlines?  Raise your hands. Sometimes they motivate us and sometimes they are a pain.Like them or not, we are often stuck with them in life.  If you get into the legal system,  you will run into many deadlines and you really do have to pay attention to them.  There are serious consequences, if you miss deadlines.  Here are a few to watch for:Answer date.  If you are served with papers, they often require an answer.  If you don't respond in time, you may lose.Discovery deadline.  There may be deadlines for sending discovery requests out and…
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    Family Lore

  • It's beginning to feel a lot like Christmas, unfortunately

    19 Dec 2014 | 12:00 am
    Want to escape the horrors of Christmas, including all that shopping, all those awful parties and animated snow on websites? Then why not head over to Marilyn Stowe’s Family Law & Divorce Blog and read my posts there this week, which include:Child Maintenance Options: success or failure? - Looking at the recent statistical report from the DWP.Denying a father contact - As in Re P-K (Children).Child relocation: the hardest decision - As described by Mr Justice Mostyn in NJ v OV.Cohabitation rights: a question of fairness - Discussing Baroness Deech's thoughts on the Cohabitation Rights…
  • SS v NS: The principles on an application for spousal maintenance

    17 Dec 2014 | 3:12 am
    Mr Justice MostynSS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam) concerned a wife's claim for ancillary relief although, as the citation suggests, the main issue was spousal maintenance. This short post simply sets out the principles applicable to an application for spousal maintenance, as elucidated by Mr Justice Mostyn, rather than dealing with the facts of the case or the order made.The judgment of Mr Justice Mostyn is interesting in that no fewer than 22 of its 69 paragraphs are taken up by a discussion of the law in relation to spousal maintenance. He brings the threads together in…
  • Cohabitation law reform is at least a decade overdue says leading family charity

    16 Dec 2014 | 1:59 am
    Jane RobeyThe largest provider of family meditation in England and Wales has welcomed the passing of the Cohabitation Rights Bill’s Second Reading in the House of Lords.National Family Mediation’s expert professionals help separating couples agree settlements on property, finance and parenting issues without the need for a courtroom drama. They achieve full agreement in over 80 per cent of cases.The organisation’s Chief Executive, Jane Robey, says “Government recognition of cohabitation as being equal to marriage is at least a decade overdue, so the Cohabitation Rights Bill is a…
  • Blogging Bomb

    12 Dec 2014 | 12:58 am
    If a bit of wind and rain can be called a 'weather bomb' then I shall call my efforts this week on Marilyn Stowe’s Family Law & Divorce Blog a 'blogging bomb'. They include:Preventing child abduction - With reference to the case C v K.Sir James talks to FNF - A look at the President's speech to the fathers' rights group.The importance of contact centres - As demonstrated by the case A-M (Children).Rewarding a party who has acted unlawfully? - The case A v D & Others.Have a good weekend.
  • R v R: Kafkaesque

    11 Dec 2014 | 4:30 am
    Mr Justice JacksonI remember when I was practising being concerned by the ease with which ex parte domestic violence injunctions could be obtained. Some solicitors seemed to advise all of their female clients to apply for one as an 'opening gambit', which could often determine the entire outcome of the proceedings, especially where an ouster order was made. After such an order the ousted party would find it very difficult to return to the property, and of course the issue of residence of any children would also effectively be decided in favour of the party remaining in the property. In fact,…
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    California Divorce Attorney Helene L Taylor » Blog

  • Is your spouse avoiding service?

    14 Dec 2014 | 8:28 pm
    It isn’t uncommon for spouses to avoid service of the Petition for Dissolution of Marriage, Legal Separation or Domestic Partnership, Summons and/or Declaration Under Uniform Child Jurisdiction and Enforcement Act. Some hide in their houses and won’t answer the door when the process server knocks. Others won’t give their spouses their new addresses or instruct receptionists at work to say “He/she’s not here.” The reasons for avoiding service are varied but the most common are to prevent the commencement of the thirty day period in which the Respondent…
  • Can you fire a divorce lawyer? Should you?

    7 Dec 2014 | 4:30 pm
    I’ve met men and women who paid $10,000s to $100,000s to attorneys they weren’t happy with. Some stayed with their lawyers because they were scared to leave or worried that changing lawyers would drive up costs and delay cases. Others kept thinking things would get better, but they didn’t, which is par for the course. To these peoples’ credit, changing lawyers midstream means paying a new retainer and fees for the time it takes the new attorney to get up to speed on a case. But this doesn’t mean the overall costs of divorce will go up or that it will…
  • How to stop a California divorce

    3 Dec 2014 | 2:53 pm
    If you want to reconcile or remain married and your spouse doesn’t, unfortunately you can’t stop the legal process in California. Under California’s no-fault family laws, if one spouse wants a divorce the court must proceed regardless of the spouse’s opinion or wishes to remain married. If you and your spouse have reconciled and you would like to stop your legal proceedings in California, you may be able to dismiss your case unilaterally (without your spouse’s consent) or jointly with your husband’s agreement. Generally speaking, this is how it works: If…
  • Your ticket to the inside – court forms, rules laws

    23 Oct 2014 | 3:10 pm
    The post Your ticket to the inside – court forms, rules laws appeared first on California Divorce Attorney Helene L Taylor.
  • You paid the down payment, your spouse holds title – now what?

    22 Oct 2014 | 12:26 pm
    You asked: “I used my inheritance to make the down payment on our home during marriage but the house title is only in my spouse’s name. What happens to my down payment in the divorce? I answered: If you and your spouse negotiate the terms of your California divorce, legal separation or dissolution of a domestic partnership settlement, together you can decide how you want to handle the down payment regardless of the facts and applicable laws. Or you can choose to apply California’s family laws to make your decision, which is what a judge must do if your case goes to trial.
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    Toronto Family Lawyer Blog

  • The Ordering of Production and Disclosure from a Non-Party Pursuant to the Family Law Rules

    Andrew Feldstein
    19 Dec 2014 | 2:47 pm
    Jordan v Stewart, 2014 ONSC 5797 This case addresses the issue of the ordering of production and disclosure from a non-party pursuant to rule 19(11) of the Family Law Rules. Background The Mother brought a Motion to Change the existing child support order of Justice Czutrin, dated July 12, 2013. In so doing, the Mother brought a motion for financial disclosure from three corporations in which the Respondent Father held shares. The Mother submitted that she was unable to determine the Father’s income for support purposes until the requested disclosure was provided. In the order of Justice…
  • The Overlap Between Spousal Support and Equalization

    Andrew Feldstein
    12 Dec 2014 | 12:37 pm
    Berta v Berta, 2014 ONSC 3919 This case addresses the issues of spousal support, equalization and the overlap between the two claims. Introduction The parties were married on December 31, 1982 and separated on March 26, 2010. The wife, Delia Joan Berta was 75 years old and the husband, Raymond Louis Berta was 68 years old and in poor health at the time of the proceeding. Joan held senior management positions until she took early retirement and then worked in different positions. Raymond started ACCE Inc., shares of which were equally owned by the parties. The parties lived a lavish lifestyle,…
  • Obtaining Life Insurance to Secure Support Obligations

    Andrew Feldstein
    5 Dec 2014 | 1:07 pm
    Katz v Katz, 2014 ONCA 606 This case addresses the issues of civil contempt and the power of Courts to order a payor to obtain a life insurance policy to secure their support obligations. Background The parties in this matter were married for 18 years and had three children, aged 15, 22 and 26.  Pursuant to the divorce Order, the Wife was granted custody of the two younger children and the Husband was ordered to pay lump sum spousal support, periodic child and spousal support and fifty percent (50%) of specified section 7 expenses under the Federal Child Support Guidelines.  Of note, the…
  • DNA Paternity Testing: Griggs v Cummins, 2014 ONSC 3956

    Andrew Feldstein
    28 Nov 2014 | 1:57 pm
    This case addresses the issue of DNA paternity testing. Background The Father in this matter brought a motion requesting leave to obtain a blood test for the purpose of determining the paternity of the child.  The Mother and her family strongly opposed the motion. Analysis The Court found that the framework to analyze the issue of DNA paternity testing was provided for in the Children’s Law Reform Act.  Further, the Court found that the guiding principle in this case is the best interests of the child as defined in section 24 of the Act.  The Court further cited sections 4 and 10 of the…
  • Child Support: Appeal Due To Material Change In Circumstance

    Andrew Feldstein
    22 Nov 2014 | 5:04 am
    Stevenson v Smit, 2014 ONCA 521 This case addresses the issue of child support under federal and provincial guidelines. Background The parties married in 1989, separated in 2003 and divorced in 2004.  There are three children of the 15 year marriage, ages 14, 18 and 19.  In 2005 the parties entered into a Separation Agreement, whereby the parties agreed that neither would pay child support in accordance with the Child Support Guidelines.  Instead, the parties agreed that they would share equally all major expenses concerning the children of the marriage. When the above-mentioned Separation…
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    Sanns Mediation World of ADR

  • Changing Your Name When Divorcing — Professional Issues

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

    Marvin Schuldiner
    9 Dec 2014 | 6:33 am
    New Jersey children suing their parents for college costs have been in the news frequently in recent months.  Many parents are unaware of the law in New Jersey which derives from a 1982 NJ Supreme Court case called Newburgh v. Arrigo, 88 N.J. 529 (1982).  The case creates factors a court should look at when determining whether […] No related posts.
  • Alimony Reform: Changes to NJ Alimony Law

    Marvin Schuldiner
    7 Oct 2014 | 8:16 pm
    On September 10, 2014, NJ Governor Chris Christie signed Public Law 2014, Chapter 42 into law.  This law makes changes to NJ’s alimony statues.  The legislature had been discussing this issue for several years and finally was able to come to consensus between the factions who wanted a formula (similar to child support) and those who […] No related posts.
  • How do I get a Pre-nup?

    Marvin Schuldiner
    6 Oct 2014 | 8:03 pm
    When some couples or people think about getting married, they want to protect their assets in case things don’t work out.  To accomplish this, they execute a pre-nuptial agreement or a pre-nup.  Such an agreement pre-specifies things such as assets protected from equitable distribution, limits to equitable distribution, limits on alimony and more.  Negotiating a […] No related posts.
  • 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: 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 people considering...
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    Maryland Family Law

  • Free speech and threats to be argued before the Supreme Court

    Heather Sunderman
    1 Dec 2014 | 8:49 am
    Today, the U.S. Supreme Court is hearing the matter of Elonis v. U.S. In this case, a man from Pennsylvania was sentenced to four years over threats he made to his wife. Soon after his wife obtained a protective order, Mr. Elonis posted to facebook that his wife should fold up the order and see if it was thick enough to stop a bullet. He also made numerous other posts about slitting his wife's throat and leaving her a "bloody mess." Some of the postings were made similar to rap lyrics, and Mr. Elonis maintains that he did not intend to threaten his wife and was merely…
  • Maryland 20/20 symposium

    Heather Sunderman
    18 Nov 2014 | 1:35 pm
    On October 31st, the Maryland Professionalism Center, Inc. hosted a symposium on the future of law practice in Maryland. There have been so many changes just in the eleven years that I have been practicing law: the rise of electronic filing systems, the impact of social media as well as the long-standing effects of our economic recession. Other attorneys I've worked with have shared with me the experiences of using Dictaphones (Google it!) and typewriters to file motions, with great nostalgia about how attorneys used to treat each other. Could it be that the same technology that…
  • Veteran's Day Topic

    Heather Sunderman
    11 Nov 2014 | 12:58 pm
    Divorce and custody issues can be quite complicated when one or both of the parties is a servicemember. For example, if one receives military orders overseas, it may necessitate a change in custody or visitation. While you are serving abroad, the children may get accustomed to a living with the other parent, and thus a "temporary" arrangement may end up as the "permanent." Here, the Court is only concerned with the best interests of the children, rather than fairness to the parent. Another tricky issue for military members is fault-based divorce grounds.
  • Don't forget to vote

    Heather Sunderman
    4 Nov 2014 | 9:03 am
    If you haven't already taken advantage of early voting, remember to go to the polls today! Take your children with you, so they can observe the process and see that it's a priority to you. Kids love to get an "I Voted" sticker of their own.   
  • 31 Oct 2014 | 11:54 am

    Heather Sunderman
    31 Oct 2014 | 11:54 am
    Happy Halloween! Halloween means it's time to look at your custody access schedule and make holiday plans if you haven't already. Advance planning can help make the holidays less stressful and more fun for everyone!
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    New York Personal Injury Lawyer Blog

  • Dr. BK and Dr. JM ...cont

    18 Dec 2014 | 3:40 pm
    The decedent underwent three open heart surgeries within a period of less than twenty-four hours. Evidence was offered that the defendant's malpractice necessitated the second and third surgeries. Hospital records record a pain level of 10 following the second operation. Even when sedated Mr. AT was restless and agitated and required wrist restraints. During his ensuing five-month hospitalization, Mr. AT experienced multiple blood transfusions, six episodes of pneumonia, a partial lung collapse, requiring a bronchoscopy, intestinal bleeding, urinary tract infections, decubitus ulcers, sepsis…
  • Dr. BK and Dr. JM ...cont

    16 Dec 2014 | 3:38 pm
    CPLR 1601(1) does not address situations, such as here, where the alleged non-party tortfeasor is the State of New York which cannot be joined as a co-defendant in the Supreme Court. The prevailing view, however, is that apportionment against a state joint tortfeasor, subject to suit in the Court of Claims, is appropriate in a Supreme Court action. In addition, CPLR 1601 (1) permits a state defendant, in the Court of Claims, the benefit of Article 16 apportionment against a non-state, joint tortfeasor by exempting the State from the rule which excludes a non-party's share when jurisdiction…
  • Dr. BK and Dr. JM ...cont

    14 Dec 2014 | 3:34 pm
    Dr. JM, a board certified cardiac surgeon and professor in heart surgery at the University of Minnesota, testified regarding his training in Central America, Germany and Minnesota, his more than 120 publications on the topic of cardio-thoracic surgery and related subjects, and his participation in approximately 6,000 such surgeries. Thus, Dr. JM, by study, training, observation and experience was qualified to offer an opinion as to the relevant standard of care. Moreover, the defendant's present challenge to the qualifications of Dr. JM was not preserved for review by timely objection. In any…
  • Dr. BK and Dr. JM

    12 Dec 2014 | 1:15 pm
    In this action for medical malpractice and wrongful death, defendant JH. Dr. BK seeks an order, pursuant to CPLR 4401, 4404 and 5501, setting aside a jury's liability verdict in favor of plaintiff and award of damages totaling $19,780,000.00 Dr. BK alleges that (a) plaintiff failed to make a prima facie showing of medical malpractice; (b) the liability verdict is against the weight of the evidence; c) a new liability trial is required in order to apportion fault against Downstate Hospital 1; (d) the interest of justice requires a new trial; (e) the awards for pain and suffering and loss of…
  • AC Const. Co. Inc. ..cont

    10 Dec 2014 | 3:14 pm
    RS testified to the effect that he is the owner/president of AC Const. Co. Inc. Collaborative Construction Company, a New York corporation founded in 1997 to build high-end residences of modern architectural design primarily on the eastern end of Long Island. AC Const. Co. Inc. entered into a contract or agreement with DL to erect a one-family house at 611 lazy Point Road, Amagansett and was the general Contractor for the project and hired subcontractors for the job site. Mr. DL did not retain any authority to hire the subcontractors and did not supervise any of the work that was done at the…
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    Dads Divorce and Fathers Rights Blog

  • 4 Tips For An Effective Shared Parenting Plan

    19 Dec 2014 | 7:38 am
    Recently, there has been a surge in interest in the positive impact shared parenting can have on children following divorce or separation. In the first eight months of 2014, three different child development organizations produced reports showing that shared parenting can help nullify the negative outcomes associated with single parenting. 
  • Video: Cordell & Cordell News - December 19, 2014

    19 Dec 2014 | 7:21 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of December 19, 2014. This week, Cordell & Cordell Principal Partner Joe Cordell spoke with Forbes about the peculiarities of the recent billion-dollar divorce settlement of Continental Resources CEO Harold Hamm. 
  • DadsDivorce Live: 2014 Shared Parenting Report Card

    18 Dec 2014 | 8:06 am
    Last month, the National Parents Organization released its 2014 Shared Parenting Report Card. The report is the first national study to provide a comprehensive ranking of each state on their child custody statutes.  The report revealed some startling statistics. Across the board, states tended to score poorly. 25 states received a D or worse and no states were given an A. 
  • Can I Sue Over Being Sent To Court To Establish Paternity?

    17 Dec 2014 | 2:55 am
    Question: Can a man file a civil lawsuit against a woman who sends him to court to establish paternity? 
  • 4 Problems With The Modern Child-Support System

    16 Dec 2014 | 7:42 am
    Ruth Graham recently wrote a feature for the Boston Globe shining a light on the many flaws with the modern child-support system. Graham’s piece traces the history of the modern system and exposes how it is based on stereotypes and outdated notions. Several sociologists and scholars are quoted in the story suggesting possible solutions to update the system to better support children while also incorporating fathers into their lives. 
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    Alabama Divorce & Family Law Attorney Blog

  • Divorcing Quietly, Wealthy or Not

    Steven Eversole
    28 Nov 2014 | 11:04 am
    High-asset divorces are likely to make national headlines, but even average-income Americans can benefit from a “quiet divorce.” Keeping your divorce private and handling disputes discretely can help prevent wreaking havoc on your children, extended family and your own personal life. With Facebook, Twitter and other social media accounts becoming more tempting sources to “air your grievances” after a divorce, keeping your divorce private is also a smart decision to protect your rights and achieve the best possible outcome in court or through negotiation and settlement. In recent…
  • FAQs: Alabama Divorce Law and Immigrant Spouses

    Steven Eversole
    26 Nov 2014 | 10:58 am
    Whether you were married in another country and immigrated to the United States, married an immigrant in the U.S. or are an immigrant who married here, your Alabama divorce is likely to be more complicated than most. What are your rights to divorce in Alabama? Will you be deported if you do not have citizenship? How will divorce affect your children and rights to custody? These are some of the questions you may have. Remember every divorce case is unique and should be reviewed by an experienced attorney in the U.S. Your rights and options will vary depending on your individual circumstances,…
  • Domestic Violence in Alabama: “Enough is Enough”

    Steven Eversole
    22 Nov 2014 | 10:59 am
    Domestic violence is a criminal matter. However, when a domestic violence victim seeks divorce, it is also necessary to consult with an experienced family law attorney. Women (and, to a lesser extent, men), throughout Alabama have suffered from domestic abuse, including name calling, emotional abuse, hitting, slapping, choking and other forms of mental and physical intimidation and abuse. While many victims may feel abuse is shameful and that there is no way out, advocates, victims and law enforcement officials are pursuing an initiative to help women understand when “Enough is Enough.”…
  • Is Equal Parenting Time Best for Children?

    Steven Eversole
    19 Nov 2014 | 10:48 am
    Whether you are facing a contentious divorce or you are resolving your differences amicably, chances are  you and your former spouse are seeking the best parenting solution for your children. For many advocates, the idea of equal parenting time is compelling. For children, it may also seem like the best possible outcome—shared time equally between both parents. A recent analysis in the Washington Post suggests equal parenting may not be the best solution for children. While some legislative trends have pushed equal parenting time, some child advocates are pushing back, arguing such…
  • Preparing for Child Custody Mediation in Birmingham

    Steven Eversole
    15 Nov 2014 | 10:44 am
    While you may be able to get through the financial elements of a divorce, handling the future of your child custody arrangement can be emotional and stressful. Both parents will have to face the reality you will not be with your children full-time and will have to come to an agreement about a functional parenting agreement. Establishing a new schedule can be difficult for parents and children, but it is important to take advanced steps to come to an equitable and lasting compromise. Whether you are considering divorce or have already filed, it is important to understand how the parenting…
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    Domestic Diversions

  • You can do it too: ordinary people acting heroic

    David C. Sarnacki
    18 Dec 2014 | 9:52 am
    CNN entices us with the title: “5 ways to be extraordinary.” In discussing five extraordinary people, Brandon Griggs lists these categories: 1. Show courage in a crisis 2. Exhibit grace under pressure 3. Meet evil head on 4. Miracles are within your grasp 5. Share credit for your success
  • In the darkest moments of our lives: Col. Jessep’s “You want answers?”

    David C. Sarnacki
    6 Dec 2014 | 6:30 am
    On Being highlighted one of my favorite quotes in a post about The Questions We Ask Ourselves. The words of Rainer Maria Rilke offer a bit of light in moments of blinding darkness: “Be patient toward all that is unresolved in your heart… Try to love the questions themselves… Do not now seek the answers, [...]
  • Sarnacki Law Firm awarded “Best Law Firms” status

    David C. Sarnacki
    3 Nov 2014 | 2:43 am
    The Sarnacki Law Firm has received a Tier 1 ranking in the 2015 Edition of U.S. News – Best Lawyers “Best Law Firms.”
  • The true cost of Facebook: your marriage?

    David C. Sarnacki
    10 Oct 2014 | 9:49 am
    Ozy highlights a Boston University study suggesting Facebook is “a positive, significant predictor of divorce rate and spousal troubles.” Apparently, Henry David Thoreau* was right about true cost: “The price of anything is the amount of life you exchange for it.” Anne Miller writes (excerpt): While previous studies suggested that Facebook and its ilk [...]
  • Who has the power to change your life?

    David C. Sarnacki
    15 Sep 2014 | 9:50 am
    CNN celebrated Positive Thinking Day (September 13th) by offering “five expert tips to help you think yourself well.” The point is to take responsibility for your happiness and to do something. Sara Cheshire included these tips (excerpt): Be aware of your automatic reactions Catch and reframe your thoughts Don’t believe everything your mind tells you Let go of fear Find [...]
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    NJ Family Issues

  • Consumer Fraud Act applicability hinges on the nature of a transaction, requiring a case by case analysis

    15 Dec 2014 | 7:55 am
    Law Lessons from JP Morgan Chase Bank, N.A. v. Gaspar, App. Div., No. A-4652-12T4, December 12, 2014: While interpreted broadly, the Consumer Fraud Act (“CFA”), N.J.S.A. 56:8-1 to -195, does not apply to every sale in the marketplace. Papergraphics Int’l, Inc. v. Correa, 389 N.J. Super. 8, 12-13 (App. Div. 2006). “Rather, CFA applicability hinges on the nature of a transaction, requiring a case by case analysis.” Id. at 13. NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support;…
  • Expert testimony is required for the purpose of establishing the value of real property

    15 Dec 2014 | 7:53 am
    Law Lessons from JP Morgan Chase Bank, N.A. v. Gaspar, App. Div., No. A-4652-12T4, December 12, 2014: Expert testimony is required for the purpose of establishing the value of real property. See N.J. Highway Auth. v. Rue, 41 N.J. Super. 385, 389-90, 52 (App. Div.), certif. denied, 22 N.J. 340 (1956); see also Jacobitti v. Jacobitti, 263 N.J. Super. 608, 613 (App. Div. 1993), aff’d, 135 N.J. 571 (1994). NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support; Landlord-Tenant Matters; Contracts; Business…
  • Competency of a witness

    15 Dec 2014 | 7:22 am
    Law Lessons from In The Interest of G.J.P., App. Div., No. A-4283-12T3, December 12, 2014: The standard for determining the competency of a witness is set forth in N.J.R.E. 601: Every person is competent to be a witness unless (a) the judge finds that the proposed witness is incapable of expression concerning the matter so as to be understood by the judge and jury either directly or through interpretation, or (b) the proposed witness is incapable of understanding the duty of a witness to tell the truth, or (c) except as otherwise provided by these rules or by law. Whether a person is…
  • The use of all corporal punishment

    15 Dec 2014 | 5:42 am
    Law Lessons from New Jersey Division Of Child Protection And Permanency v. A.H., App. Div., No. A-0253-13T3, December 12, 2014: “Abuse and neglect actions are controlled by the standards set forth in Title Nine of the New Jersey Statutes.” N.J. Div. of Youth & Family Servs. v. P.W.R., 205 N.J. 17, 31 (2011) (citations omitted). “The purpose animating Title Nine `is to provide for the protection of children under 18 years of age who have had serious injury inflicted upon them.'” Ibid. (quoting N.J.S.A. 9:6-8.8). “[T]he legislative history of Title 9,…
  • Criminal sexual contact

    15 Dec 2014 | 5:41 am
    Law Lessons from In The Interest of G.J.P., App. Div., No. A-4283-12T3, December 12, 2014: To establish guilt of criminal sexual contact in violation of N.J.S.A. 2C:14-3(b), the State must prove beyond a reasonable doubt that the individual intentionally touched the victim’s intimate parts, either directly or through clothing, “for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.” N.J.S.A. 2C:14-1(d). Criminal sexual contact occurs in cases where “[t]he actor use[d] physical force or coercion, but the victim does…
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    Pennsylvania Family Law


    Mark Ashton
    2 Dec 2014 | 2:03 pm
    In most instances, people who take the time to visit a website like this are either enmeshed in domestic relations problems or trying to be supportive of those who are. No one likes being in this position but statisticians tells us that this is a pretty common event in modern society. Folks in the “system” are often frustrated. Very few people want their relationships to fail or to fight over how they will allocate their income, their assets or how and when they will see their children. But that is what occurs when relationships fail. When these sad events occur, people tend to want…

    Mark Ashton
    19 Nov 2014 | 1:28 pm
    College support is back in the news as a young woman resident in New Jersey has sued her parents to contribute to her undergraduate education at Philadelphia’s Temple University. The case brings us to revisit the question of how college agreements need to be molded to meet with the new realities of post secondary education. First we should note that New Jersey does permit Courts to award contributions to a child’s college education even where parents have not agreed. That once was the law in Pennsylvania but all of that changed in 1990 when the Pennsylvania Supreme Court held in Blue v.

    Aaron Weems
    19 Nov 2014 | 5:42 am
    Leslie Spoltore, one of our partners in our Wilmington office, posted President Barack Obama’s proclamation making November National Adoption Month. Family law is an area which often deals with difficult issues and outcomes where neither side feels like they’ve won even if the outcome is in their favor. Adoptions, on the other hand, can be an extremely positive event where all those involved – the adoptive parents, the judge, the clerks at the Courthouse – all have a single-minded purpose of creating a new family and permanent family for a child. While some adoptions…

    Mark Ashton
    12 Nov 2014 | 7:00 am
    A recent published decision issued on November 7 addressed the question of how a Pennsylvania Court is to act when a Court of another state refuses to relinquish jurisdiction. The facts are absorbing to say the least. Mother and Father gave birth to a child in Tennessee. They separated and Tennessee entered a shared custody order. In late February, 2011 Mother left the child with Father and disappeared. Father remains a “person of interest” in the context of what is being treated as a homicide.Maternal grandmother, a resident of Erie, Pennsylvania travelled to Tennessee and secured an…

    Aaron Weems
    12 Nov 2014 | 6:58 am
    I’m sure it felt cathartic at the time. An estranged husband rolled his wife’s 1990 Camaro into the Delaware River. He was frustrated that his wife had not turned the family mini-van over to him. The funny thing about having impulse control issues is that there is a certain lack of foresight as to the consequences. For instance, there is the impact on your divorce case: destroying a marital asset such as a car will likely result in the value of the vehicle being assigned to him at equitable distribution. Other consequences that this gentleman failed to consider would be the law…
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • Choosing a Divorce Mediator

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

    Debra Synovec
    28 Oct 2014 | 3:25 am
    Knowledge Resources for Divorce Professionals Lots of learning going on in the fields of mediation and collaborative law.  Last weekend I attended the nation’s largest annual gathering of International Academy of Collaborative Professionals at a conference in beautiful Vancouver B.C.  One week before this I attended the Academy of Professional Family Mediators 2014 Conference  (APFM) in wonderful San Diego, CA. Both brought together hundreds of family and divorce professionals from all over the world for discussions, workshops, forums, sessions and networking events. One thing I would…
  • Useful Skills in Mediation

    Debra Synovec
    25 Sep 2014 | 7:43 pm
    Mediation is a constructive, efficient strategy for divorcing couples to reach mutual agreements that will be carried on after the divorce is final. Divorce mediation provides separating couples with a safe space to discuss arrangements facilitated by a neutral third party. How you come to the mediation table can make a big difference on whether you and your spouse are able to come up with an effective solution. These attributes are useful ways of being in a successful divorce mediation: Patience This is perhaps the most difficult skill to achieve, especially for those who are naturally want…
  • Tips for Co-Parenting During the School Year or Anytime

    Debra Synovec
    2 Sep 2014 | 1:36 am
    One of the most difficult parts about divorce is how it affects the family unit—especially when children are involved. Joint custody may not be easy, but it’s the best way to provide your children with the close parent relationships they deserve. At Whole Mediation, we provide divorce mediation that can help separating couples create an agreeable, mutually beneficial parenting strategy. With the school year back in full swing, follow these co-parenting tips for a cordial relationship with your ex for your children’s sake: Keep the kids out of it The issues that come with a breakup…
  • Divorce Rates in the United States

    Debra Synovec
    31 Jul 2014 | 4:38 am
    Half of all marriages end in divorce. Is this statement really true? It’s been embedded in our minds time and time again, but is the statistic accurate? The answer is actually no, however it’s close. According to, the divorce rate in the U.S. from first marriages is 41 percent—not quite 50, but definitely close. However, the divorce rate for second marriage is 60 percent and third marriage is 73 percent. The defined divorce rate refers to the number of divorces per 1,000 married persons. The divorce rate in America has decreased steadily since 2000 according to the…
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    Fort Lauderdale Divorce Lawyer Blog

  • Broward Judge Grants Florida's First Ever Same-Sex Divorce

    17 Dec 2014 | 10:44 am
    A Broward Circuit Judge's order on December 17 granted to South Florida art dealer Heather Brassner that which she sought for more than a year: a divorce. What made the judge's in-court ruling groundbreaking was that Brassner sought a divorce from her lesbian partner, with whom she had entered into a civil union in 2002. The ruling represents the first time a Florida court has issued a divorce to a same-sex couple and comes on the heels of a December 8 ruling, issued in the same case, declaring Florida's ban on same-sex marriages unconstitutional and unenforceable, the Miami Herald reported.
  • Appropriate Alimony Awards and the Length of Your Marriage

    10 Dec 2014 | 6:20 am
    When faced with the possibility of awarding alimony, courts have a variety of options. The appropriate option may depend on various factors, including how long you were married. Whether you are the spouse paying alimony or the one receiving alimony, it is very important to understand what the law does (and does not) allow courts to do when it comes to an alimony award. Two Florida appeals court decisions from this year serve as examples of these limitations. In a very recent decision, Diaz v. Diaz, the 3d District Court of Appeal ruled in favor of a husband's appeal and overturned a trial…
  • Mother Declared in Contempt for Impeding Sons' Relationship with Father

    3 Dec 2014 | 9:18 am
    Divorces are almost always difficult, but divorces that occur to couples with teenage children can be especially challenging. While a parent cannot control what his or her children feel or think regarding the other parent, he or she can help foster a healthy relationship by refraining from actively doing things to impede the children's relationship with the other parent. One South Florida mother's decision to engage in such counterproductive, hindering behavior ultimately earned her a judgment of contempt, which the 4th District Court of Appeal recently upheld. When Michael and Lori Ford…
  • Jurisdiction Rules Prevent Father From Modifying Child Support in Florida

    24 Nov 2014 | 9:06 am
    In today's world, personal and professional situations often dictate that individuals and families do not stay in one place forever. You may have lived in one state, and within a few years, you, your ex, and your children may have all moved away. When this happens, the rules of jurisdiction may limit what court may issue rulings on your case. A mother who had not lived in Florida since before she got divorced was able to get a court order modifying her ex-husband's child support obligation thrown out recently based on these rules. Since the couple's divorce and child support order came from…
  • Alimony Not Proper If Spouse Lacks the Ability to Pay

    17 Nov 2014 | 9:34 am
    Sometimes, courts decide to award alimony to one spouse in a divorce based on that spouse having a much smaller income than the other spouse. The 2d District Court of Appeal received a case like this and reversed the trial court's ruling requiring the husband to pay alimony. That's because evidence of income disparity alone is not enough to justify an alimony award. The law requires proof of the recipient spouse's need and the payor spouse's ability to pay. The evidence in the case showed the husband did not have the ability to pay, so awarding alimony was erroneous. Matthew Mills' family law…
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    Ohio Family Law Blog

  • Do Any of These 10 Regrets by Parents Apply to You?

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    20 Dec 2014 | 12:03 am
    Some people live their lives looking at the rear-view mirror, regretting the past rather than enjoying the present or anticipating the future. Here are the most frequently mentioned regrets I’ve heard from parents in my office: Spent too little time with the kids. Overwhelmed with meeting the expectations of so many people, some parents never just enjoy their children. Relax and appreciate today. Spent too much time with the kids. At the other extreme, overprotective parents who are consumed with their children’s lives realize they have neglected themselves, their spouse, and other…
  • Divorce Regrets For Couples Likely Says Study

    Robert L. Mues
    13 Dec 2014 | 2:07 am
    Recent Study Say Couples Experience Increased Unhappiness In Their Second Marriage, Have Regrets Over Divorce Recently there has been some publicity of individuals expressing their regrets regarding obtaining their divorce.  A completely anonymous website, known as, allows individuals who have gone through divorce or separation to express their regrets.  This website led to a bestselling book series called “Secret Regrets”.   These expressions of regret occur too often in the divorced world as a recent Utah State University article discusses. The study…
  • Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?

    Robert L. Mues
    6 Dec 2014 | 1:36 am
    Do Divorce Rates Increase When People Spend More Money On An Engagement Ring? Study Says Yes! Traditionally, A princess cut, a pear, a round, or an oval?  Should I go to Jared (He went to Jared) or Stafford or Kay, because every kiss begins with Kay, right? How much should I spend?  Can I afford a good engagement ring now or should I wait and save 3 months’ salary?  Am I going to look cheap if I go to an off brand jeweler or use a family heirloom ring? These are all questions that many men face when deciding when and where to purchase an engagement ring.  It seems like just buying the…
  • In the Season of Excess: Will you Splurge or Binge?

    Guest Contributor Donna F. Ferber, LPC, LADC
    29 Nov 2014 | 12:24 am
    Today while running some errands, I saw mountainous displays of bags of candy so enormous that I would need assistance just getting them to the car! Aisles and aisles of transparent sacks filled with tempting giant size candy bars! Where are those little bit size morsels we used to consider a treat? Now there were Reese’s Peanut Butter Chocolate Cups the size of small pizzas! (Okay, maybe just the size of bagels…but still!) Of course, they are priced to encourage you purchase more than just one bag (buy two, get one FREE!). Halloween is the gateway holiday to the season of excess –…
  • Divorce: Dividing iTune Libraries and Other Digital Assets

    Robert L. Mues
    22 Nov 2014 | 12:13 am
    What Happens To Your Digital Assets In A Divorce? Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have…
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    NJ Family Legal Blog


    Eric S. Solotoff
    19 Dec 2014 | 12:17 pm
    Recently, I was at a mediation where the mediator, when telling us his assessment of my client’s case, said that he was creating “settlement anxiety.”  I had never heard this term but what I believe was meant was that the mediator wanted the client to have “anxiety” about his/her position in order to be more likely to make compromises and settle.  If the goal is getting a settlement at all costs, I guess it makes sense – but is it fair? In most cases, there is a “realm of reasonableness” or a range in which any settlement would be essentially…
  • Changing a Child’s Hair Color- Who decides????

    Jennifer Weisberg Millner
    25 Nov 2014 | 10:05 am
      Copyright: subbotina / 123RF Stock Photo It was recently reported that movie star Hallie Berry has taken her daughter’s father to court over his actions of straightening and changing their daughter’s hair color, claiming that he exceeded the bounds rights as a joint legal custodian. Believe it or not, this is not an unusual issue come up when two parents of a child are not living together. So which payment does get to decide issues like this?  Typically, the parent who is designated the “parent of primary residence”, or the “custodial parent” is the parent…

    Eric S. Solotoff
    17 Nov 2014 | 12:35 pm
    Last week, I blogged about the fact that the Supreme Court was going to be hearing argument on the Gnall v. Gnall case on November 12, 2014.  I watched part of the argument streaming on the judiciary website and the rest of it later when it was posted to the site.  For those of you who have not read our prior posts on this case, this is the case where the Appellate Division deemed a 15 year marriage to be “long term” and remanded the matter for consideration of permanent alimony. Two things were interesting to me about the argument.  First, it appears as though loose language in both…

    Eliana Baer
    13 Nov 2014 | 6:08 am
    “Caitlyn’s parents Maura and Michael were young loves. Their marriage only lasted two and a half years but the two say they amicably parented to give their daughter the best life they could.” ABC News Anchor, Wendy Saltzman, reported on last night’s news. Caitlyn’s parents became estranged from their daughter when “Instead of following our rules, she decided she is going to leave her mother’s house where she was living and move in with her grandparents.” When it came time for Caitlyn to apply to colleges, her parents made a joint decision they would not…

    Eliana Baer
    12 Nov 2014 | 7:12 am
    “Whereas victims rarely know how to use the law in their favor, the aggressor instinctively deploys the necessary maneuvers.  Abusive behavior can be used to find fault in a divorce action. But how can one keep track of guilt by innuendo?” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. You know you’re co-parenting with a narcissist.  You saw from Part I of this article that perhaps your ex-spouse evades direct questions regarding the children, your ex distorts language and uses innuendo, he or she lies, he or she uses sarcasm, ridicule,…
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    Always Family Center

  • Daisy Camp schedule for end of 2014 and into 2015

    Carl Arnold
    26 Nov 2014 | 12:10 pm
    I have an update on Daisy Camp to share.  See below! We have our 2015 calendar of events ready to go (click here for schedule).  We are still adding more events. Our last event for 2014 is on the Financial Nuts … Continue reading →
  • Give Your Used Cell Phone to a Good Cause (Survivors of Domestic Violence)

    Carl Arnold
    22 Oct 2013 | 6:25 am
    Give Your Used Cell Phone to a Good Cause (Survivors of Domestic Violence) Although I don’t use Verizon for my own cell phone service provider, I recently came across a Verizon wireless page about how you can donate your used … Continue reading →
  • Importance of ICWA to Native American children and tribes in the Child Protection court system

    Carl Arnold
    12 Jun 2013 | 2:13 pm
    This is an emotionally powerful and touching, professionally produced video that tells through first-hand experiences the importance and benefits of the Indian Child Welfare Act (ICWA). I’ve been involved in sereral ICWA child protection cases in MInnesota and it is … Continue reading →
  • Same-Sex Couples Understand the Importance of Marriage…and Can Now Marry in Minnesota

    Carl Arnold
    15 May 2013 | 8:05 pm
    Phew! Same Sex Marriage is finally the Law of the Land in Minnesota!! Families are (and should be!) celebrating, because on Tuesday, May 14, 2013, Minnesota Governor Mark Dayton signed Gay Marriage into Minnesota law. I am an attorney and … Continue reading →
  • Same-Sex Marriage Close to Reality in Minnesota

    Carl Arnold
    8 May 2013 | 8:19 am
    Well, thank goodness, we appear to be very near the end of this battle for equality and social justice when it comes to same-sex marriage.  As I blogged about previously: When Republicans pushed to amend the Minnesota Constitution to ban … Continue reading →
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    Pink Tape

  • Clear now?

    Lucy Reed
    17 Dec 2014 | 6:04 am
    The Telegraph this morning runs a “Top Family Judge” story :”Social workers must not ‘shy away’ from adoption – top family judge. Sir James Munby seeks to head off collapse in adoption placements warning that children could be put at risk by new obsession with keeping them with relatives ‘at all costs’” in which it lays out its precis of B-S and Re R. It says (amongst other things) “Sir James Munby, President of the Family Division, said children’s welfare was being put at risk by a new obsession with keeping them within their wider family circle…
  • Sorry, what’s that you say?

    Lucy Reed
    16 Dec 2014 | 3:00 am
    It was a mere blink of an eye since we were treated to the Adoption Myth Buster, wheeled out at a moment when it was said adoption statistics were through the floor. And it was all the fault of Re B-S. Or people misinterpreting B-S. Or people not being sufficiently, unequivocally, evangelical about adoption. But knock me down with a feather what is this I see reported? [link added:] Adoption is not really down after all? In fact it seems to be rising? Wait, what? Adoptions are up 26% on last year and are now at their highest highest since…
  • Private Law – one swing and a roundabout

    Lucy Reed
    15 Dec 2014 | 2:47 pm
    The downturn in private law applications is definitely starting to look like a trend. Another month of figures lower than the same time last year (9%). And take a look at the table here [missing link added] – there is clear blue water between that red line (this year) and any other year shown. On the plus side, the Gudanaviciene JR has been upheld. This was a batch of immigration cases, but the key point for our purposes is that the Lord Chancellor’s guidance on s10 LASPO has been held to be unlawful. As reported in the Telegraph, the Ministry remains unrepentant, saying through…

    Lucy Reed
    9 Dec 2014 | 2:57 pm
    Below is an article of mine published in Family Law Journal in July of this year, reproduced with kind permission of Jordans. Section 98 of the Children Act 1989 (the 1989 Act) is one of several provisions that languish towards the tail end of the Act, often forgotten or misremembered in its precise effect by busy practitioners – and it has a tendency to emerge as relevant with little warning. As such it is worth reminding oneself periodically of its application to avoid being caught out. Section 98(1) is one of several statutory provisions which suspends self-incrimination privilege in…
  • The big experiment

    Lucy Reed
    30 Nov 2014 | 12:11 pm
    The Litigants in person in private family law cases research study (Trinder, Hunter et al) was published by the MoJ on 27 November 2014. It is a 234 page long report analysing the findings of a multi-stranded and significant piece of research around the experience of litigants in person in the period immediately prior to LASPO implementation. It has been long awaited (LASPO having been implemented some 18 months ago). It has been widely reported as having been “sat upon” or “Awaiting quality assurance” depending on perspectives (see here and here) and even as recently…
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    Maryland Divorce Legal Crier

  • How to Repair Your Credit After Divorce

    James J. Gross
    18 Dec 2014 | 8:40 am
    The good folks at Top Ten Reviews have published a guide on how to repair your credit after various financial disasters. Chapter 3 covers divorce. Best of all, the guide is free.
  • The Best of Times, the Worst of Times

    James J. Gross
    12 Dec 2014 | 8:16 am
    My oldest son entered high school this year.  He said he likes it.  He is very confident, outgoing and popular.  He takes after his mother. I told him I didn’t like high school very much.  I was shy, introverted and not a member of “the in crowd”.  I was a geek, a nerd, a brainiac.   I wore thick, horn-rimmed glasses. I mentioned this conversation to an old friend that I’ve known since high school.  He said, “Really?  But you had it pretty good in high school.” That set me to thinking.  I was the star of two school plays. I dated the valedictorian of the class ahead of…
  • The Person Who Leaves First, Loses

    James J. Gross
    11 Dec 2014 | 9:48 am
    I have a lawyer friend who likes to argue.  He has picked a good profession for it.  More than a few times, he has had an opposing counsel hang up on him in irritation and frustration. He doesn’t care.  Under his rules of argument, “The person who hangs up first, loses.” It occurs to me that this rule may be applied to marriage and relationships as well.  So if you are the one that’s been abandoned or deserted, don’t despair.  The person who left was too irritated or frustrated to hang in there and argue.  The only card left in their hand to play was the leaving card.   They…
  • A Perfect Storm

    James J. Gross
    4 Dec 2014 | 7:59 am
    There is a perfect winter storm of depression brewing.  Got the blues?  You are not alone.  There are good reasons you may be feeling sad right now. Holiday Depression You may get depressed at this time of year because it reminds you of bad experiences of past holidays.  Or you may get depressed because you have had better holidays in the past.   Or you just may be comparing this holiday to an imagined holiday like the ones in the Norman Rockwell paintings or the happy holidays you think your friends are enjoying. Seasonal Affective Disorder At this time of year I’m driving to the…
  • Small Courtesies

    James J. Gross
    28 Nov 2014 | 9:21 am
    I worked for a powerful lawyer once.  He was well educated and well connected.  He moved in White House circles.  He was very wealthy. He was an old time lawyer – the kind they don’t’ make anymore.  He would bang out his pleadings on a typewriter and give them to his secretary to put on the word processor.  He was a fearsome litigator and would take an appeal as high and as long as the client was willing.  He won some big cases and was written up in the newspapers. Despite all this, he was unfailingly polite to everyone.  He never failed to say good morning to the doorman at his…
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    Fathers' Rights Not Just Every Other Weekend

  • Child Support Scam

    James J. Gross
    19 Dec 2014 | 10:26 am
    T.K., who lives in a Minneapolis suburb, met Jhona Vandemore on a dating website in 2007.  Shortly afterwards they arranged to meet in person Two or three months after Vandemore told T.K. she was pregnant with his child. He asked for a paternity test and she said that would cause her to file for child support in court.  T.K. acquiesced and agreed to pay her $1,000 a month.  She sent him a birth certificate and pictures of the child. Over several years, T.K. paid more than $100,000.  T.K. married and his new wife became suspicious.  She hired a private investigator who took his findings…
  • Homework

    James J. Gross
    11 Dec 2014 | 11:17 am
    My youngest son is in the sixth grade.  He asked me to help him with his math homework last night. I took a look at the problem.  Er…how do you divide exponents? I’m not exactly a slouch at math. I have a degree in chemical engineering, a law school degree, and a master of law degree in taxation.  I’ve taken every math course available including differential equations and laplace transformations.  I’m in Mensa. But I couldn’t divide exponents.  I must have missed that day in school. Fortunately for me, I’ve never encountered a real-life work situation where I had to divide…
  • Hey, I’m Not Headed to Vegas with Your Child Support, Buddy

    James J. Gross
    10 Dec 2014 | 1:00 pm
    Marye has written an interesting view of child support from her perspective as a mother of three at First Wives World.
  • DC Collects Child Support for Less than Half the Children

    James J. Gross
    3 Nov 2014 | 10:55 am
    On Tuesday, the District of Columbia will elect an Attorney General.  Judy Berman and Marc Efron report in the Washington Post that the largest division of the office of Attorney General is the Division of Child Support. It serves more than 50,000 children (more than children enrolled in D.C. Public Schools). It has a staff of more than 200  people charged with locating and serving non-custodial parents; processing and filing paternity cases, child support and medical support orders with the court; reviewing and revising orders, initiating and monitoring collections; and initiating…
  • Better Relationships with Children Ups Child Support Collections

    James J. Gross
    30 Oct 2014 | 10:55 am
    Emily DeVoe at WECT.Com describes the success of a program in New Hanover County, North Carolina, called Partnership for Fatherhood. “We found out that a lot of fathers weren’t paying their child support–they didn’t have a relationship with their children–and so we said, ‘If they have a relationship with their children, maybe then they will pay their child support because they will have a relationship and be committed to their child,’” Angelina Bernard of the Department of Social Services said. One of the program’s goals is to build better…
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    Blog entries

  • 4 Tips For An Effective Shared Parenting Plan

    19 Dec 2014 | 6:38 am
    Recently, there has been a surge in interest in the positive impact shared parenting can have on children following divorce or separation.In the first eight months of 2014, three different child development organizations produced reports showing that shared parenting can heRead More...
  • Video: Cordell & Cordell News - December 19, 2014

    19 Dec 2014 | 6:21 am
    DadsDivorce and MensDivorce as well as their sponsor, Cordell & Cordell, present a news video for the week of December 19, 2014.This week, Cordell & Cordell Principal Partner Joe Cordell spoke with Forbes about the peculiarities of the recent billion-dollar divorce settlement of Continental Resources CEO Harold Hamm. 
  • DadsDivorce Live: 2014 Shared Parenting Report Card

    18 Dec 2014 | 7:06 am
    Last month, the National Parents Organization released its 2014 Shared Parenting Report Card. The report is the first national study to provide a comprehensive ranking of each state on their child custody statutes. The report revealed some startling statistics. Across the board, states tended to score poorly. 25 states received a D or worse and no states were given an A. Even though the consensus among child development experts is that shared parenting is an effectiRead More...
  • Can I Sue Over Being Sent To Court To Establish Paternity?

    17 Dec 2014 | 1:55 am
    Question:Can a man file a civil lawsuit against a woman who sends him to court to establish paternity? Answer:I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only Read More...
  • 4 Problems With The Modern Child-Support System

    16 Dec 2014 | 6:42 am
    Ruth Graham recently wrote a feature for the Boston Globe shining a light on the many flaws with the modern child-support system.Graham’s piece traces the history of the modern system and exposes how it is based on stereotypes and outdated notions. Several sociologists and scholars Read More...
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    Marilyn Stowe Blog

  • Emirati couples reconcile after divorce

    Stowe Family Law Web Team
    19 Dec 2014 | 10:00 pm
    Close to half the couples who file for divorce in the United Arab Emirates (UAE) later reconcile, the country’s Minister for Social Affairs has claimed. Speaking to members of government body the Federal National Council, Social Affairs Minister Mariam Al Roomi said court-mandated intervention has helped to reduce the numbers pushing ahead with divorce. Family courts in the Middle Eastern nation are required refer cases to official family guidance departments to encourage the unhappy couple to consider reconciliation. Minister Al Roomi was summoned to appear before Federal National Council…
  • Billionaire’s ex-wife decides not to contest divorce settlement

    Stowe Family Law Web Team
    19 Dec 2014 | 10:27 am
    The estranged wife of billionaire financier Sir Chris Hohn has decided not to contest her recent record-breaking divorce settlement. Jamie Cooper-Hohn was awarded £337 million last month – one of the largest divorce settlements ever reached in the English courts. Despite its size however, the award represented just 36 per cent of the matrimonial wealth. Sir Chris, to whom she was married for 17 years, successfully argued that he had made a ‘stellar contribution’ to the couple’s fortune and this claim was accepted by the Judge. In a statement issued yesterday, Mrs Cooper-Hohn…
  • A week in family law: Adoption clarification and more by John Bolch

    John Bolch
    19 Dec 2014 | 8:51 am
    The latest figures released by the Department for Education show that the number of looked after children in England and Wales is continuing to rise. There were 68,840 looked after children at 31 March 2014, an increase of one per cent compared to 31 March 2013 and an increase of seven per cent compared to 31 March 2010. The numbers have increased steadily over the past five years. Adoptions are also increasing. There were 5,050 looked after children adopted during the year ending 31 March 2014, an increase of 26 per cent from 2013 and an increase of 58 per cent from 2010. Although the number…
  • Husband fails in bid to have mentally disabled wife returned

    Marilyn Stowe
    19 Dec 2014 | 4:55 am
    A man in a polygamous marriage has failed in a bid to have one of his two wives returned to his home in what must be one of the most appalling cases I have ever read. Sitting in the Court of Protection, Mr Justice Mostyn was asked to rule on whether or not the woman, who has severe learning difficulties, should be returned to her husband after she was placed in care by her local authority. Referred to as ‘TB, the woman, of Bangladeshi origin, has a mental age of four and was taken to a care facility by the London Borough of Tower Hamlets under the Mental Capacity Act 2005. Her husband of 18…
  • 76% of family law cases feature litigant in person

    Stowe Family Law Web Team
    19 Dec 2014 | 2:58 am
    A staggering 76 per cent of family law cases now have at least one party without representation, new figures have revealed. New statistics from the Ministry of Justice (MoJ) show that both parties in a family law dispute have legal representation in only 24 per cent of cases between July and September. This number has almost halved since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), which cut legal aid for all family law cases which do not involve provable domestic violence. Between July and September of 2012, before LASPO was enacted, the number of…
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • Inspiration: The vision pulls you

    Tripp Atkins
    12 Dec 2014 | 7:54 am
    No related posts.
  • Almost Daily Inspirational Quote: Keep Moving Forward!

    Tripp Atkins
    8 Dec 2014 | 5:00 am
    Related posts: Almost Daily Inspirational Post: You’re not stuck Almost Daily Inspirational Post: Happiness
  • Almost Daily Inspirational Post: You’re not stuck

    Tripp Atkins
    2 Dec 2014 | 5:00 am
    Related posts: Almost Daily Inspirational Post: Happiness Almost Daily Inspirational Quote: Keep Moving Forward!
  • Who Wins Custody of a Child when a Spouse Cheats?

    Tripp Atkins
    1 Dec 2014 | 7:54 pm
    Child custody cases can be highly contested because of the emotional nature of the subject.  Throw in a flammable issue like adultery and be prepared for some fireworks!  Adultery is an issue that can cloud judgment on both sides of a case and prevent even the most straight-forward of issues from resolving themselves outside of a court room.  But does adultery truly impact the custody decision of the court? When deciding custody, the family court judge must determine what is in the best interest of the child.  The SC Code sets forth some factors that the Court should consider in…
  • How Do We Prove the No Fault Divorce Ground: Continuous Separation for Over 1 Year

    Tripp Atkins
    5 Nov 2014 | 9:15 am
    Question: My wife and I have lived apart for over ten months but the first 6 months she lived with her mother, the last four months she has owned her own home.  We both want a simple divorce, how do we account for the first 6 months of separation? Answer: The South Carolina Code of Laws sets forth five grounds for divorce in South Carolina in §20-3-10.  Sub-paragraph (5) is the provision for the no-fault ground as follows, “on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.” The law…
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    Michael C. Craven | Divorce Lawyers Chicago

  • Ten Tips for Surviving Divorce during the Holidays

    Michael C Craven
    4 Dec 2014 | 12:26 pm
    Surviving Holiday Season During Divorce The 2014 holiday season is upon us.  Traditionally, the holidays are a time for bringing the family together to enjoy and celebrate the season. However, when families are going through, or have gone through, a divorce, these times can often feel much less festive. Surviving a divorce during the holidays can be a difficult task. For those who are affected by divorce, the stress of the season can be very intense. Not only is there the juggling of schedules between parents but this could also be the first time a divorcing or newly divorced client has to…
  • Social Media Rights After Death

    Michael C Craven
    20 Nov 2014 | 7:49 am
    Social Media Rights After Death With the number of Facebook users reaching one billion, the social networking site inevitably is intertwined with people’s everyday lives.  In a previous blog post on Divorce Lawyers Chicago, I wrote about how social media can affect a divorce settlement.  However, what people often fail to think about is how Facebook and other online accounts will be handled after their deaths. Current issues regarding social media profiles of the deceased With increasing frequency, family and friends are requesting access to their loved ones’ online accounts. Sometimes…
  • Power of Attorney Health Care Agent

    Michael C Craven
    30 Oct 2014 | 11:02 am
    Choosing a Health Care Power of Attorney Agent In my recent blog post about the changes to the Health Care Power of Attorney Act, I emphasized the importance, especially for those going through a divorce, of having a Health Care Power of Attorney (HCPOA) in an estate plan. An HCPOA allows a person to designate another person, called the health care agent, to make health care decisions for that person in the event that he or she can no longer make the decisions due to injury, illness or incapacity. When someone is chosen to be a health care agent, he or she is taking on a lot of…
  • Spousal Education Gaps and Divorce

    Michael C Craven
    9 Oct 2014 | 9:32 am
    Education and Divorce Recently, a report was published in the August issue of the American Sociological Review about an extensive study regarding divorce trends among spouses with differing levels of education. The report prompted me to think back upon the evolution of my cases during my years as a Chicago divorce lawyer. The study, which used data of marriages formed in the nation from 1950-2004, found that marriages where the wife has more education than her husband are no longer more prone to divorce than couples with equal education levels or where the husband has more education. Why is…
  • The Baby Boomer Divorce Trend

    Michael C Craven
    9 Sep 2014 | 1:27 pm
    Baby Boomer Divorces I recently read an article that the divorce rate was on a slight decline from the generally accepted 50 percent rate. Although it is difficult to obtain completely accurate divorce statistics, as a divorce lawyer, I was interested to search deeper into the topic. While I struggled to find credible sources to confirm the precise national divorce rate, I found a commonality among all studies regarding divorce trends: baby boomers have the highest, and still growing, divorce rates among all age groups in the nation. Divorce trends among baby boomers Until the 1970’s, no…
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    Lawdiva's Blog

  • Political Correctness Leads to “Merry Christmas” Laws

    Georgialee Lang
    20 Dec 2014 | 9:48 am
    Texas governor Rick Perry signed a new law in 2013 called the “Merry Christmas” law. The new law protects Christmas and other holidays in Texas’ public schools from legal challenges. The law was initiated when Representative Dwayne Bohac learned that his son’s school had erected a “holiday” tree, as the word “Christmas” was banned in the school for fear of attracting litigation. Mr. Bohac remarked that the exclusion of any reference to Christmas at public schools was “political correctness run amok”. The Christmas controversy, called…
  • Bill Cosby Plays the Race Card

    Georgialee Lang
    15 Dec 2014 | 5:50 pm
    Let me put my cards on the table. I never did like Bill Cosby, didn’t think he was funny, and wondered why everyone went ga-ga over him, especially Oprah. However, I never dreamt in a million years that he was a long-term sex offender, and yes, I believe the accounts told by every victim that has come forward. I was shocked when Janice Dickinson described what happened to her and will willing to suspend belief, based on her history of drug and alcohol abuse. But when I read 1970’s top black model, Beverly Johnson’s article in the December 2014 Vanity Fair this week, I was…
  • Hollywood’s Take on Divorce

    Georgialee Lang
    14 Dec 2014 | 7:43 am
    Today’s post looks at the lighter side of divorce and separation with a review of my top three “divorce” movies. And the winners are…. 1. The War of the Roses Who can forget the outrageous antics of Michael Douglas and Kathleen Turner as the warring Roses, in this black comedy directed by Danny De Vito, who also plays a divorce lawyer in the film. The Roses are a wealthy, sophisticated couple who despite appearances, hate one another. After Mrs. Rose asks for a divorce she advises her husband she will never leave her home and refuses to acknowledge that he has an equal interest in it.
  • Attorney Uses Forged Power of Attorney to “Pull the Plug” on Her Wealthy Father

    Georgialee Lang
    13 Dec 2014 | 12:17 pm
    Elder abuse is a world-wide phenomenon that has only recently received the attention and research dollars that it deserves. For our senior citizens who are victims of caregivers or family members, the emotional and physical damage and financial exploitation is often hidden behind closed doors. Such is the case in an elder abuse case in Missouri that has been exposed by authorities who have charged Kansas City lawyer, Susan (Liz) Elizabeth Van Note, age 44, with first degree murder and felony forgery. Liz Van Note’s 67-year-old father and his long-time girlfriend, who he intended to marry,…
  • Law Firm Caught Up in Bogus Sunken Treasure Find

    Georgialee Lang
    12 Dec 2014 | 3:56 pm
    Jay Miscovich was a bright man, with a medical degree in his pocket, but he preferred the world of business and real estate investments until, down-on-his-luck, he turned his talents to finding sunken treasure off the coast of Florida. He told a story about running into an old friend in a bar in Key West, who showed him some salvage fragments which appeared to be from a Spanish galleon. He purchased a map from his friend for $500.00, where X marked the spot of a possible treasure trove of sunken artifacts and perhaps more. He and a buddy, later a partner in the company they incorporated,…
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    Farzad Family Law

  • What are the Best Divorce Tips for Guys? Let’s Look at the Legal Side

    B. Robert Farzad
    1 Dec 2014 | 10:00 pm
    Divorce tips for guys starts with a focus on the legal side of things. Divorce tips for guys starts with the legal landscape. This article is part one of a three-part series. Part two will be practical divorce tips for guys they could really use (and many don’t know) and part three will help with the emotional aspects of it all…and we all know the emotional side can sometimes be the most challenging. Remember guys, this isn’t legal advice. Divorce advice comes from an actual dialogue with a divorce lawyer and the lawyer understanding your specific situation. No matter how many…
  • What Can You Expect from Divorce Depositions in California?

    B. Robert Farzad
    29 Nov 2014 | 10:02 pm
    Divorce depositions in California require the experience, knowledge and skill of the lawyer taking or defending it. Divorce depositions in California are less common than you think. There are two reasons for that. First, depositions can get expensive. It’s not just lawyer’s fees but also the court reporter who often charges per page to create the transcript and charges for the original and certified copies. Second, divorce depositions are often unnecessary (or overkill) in cases that are not complex or do not have many contested issues and there are more cost-effective ways to get answers…
  • Divorce Advice for High Net Worth Individuals and Entrepreneurs

    B. Robert Farzad
    17 Nov 2014 | 6:51 pm
    Divorce advice for high networth individuals starts with a consultation with an experienced divorce lawyer. This article is a good start on planning for that consultation. Divorce advice for high net worth individuals such as millionaires and entrepreneurs comes best from one place – an in person legal strategy session with a smart and experienced attorney who has a dedicated law practice to family law. It just so happens that’s exactly what we are, except we are not one lawyer but several experienced attorneys as part of a premiere family law firm in Orange County, California.
  • How to Protect Your Child From a Narcissistic Father or Mother?

    B. Robert Farzad
    29 Oct 2014 | 10:13 pm
    Protecting children from a narcissistic father or mother comes with challenges because, with a narcissistic parent, it’s all about their way or no way How to protect your child from a narcissistic father or mother starts with understanding what drives such personality types to do what they do. We have written in the past about the subject of divorcing a narcissist for women and for men, including how a narcissist handles divorce and reacts to it. This article isn’t about your divorce or the divorce process. It’s about your child. What we write here isn’t legal advice. These…
  • Lying on Income and Expense Declaration Forms – Why is it Done and How do You Prove it?

    B. Robert Farzad
    10 Oct 2014 | 9:15 pm
    An income and expense declaration is a mandatory and often used form in California divorce or paternity cases. But how do spouses or parents lie on the form, hide information and what can be done about it? Lying on income and expense declaration forms in a divorce, child support or spousal support case is one of the dumbest things a spouse or parent can do. Those who do it and do so willfully seem to believe that they will get away with it. This assumption generally comes from one or some of the following: The other spouse or parent won’t have time or money to dig into the truth, The…
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    Law Office of Steven L. Fritsch

  • Legal Separation and Divorce: The Differences

    Steve Fritsch
    11 Dec 2014 | 3:05 am
    Legal separation and divorce both create a world where a couple lives apart. In both, either the husband or the wife initiates a court proceeding. The couple’s assets are divided, child custody is settled and one spouse may be required to pay alimony or child support to the other.   But a couple that is legally separated remains married, while a divorce formally ends the marriage.   What is a Legal Separation?   When one spouse moves out of the family home, the couple may consider themselves separated. They may even work out a separation agreement that divides up their…
  • Uncontested Divorce in California

    Steve Fritsch
    10 Dec 2014 | 3:02 am
    Divorce in California does not always have to involve long trails of paperwork and countless court dates. If a divorce is uncontested, parties can in many cases fill out a simple group of documents, wait six months and get a divorce judgment handed to them by the court. But before anyone assumes that the process takes care of itself and can be casually completed, the State of California has certain restrictions and guidelines. These safeguards help to guarantee that only parties that have truly reached agreement on all important matters can get an uncontested divorce in California. So even if…
  • Getting a Divorce: The Difficult First Steps

    Steve Fritsch
    9 Dec 2014 | 3:43 am
    After going back and forth with your spouse, again and again, you have finally decided to get a divorce. It’s never an easy decision. But there comes a time when additional counseling probably won’t work, and the thought of staying together, for whatever reason, is unimaginable. The first steps that you take after that can affect not just what happens during your divorce proceedings, but possibly for the rest of your life. You First Need to Talk to an Attorney This may sound like we are just pitching our services, but it’s true. Even speaking with an attorney early in the divorce…
  • Fathers’ Rights

    Steve Fritsch
    7 Dec 2014 | 8:19 pm
    A generation or two ago, fathers got a bad deal in divorce. Custody almost always went to the mother and they had little recourse if they wanted more time with their children. Some found themselves paying large amounts in child support while being denied a relationship with the children they were supporting. Because of this history, fathers can be too quick to concede custody and accept less time than they want with their children. They let their ex-wives make important decisions and think a judge will side with their ex if there’s a dispute. Legally, however, fathers in California today…
  • Divorce Mediation Process

    Steve Fritsch
    5 Dec 2014 | 1:16 pm
    Even in the best of circumstances, divorce is a traumatic, life-altering event. It can also be an expensive process if the spouses opt for litigation before a California Superior Court judge. Attorney’s fees and court costs can easily run in the tens of thousands of dollars, which can be a substantial hardship for divorcing spouses with limited assets. While a court must be involved to approve a divorce order, the parties can resolve the major issues surrounding the dissolution of the marriage without resorting to contested litigation. These issues include division of marital property,…
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    Fairfax, Virginia Family Law Blog

  • Can a property owner be held liable for a dog bite?

    Surovell Isaacs Petersen & Levy PLC
    18 Dec 2014 | 6:07 am
    Most people understand premises liability to refer to a property owner's liability for an accident that occurs on his or her property due to a dangerous property condition. Virginia residents should also be aware, however, of the fact that a property owner or dog owner can be held liable under premises liability for damage or injury caused by a dog bite in certain situations. Virginia law protects people who are injured by a dog bite by holding the owner, or even the custodian, of the dog liable unless he or she can prove certain facts that will prevent liability from attaching. For example,…
  • Virginia Tech to be part of brain injury study

    Surovell Isaacs Petersen & Levy PLC
    12 Dec 2014 | 8:17 am
    Recently, it seems as if there is always another news story highlighting the dangers of repetitive brain trauma, especially in relation to contact sports with typically high numbers of concussions. As science and medicine continues to develop, medical professionals are becoming more aware of the significant and long-term brain injury that results from repeated head trauma and are focusing on raising awareness related both to recognition of symptoms and prevention of repeated head trauma. Virginia Tech recently announced that it will become part of a national study focused on researching and…
  • Texting and driving poses serious risk of car accidents

    Surovell Isaacs Petersen & Levy PLC
    3 Dec 2014 | 10:45 am
    There are many different potential causes of car accidents. In Virginia, common causes include poor road conditions, weather conditions, vehicle malfunction, drunk driving and other forms of driver negligence. As technology becomes an ever-increasing presence in people's daily lives, it is also becoming a growing cause of car accidents. According to the Federal Communications Commission, the use cell phones and other mobile devices while driving is dramatically increasing the incidences of distracted driving behaviors that cause serious-and sometimes even fatal-car accidents. Various…
  • Truck crash involves 2 large trucks, results in fatality

    Surovell Isaacs Petersen & Levy PLC
    26 Nov 2014 | 6:13 am
    Because of their especially large size and weight, tractor trailers and other large trucks pose a particular danger on the roadways in the event they are involved in a crash. For this reason, truck drivers and the companies who employ or contract with them are expected to exercise reasonable care and follow safety standards in an effort to prevent a truck crash. Even relatively easy-to-fix problems, like defective auto parts, can result in serious or fatal accidents, as recently occurred in Virginia. Late one night on a recent evening, a dump truck became disabled and stranded on the middle…
  • We can help those harmed by a defective product

    Surovell Isaacs Petersen & Levy PLC
    20 Nov 2014 | 1:11 pm
    Suffering an injury from the use of a product that you believed to be safe and harmless is often quite shocking. While many of us look for danger and risks in our surroundings in an effort to be safe, the majority of us do not expect the risks to come from our day-to-day use of common products. Unfortunately, consumer injury due to a defective product is not uncommon. Some of the most common dangerous and defective products that cause consumer injury include prescription drugs or medical products, motor vehicles, and household appliances. However, there are many other types of products that…
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  • Ride on the Job: Occupations that Utilize Motorcycles

    Biker Law
    24 Nov 2014 | 2:52 pm
    If you spend your 9-5 behind cubicle walls, this post may cause you to rethink your career. To true bikers at heart, spending all day, every day on a bike is considered living the dream. Though seemingly unattainable, this dream is a definite reality for those pursuing the following occupations which allow you to earn a wage on a motorcycle.   Motorcycle Expedition Guide If you love travelling and seeing the world from your motorcycle, pursue a career as a motorcycle expedition guide. Motorcycle expedition guides are the purveyors of adventure. Through companies like Australia’s…
  • Tips for Riding in a Group of Motorcycles

    Biker Law
    14 Nov 2014 | 2:33 pm
    Though motorcycle riding is often a solitary experience, riding in a group is the essence of being a biker. However, group riding comes with added risks. A recent National Highway Traffic Safety Administration (NHTSA) study showed that risks associated with group riding include covering too much road, mixing riders of various skill levels, and general chaos contributing to the unpredictability of group rides. With a little bit of planning and proper group ride etiquette, you’ll be ready for a safe and fun group road trip. Photo courtesy of NY Times   Meet before you ride First and…
  • The Best Motorcycle Accessories for Fall 2014

    Biker Law
    20 Oct 2014 | 8:11 am
    We love fall! No more afternoon thunderstorms and cooler temperatures. So while you’re getting your bike ready for long rides, we’ve been scouring the internet for the best motorcycle accessories for Fall 2014. Here are a few of our favorites that will keep you safe, stylish, and connected: Goggles Ride 100% Barstow Goggles are not only cool and retro but functional as well. They mix a high-tech construction with a 70s design. Choose from the Classic, a traditional motocross style, or the Legend, with a more retro European aesthetic. Multitools Union Garage NYC tool roll is modeled after…
  • Which Motorcycle is Right for You?

    Biker Law
    20 Sep 2014 | 7:53 am
    The perfect motorcycle is different for every rider. Experienced bikers often say there’s a right bike for any situation. Because motorcycles are more advanced and specialized than ever, being happy with your choice is about finding the motorcycle that’s right for you and the kind of riding you want to do. New riders have higher confidence on light weight motorcycles with a low seat height that allows them to get both feet on the ground. A lighter bike is better for learning because it’s easier to balance, steer, accelerate and brake. Fortunately, weight and seat height specs are…
  • Top Central Florida Biker Events You Should Know About

    Biker Law
    8 Sep 2014 | 2:00 am
    One of the greatest perks of owning a motorcycle is being able to join thousands of fellow bikers for a rally, ride or festival in celebration of your love for the open road. Autumn is a great time for bikers, especially those in Central Florida, as there are tons of opportunities to get you revved up. Hogtoberfest Concert featuring Eddie Money This is a must-attend event if you love motorcycles and music. Roll up to the Orlando Harley-Davidson Historic Factory Dealership on Saturday, October 18, 2014 (noon to 9 p.m.) for food, drink and a free live performance by Eddie Money. Plus, you could…
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    Family Law Express Brief

  • How do family reports gain insights into a family dynamic given the short time available?

    Valerie Cortes
    6 Dec 2014 | 1:11 pm
    This is one response from the Expert Interview Series: Dr. Travis Gee. Refer to the table of contents for the whole series of questions posed to Psychologist Dr Travis Gee, on the topic of Family Reports and the Psychology Industry in Family Law. 8. As a psychologist, what are the apt methodologies of completing a family report and not obstructing the development of justice for all parties involve? As mentioned above, wherever mental health issues are raised, properly-conducted psychometric assessments early in the piece are important, because of possible contamination where ‘clinical…
  • Everything you need to know about Family Trusts: Part 2 – Avoiding Pitfalls

    Dinesh Munasinha
    7 Nov 2014 | 9:17 pm
    The notion of having a Family Trust is viewed by many as too complicated, prone to high risk, a facilitator of family disputes and with little to ultimately gain in financial terms. There have also been a number of high profile cases in the public domain of Family Trusts that have not been set up or managed properly, at times leading to significant tax penalties and family disputes for those involved. However, it need not be that way. For those who set a Family Trust properly , it is considered one of the best legal tools to help better distribute the wealth of the family and make substantial…
  • Overview of the AIFS Independent Children’s Lawyer Study

    Jessica Goddard
    25 Oct 2014 | 5:00 pm
    Independent Children’s Lawyers (ICL’s) have been a hotly debated issue within Family Law in Australia. The recent controversies surrounding ICL’s have necessitated inquiry and the Australian Government’s response has been an Australian Institute of Family Studies study into the effectiveness of ICL’s commissioned by Attorney General Nicola Roxon and the Attorney General’s Department. The study, examining the extent to which the involvement of an ICL in family law matters improves outcomes for involved children, was concluded with the release of a final report in May 2013 by the…
  • Family Reports and the Psychology Industry in Family Law: Expert Interview

    Valerie Cortes
    18 Oct 2014 | 7:37 pm
      Dr Travis Gee Family Law Express has had the privilege to interview a Brisbane-based psychologist, Dr. Travis Gee, on his views of the psychology industry within the context of Family Law. Dr. Travis Gee is an Honorary Life Member of the Australian Counselling Association, of which he is an Executive Board member. Dr. Gee is currently in private practice. Dr. Gee extensive and broad experience has included him teaching in universities in both Australia and his native Canada, and he has prepared independent reports in criminal cases involving so-called ‘repressed…
  • Hearsay – What is it and when can you use it?

    Susan Jayne
    10 Oct 2014 | 10:21 pm
    Hearsay is often colloquially referred to as ‘he said, she said’. It is a statement being used to prove the truthfulness of something based on the fact that somebody else said it was true. If you were in the Family Court for instance, and you said “I saw John read his daughter a bedtime story”, this would not be hearsay because you are talking about something you personally witnessed. However, if you said “Jenny said that John read his daughter a bedtime story”, it would be hearsay because you are trying to prove that John read his daughter a bedtime story based on the fact…
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    The Sampair Group | Legal Blog

  • Your Child and Child Support

    Sampair Legal Blog
    19 Dec 2014 | 12:22 am
    Although the phrase “child support” has the word “child” in it, for the most part, your child should not be involved in, nor should you discuss the details of child support in your case with the child.  Unfortunately, child support is one of the hottest points of contention between divorced or separated parents and often continues to be an issue even in the years after the change in the family.  Child support is about money, and for the most part, children should not be involved in the financial negotiations and challenges that child support creates. The older your child gets, the…
  • New Year for Your Parenting Plan

    Sampair Legal Blog
    18 Dec 2014 | 12:26 am
    The New Year is an excellent time to take stock of your life and create resolutions for yourself. One area of your life to include in your assessment is your parenting plan and parenting relationship. As you are reassessing many aspects of your life, take the time to reconsider your Parenting Plan. Does it still fit your family? Parenting Plans are created based on the circumstances in place at the time. As your child grows and develops new interests and has new schedules, the plan may need adjustment. Small tweaks, such as changes in pick up and drop off times may be necessary, or it may be…
  • Name Change After Divorce

    Sampair Legal Blog
    17 Dec 2014 | 12:19 pm
    If you changed your name when you got married, you may wish to change it back if you get divorced. There is only one way to change your name in a divorce case. You must ask the divorce court for to change your name in the final Divorce Decree. Permission will be granted in your Decree and this is all you need to be able to change your name. If the name change is not included in the Divorce Decree you will have to undergo a separate name change court case, which will lead to additional expense and time. Once you have permission to change your name to your pre-marital name, you will want to…
  • Denial is Not Your Friend in Divorce

    Sampair Legal Blog
    16 Dec 2014 | 12:18 pm
    Sometimes our reaction to difficult or painful situations is to try to ignore them, subconsciously hoping they will go away. Denial is not an uncommon reaction to divorce, but it is a reaction that will cause you problems. If you and your spouse are having marital problems, closing your eyes and hoping they will go away is not the best course of action. You should either get help to try to resolve them, or be realistic about the future of your marriage. If divorce is where things are headed, the sooner you can get legal advice, the better off you will be. Your attorney can make…
  • Divorce and the Missing Spouse

    Sampair Legal Blog
    15 Dec 2014 | 12:14 pm
    Before your divorce case can officially begin, your spouse has to be legally served with a notice of the proceeding. This means he or she has to be given the documents about the divorce, so he or she can know about the case and have time to respond. The purpose behind this is so everyone has a fair chance to understand what’s happening and participate in the case. If your spouse is legally served and chooses not to respond, your case moves forward as an uncontested divorce. Even if you do not know where your spouse is or how to find him/her, Arizona law requires that some type of service of…
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  • What is a Concerns Notice?

    Flo Mitchell
    8 Dec 2014 | 9:24 pm
    A Concerns Notice is a process available in Defamation Law which exists by virtue of the Defamation Act 2005 [NSW] (“the Defamation Act”). The Defamation Act allows for a Concerns Notice to be sent to a person who has made defamatory statements to give them an opportunity to respond by way of making an offer to make amends (“an offer”). In the event that an offer is made (and is reasonable) but is not accepted, it becomes a defence in any legal proceedings taken for defamation by one party against another party. A Judge would determine whether or not the offer ought to have been…
  • Challenges to a Will – Sometimes executors can defend a Will

    30 Nov 2014 | 10:45 pm
    In a recent Supreme Court case, a grandchild challenged his grandfather’s Will. It was considered good law and is still considered good law, that a grandchild can challenge a Will if they have been left out and the estate has not provided for the grandchild’s “proper maintenance, education or advancement in life”. In this recent case, the Court ruled that the facts of the particular case meant that such an order was inappropriate and therefore the application by the grandson against his grandfather’s Will was dismissed. The case involved a former private school boy who a Supreme…
  • A Royal Commission

    Flo Mitchell
    19 Nov 2014 | 2:26 pm
    There has been a lot of talk in the media recently about “Royal Commissions” but a  question I am asked frequently is “what is a Royal Commission” . Way back in 1902, the then Government introduced a new law which allowed the Governor General to establish a public enquiry into anything that relates to or is connected with the peace, order, and good government of the Commonwealth. Recently we have had two separate enquiry’s set up by the Government into the Catholic Church and the Trade Union movement, which are each totally independently of each other. People who are affected by…
  • Privacy and your Confidential Information

    Candice Lau
    3 Nov 2014 | 6:01 pm
    Providing confidential information to third parties is something that we do day to day, without a second thought. Think about the last time you opened a bank account, applied for a credit card, opened a social media account and even signed up for a loyalty card for a retail store. In all of these circumstances, we willingly give details regarding our address, date of birth and contact details. We give even more details when it comes to things such as applying for travel or medical insurance, where we sometimes supply information in relation to our medical history, family history and details…
  • Obtaining an Injunction Against the Relocation of a Child

    29 Oct 2014 | 6:47 pm
    An injunction is a court order that requires a party to do something or refrain from doing something. Failing to comply with an injunction can result in criminal or civil penalties, including possible imprisonment. A parent can seek an injunction from the Family Court to prevent their child’s other parent from taking them out of the State or overseas, however, it is important to be able to prove that the parent who is taking the child has no plans of returning. The following could be used to show that a parent taking a child out of the State or overseas and has no plans to return: if…
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