Family Law

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  • South Dakota Lawmakers Pass Unilateral Divorce Law

    The Stevens Firm, P.A.
    Ben Stevens
    25 Feb 2015 | 5:30 am
    Though most people who are even vaguely familiar with the concept of divorce have heard of no-fault laws. These people may not realize that one aspect of no-fault laws includes the concept of unilateral divorce. South Dakota’s lawmakers have finally made a move to add unilateral divorce to the exist no-fault option, passing the measure through a House Committee earlier this week. Supporters of the measure claim that the unilateral divorce law is a useful piece of legislation that brings South Dakota in line with the vast majority of other states that already allow for unilateral divorce.
  • Free Family Law Clinic Provides Assistance to Residents on Variety of Legal ... - HottyToddy.com

    family law news - Google News
    1 Mar 2015 | 6:08 am
    HottyToddy.comFree Family Law Clinic Provides Assistance to Residents on Variety of Legal HottyToddy.comA free family law clinic is set for March 26 at the University of Mississippi School of Law to assist self-represented plaintiffs in completing pleadings and presenting family law matters. The Family Law Legal Clinic, scheduled for noon to 4 p.m., is
  • Mother Loses Custody and Wins Attempted Murder Charge regarding One Year Old Baby Who Weighs 10 Pounds

    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr
    Janet Langjahr
    22 Feb 2015 | 8:25 pm
    Father and Mother have Baby together. Baby was born premature. When Baby is one year old, Mother takes Baby to hospital. At that time, Baby weighs 10 pounds … the amount a six week old baby should weigh, about half of what a one year old baby should weigh. Baby was determined to be “severely malnourished” and, in essence, dying. Mother allegedly neglected Baby’s medication, oxygen and failed to keep his doctor appointments. Baby is removed from Mother’s care and placed into custody of child welfare agency. Agency places Baby with Father’s sister. Baby has gained…
  • Schools' Reaction

    Family Law Prof Blog
    Family Law
    24 Feb 2015 | 2:21 am
    From Jacoba Urist, writing for the Atlantic: The debates over vaccinations are often cast as arguments over the integrity of science. But they can just as easily be understood as conversations about power, writes Eula Biss, a senior lecturer at...
  • Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

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

  • South Dakota Lawmakers Pass Unilateral Divorce Law

    Ben Stevens
    25 Feb 2015 | 5:30 am
    Though most people who are even vaguely familiar with the concept of divorce have heard of no-fault laws. These people may not realize that one aspect of no-fault laws includes the concept of unilateral divorce. South Dakota’s lawmakers have finally made a move to add unilateral divorce to the exist no-fault option, passing the measure through a House Committee earlier this week. Supporters of the measure claim that the unilateral divorce law is a useful piece of legislation that brings South Dakota in line with the vast majority of other states that already allow for unilateral divorce.
  • Important Considerations for Estate Planning After Divorce

    Ben Stevens
    24 Feb 2015 | 5:30 am
    When a divorce is over and done most people, understandably, simply want to move on. Rather than continue to be reminded of the experience, most have the urge to put the painful experience behind them. Though you shouldn’t continue to wallow in your misery, there are several things that need to be done for estate planning after divorce to ensure you are well prepared for moving forward on your own. We’ll start with a cautionary tale from New York of what can go wrong when divorced couples never bother to update their estate plans. Robyn Lewis originally executed a will in 1996 naming her…
  • Important Advice for Those Considering Divorce

    Ben Stevens
    23 Feb 2015 | 5:30 am
    A recent article in the Huffington Post by by Christian Denmon discussed advice that divorce attorneys should give their clients, but occasionally do not. Most of these tips revolve around financial matters and deserve a quick discussion, but we want to highlight this important advice for those considering divorce so you can’t say this divorce attorney held anything back. Divorce is not cheap Though this can surely come as no surprise, the Huffington Post article points out that the cost of divorce is sometimes hidden by lawyers in an attempt to avoid giving clients sticker shock.
  • What Can Increase the Cost of Divorce?

    Ben Stevens
    18 Feb 2015 | 5:30 am
    Unless your resources are truly unlimited, no one wants to spend a fortune on his or her divorce. After all, the more money you spend divorcing, the less money you have left after the split to start your new life. Though divorce can be pricey, there are several types of behavior that divorcing couples engage in to make the process more expensive than it needs to be. For examples of what kind of things you should avoid in the hopes of keeping the cost of divorce down, keep reading: Don’t overcommit A common problem in a divorce arises when a spouse overcommits financially. This can happen…
  • Can Parents Fight Over Child Support in SC?

    Ben Stevens
    17 Feb 2015 | 5:30 am
    Unless you’ve gone through a Family Court case of your own, chances are you aren’t very familiar with the process. Movies and TV shows and some occasional bits of wisdom gleaned from friends may be what inform your view of how things work. One area that might be especially confusing is that of child support. Many people believe child support is treated like alimony or property division, and can be fought over until a mutually agreeable number is decided upon. However, the reality is very different. How is child support decided in South Carolina? Though you may think that child support is…
 
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    family law news - Google News

  • Free Family Law Clinic Provides Assistance to Residents on Variety of Legal ... - HottyToddy.com

    1 Mar 2015 | 6:08 am
    HottyToddy.comFree Family Law Clinic Provides Assistance to Residents on Variety of Legal HottyToddy.comA free family law clinic is set for March 26 at the University of Mississippi School of Law to assist self-represented plaintiffs in completing pleadings and presenting family law matters. The Family Law Legal Clinic, scheduled for noon to 4 p.m., is
  • Woodruff Family Law Group well represented to support Big Hair Ball 2015 - Examiner.com

    28 Feb 2015 | 4:40 pm
    Examiner.comWoodruff Family Law Group well represented to support Big Hair Ball 2015Examiner.comTo start things off, Family Law Specialist and owner, Carolyn J. Woodruff sparkled down the runway for her MC duties. Next, it was time to see a multitude of models, including two representing Woodruff Family Law Group. One of the firm's models took
  • Re A and B (Prohibited Steps Order at Dispute Resolution Appointment) [2015 ... - Family Law Week

    27 Feb 2015 | 8:44 am
    Re A and B (Prohibited Steps Order at Dispute Resolution Appointment) [2015 Family Law WeekI have referred her to Rule 27.11 of The Family Procedure Rules 2010 and also to PD27B of those rules. I explained the law to her in the presence of the parties and adjourned so that she could read the Practice Direction and the rule. She was referred and more »
  • A (Children) [2015] EWCA Civ 133 - Family Law Week

    26 Feb 2015 | 7:58 pm
    A (Children) [2015] EWCA Civ 133Family Law WeekIn the light of this, the Guardian, appropriately and properly, made a late application on 27 June 2014 for a declaration of parentage under section 55A of the Family Law Act, 1986 with a view to obtaining an order for DNA testing at the hearing listed and more »
  • Family Law – joint custody – religious practices - Wisconsin Law Journal

    26 Feb 2015 | 11:19 am
    Family Law – joint custody – religious practicesWisconsin Law JournalWisconsin Law Journal offers some of its content to registered-only users. Registration for access to this story and our other registered-only content is available for free. Simply provide your email address and create a password to unlock our content.and more »
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    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr

  • Mother Loses Custody and Wins Attempted Murder Charge regarding One Year Old Baby Who Weighs 10 Pounds

    Janet Langjahr
    22 Feb 2015 | 8:25 pm
    Father and Mother have Baby together. Baby was born premature. When Baby is one year old, Mother takes Baby to hospital. At that time, Baby weighs 10 pounds … the amount a six week old baby should weigh, about half of what a one year old baby should weigh. Baby was determined to be “severely malnourished” and, in essence, dying. Mother allegedly neglected Baby’s medication, oxygen and failed to keep his doctor appointments. Baby is removed from Mother’s care and placed into custody of child welfare agency. Agency places Baby with Father’s sister. Baby has gained…
  • Social Security Benefits 101 for the Divorcee

    Janet Langjahr
    21 Feb 2015 | 9:53 pm
    People who are divorced may be able to claim social security benefits based on their own work record and/or their ex-spouse’s work record. The impact of this is that they may be able to begin collecting one of their benefits, the lesser one, at a younger age, while still building up their other benefit until a later age, before switching to that benefit. Your remarriage can squelch your right to a benefit based on your ex’s work record. Also, if your ex-spouse is still alive, your ex must already have applied for their own benefit. For some people, these so-called dualie options…
  • Two Questions Foretell Whether a Marriage Will Stand the Test of Time

    Janet Langjahr
    20 Feb 2015 | 8:49 pm
    And here they are: First, on a scale of 1 – 5, with 5 being the best, how happy would you be if you and your spouse split up? It seems self-evident that the answer to this one will correlate highly with the divorce rate. The second question is a bit more provocative. On a scale of 1 – 5, with 5 being the best, how happy would your spouse be if you and your spouse split up? In a six year study of roughly 3,600 couples, the highest rates of divorce were among couples where the spouses answered this question wrong. In other words, they misjudged just how happy their spouse was in their…
  • Juvenile Justice in Texas Has Advanced by Leaps and Bounds

    Janet Langjahr
    19 Feb 2015 | 8:26 pm
    As recently as 2007, Texas’ juvenile justice system was a horror. Abuse and sexual abuse and neglect were rampant. Once brought to light, Texas revamped its entire juvenile justice system, and has made tremendous progress at serving the needs of Texas’ delinquent youth. Today, the needs of misdemeanor offenders are addressed closer to home rather than in far-flung state facilities. The budgets of local juvenile probation departments were augmented so that they could provide more services and residential facilities at the local level. And juvenile crime has decreased by one-third…
  • Custody Award of 4 Year Old to Mother Over Father Who Uses Medical Marijuana is Upheld on Appeal

    Janet Langjahr
    18 Feb 2015 | 7:40 pm
    Maine Father and Mother have four year old Daughter. Mother wants to relocate to Florida. Father uses medical marijuana. At trial, the Maine family court awarded custody of Daughter to Mother and apparently granted permission to Mother to relocate. Father appeals, contending that the family court’s ruling at trial was an improper penalty against Father for availing himself of a medical remedy that is legal in Maine. On appeal, Maine’s Supreme Judicial Court upheld the family court’s ruling at trial. The appellate court delved into the findings of fact made at trial by the…
 
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    Family Law Prof Blog

  • Schools' Reaction

    Family Law
    24 Feb 2015 | 2:21 am
    From Jacoba Urist, writing for the Atlantic: The debates over vaccinations are often cast as arguments over the integrity of science. But they can just as easily be understood as conversations about power, writes Eula Biss, a senior lecturer at...
  • Suing for Measles

    Family Law
    23 Feb 2015 | 2:18 am
    Jacoba Urist, writing for Today: Say you take a family trip to Disney Land and your baby gets measles — perhaps suffers severe complications and can no longer hear or is left with brain damage. Would you want to sue...
  • Child Custody Division

    Family Law
    13 Feb 2015 | 4:02 am
    From KNOP News: Sen. Laura Ebke (Crete) introduced a bill that would encourage judges to more fairly divide custody between separated parents. LB-437 asks that judges split custody by at least 65/35, unless there are circumstances in a case that...
  • Same-Sex Adoption in Austria

    Family Law
    12 Feb 2015 | 5:56 am
    From ABC News: Austria's Constitutional Court has ruled that gay couples have the same right as heterosexuals to adopt children. Before the decision Wednesday, gay partners could adopt a child only if one of them was the child's biological parent....
  • Taxes & Divorce

    Family Law
    11 Feb 2015 | 3:14 am
    From Forbes: Getting divorced? You have a lot going on. In fact, when you divorce, nearly every vertical of your life changes — including your taxes. If your marriage is ending, address these tax concerns now. Below are the nuts...
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    Missouri Divorce & Family Law Blog

  • Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

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

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

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

    Kansas City Divorce Attorney Mark Wortman
    11 Jan 2015 | 8:35 am
    Recent Case:  Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He then died in 2012. Subsequent to his death, his ex-wife sought and obtained a QDRO giving her one-half of the pension benefits per the separation agreement. Husband’s widow sought to undo that process by challenging the trial court’s authority to enter a QDRO after Husband’s death. When the trial court entered a QDRO, Husband’s widow…
  • Same Sex Marriage Ban Ruled Unconstitutional in Missouri; Same Sex Couples Marry in Kansas City and St. Louis

    Kansas City Divorce Attorney Mark Wortman
    9 Nov 2014 | 7:53 am
    A federal judge in Kansas City ruled on Friday that Missouri’s ban on same-sex marriage violates the U.S. Constitution in a decision that would extend the right of gay couples to marry across Missouri. U.S. District Judge Ortrie Smith found that the Missouri ban ran afoul of the Constitution’s guarantees of due process and equal protection under the law. But Smith delayed his ruling from going into effect immediately pending possible appeals. Missouri Attorney General Chris Koster said the state would appeal. But officials in Jackson County, where the ban was challenged, began…
 
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    Divorce Discourse

  • Your Prospective Clients Are Looking for You on Their Phones

    Lee Rosen
    26 Feb 2015 | 4:30 am
    This lawyer was very proud of the fact that he didn’t have an iPhone, an Android, a Windows phone, or even a Blackberry. He has a “feature phone.” It’s one of those “dumb phones.” You know, the kind you flip open and push the buttons. It’s mostly for “calling” people. (Who does that anymore?) He expected me to give him a hard time about his lack of technology. He was all geared up to explain how he was so Zen and all that stuff and that his e-mail could wait. He’s busy floating on his superiority cloud while my phone beeps and buzzes and I respond to iMessages and…
  • Offer Me a Drink. It’s the Polite Thing to Do.

    Lee Rosen
    25 Feb 2015 | 3:30 am
    When people drop by (invited or not), you show them in the door as you greet them. If it’s at the office, you walk them back to your office. If it’s at home, you walk them to the living room. They sit, you sit, and the greeting stage starts to wrap up. What do you do now? You offer them something to drink. In the South, it’s usually iced tea or water. I imagine there are other options in other places (certainly coffee, right?). But you always offer them something to drink. It’s basic hospitality. So why is it that I’ve been visiting law firms lately and there’s no beverage…
  • 10 Things You Should Train Your Associates to Do Instead of Legal Work

    Lee Rosen
    24 Feb 2015 | 3:30 am
    Associates need to be able to do the legal work, of course. But that’s just part of the package and, in many practice areas, it’s not the most important part of their skill set. Associates who are weak on the soft skills won’t make it. They won’t be good at client contact, and that’s where the rubber meets the road. Here’s what they need to know. You’re probably going to have to teach them these 10 skills: 1. How to Talk to Clients Few young lawyers come equipped for intense client conversations. You’re going to have to model this for them and then coach them as they do it…
  • 3 Essential Elements of Your Website

    Lee Rosen
    23 Feb 2015 | 4:30 am
    The lawyer websites I visit cover a lot of ground. They each feature a different practice area, different attorneys, different approaches, and different designs. Oddly, while they’re all different, they’re all the same in many ways. Today, I’m not here to rant about the need to set yourself apart. Today, I’m not here to complain about how we so often emphasize the wrong things on our sites. I’ll give you a break from all that and focus on the three elements of your site that you absolutely must include. These are the basics, and they’re often lacking on law firm sites.
  • 6 Lessons I’ve Learned Writing This Blog

    Lee Rosen
    19 Feb 2015 | 4:30 am
    I’ve now written 1,600 posts for Divorce Discourse. The first one went up on October 31, 2008. I’ve learned a few lessons along the way. Here are six of them: 1. Stick with it. No one read my stuff when I started (except my mother and my aunt). In fact, some of my friends got annoyed when I posted links to my articles on Facebook since they were aimed at a business audience. But, over a long period of time, the readership grew. The word spread, one person at a time, until it reached critical mass. This is not the sort of thing that happens overnight. If you’re going to jump in, then…
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    UPDATES IN MICHIGAN FAMILY LAW

  • Can A Child Custody Order Be Made Before a Child Is Born?

    Jeanne M. Hannah
    19 Feb 2015 | 6:22 am
    A question that will likely arise more often now than in the past is this: Can a child custody Order be made before a child Is born? Or, stated another way: Can a pregnant woman kidnap a fetus?
  • Videotaping Child Sexual Abuse Investigation Interviews

    Jeanne M. Hannah
    9 Feb 2015 | 8:30 am
    From a family lawyer's point of view, the adherence to standards and protocol when a child is being interviewed during allegations of child sexual abuse can spell the difference between whether a conclusion drawn by the interviewer can be said to be valid or invalid. In order to be certain that the protocol is followed, what could be better (especially since no lawyer and no parent may be present during the interview) than having a videotape that can later be viewed to document the procedure followed?
  • Some Postnuptial Agreements may be Unenforceable | Against Public Policy

    Jeanne M. Hannah
    26 Jan 2015 | 5:30 am
    Parties may agree to make an postnuptial agreement about spousal support, distribution of separate property and property acquired during the marriage. If the parties later divorce, that postnuptial agreement may or may not be enforced by the court. Learn more here.
  • Legal Research Database Services | Quality & Unbeatable Price

    Jeanne M. Hannah
    23 Jan 2015 | 11:51 am
    After nearly ten years of use, I cannot recommend a legal research tool more highly than TheLaw.Net. Quality, price, support, coverage--TheLaw.Net has my vote!
  • "Every 15 Minutes" - PSA - Drinking While Driving

    Jeanne M. Hannah
    23 Jan 2015 | 6:34 am
    public service announcements about the dangers of drinking and driving, I found many created in 2014 by high school students who participated in the National Every 15 Minutes Foundation. I recall some PSAs created in New Zealand several years ago. The realism was astonishing. So, too, these Every 15 Minutes video presentations are very remarkable, dramatic and educational.
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    Divorce Law Journal

  • Published Family Law Opinion from Ky Court of Appeals Today -Directed Verdict Dismissing Termination of Parental Rights Petition Against Imprisoned Father Affirmed

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

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

    Diana L. Skaggs
    13 Feb 2015 | 8:55 am
    J.S V. BERLA While not a family court case, as an action against a court appointed psychologist, this case is important to family law practitioners. A father filed an action against a court appointed psychologist making a custody evaluation. The father alleged slander and libel arguing the psychologist did not act in good faith in making a  verbal report to the CFHFS and in her written Custodial Evaluation Report. The father also argued the psychologist  breached the good faith and fair dealing contractual requirement of the Uniform Commercial Code (“UCC”). The trial court granted…
  • Published Family Law Opinion from Ky Court of Appeals Last Week

    Diana L. Skaggs
    13 Feb 2015 | 8:46 am
    MCVICKER V. MCVICKER At trial, husband made several nonmarital claims, and argued for a 70/30 split of marital property in his favor, since he cared for the parties adult disabled child. The Family Court found that Husband had nonmarital claims in the home and in a Morgan Stanley account. It also split the parties’ marital Morgan Stanley savings 70/30, did not award the wife maintenance, and did not consider the parties’ vehicles in division of the marital property. The wife appealed  these findings of fact and conclusions of law, arguing on appeal the Family Court abused its discretion.
  • Award of cost of living adjustments to civil pension affirmed by Ky Court of Appeals in published opinion January 16, 2015

    Diana L. Skaggs
    18 Jan 2015 | 11:35 am
    BROWN V. BROWN In divorce proceedings, husband had a civil pension. The marital portion was divided equally between the parties using the deferred distribution method. Husband argued that the award should not include the cost-of-living adjustments (COLAs) he received after the divorce. The Circuit Court concluded wife was entitled to the COLAs corresponding to her share of the pension. The Appellate Court affirmed the Circuit Court’s conclusion holding the  wife's portion of the marital retirement should include the COLAs, as they are not earnings attributable to the husband's post-decree…
 
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    International Family Law

  • South Korea court says adultery law is unconstitutional

    27 Feb 2015 | 8:48 am
    SEOUL – South Korea’s Constitutional Court on Thursday struck down a controversial law outlawing adultery and threatening violators with jail.  It marked the fifth time in 25 years that the court had considered the constitutionality of a 1953 statute which made South Korea one of the few non-Muslim countries to regard marital infidelity a criminal act.The statute was not a historical quirk that simply gathered legislative dust. In the past six years, close to 5,500 people have been formally arraigned on adultery charges — including nearly 900 in 2014. But the numbers had been…
  • Poland's Violation of the Hague Abduction Convention

    26 Feb 2015 | 6:57 am
    ByJeremy D. Morley A court in Ontario, Canada has declared that the interpretation and application of the Hague Abduction Convention by two Polish courts was dead wrong and "repugnant to the objectives of the Convention."The order dated February 12th 2015 by Justice David Price of the Superior Court in Ontario in Nowacki v. Nowacki pulls no punches in taking grave exception to the Polish courts' serious misapplication of the grave risk exception to the obligation to return abducted children to their habitual residence.The family lived in Ontario, Canada and had visited Poland…
  • Expert Testimony in International Family Law Cases

    20 Feb 2015 | 8:21 am
    Jeremy D. MorleyExpert testimony is frequently needed in international family law cases.International family lawyers are frequently called upon to act as expert witnesses. Such testimony is often secured in cases concerning international child abduction, particularly in cases in which one parent is seeking to prevent the other parent from having overseas visitation with the child or relocating with the child to another country. However it is also useful in a myriad of other cases.Such testimony might concern: -The factors that indicate that an individual is likely to commit an international…
  • English Divorce Jurisdiction: The Basics

    13 Feb 2015 | 8:00 am
    In a case decided in 2014 Sir James Munby, the President of the Family Division of the High Court of Justice, provided the following extremely helpful and straightforward recitation of the basic legal principles that apply in England and Wales concerning divorce jurisdiction:1.  In the circumstances, and bearing in mind in particular that this judgment will be read by many unfamiliar with our court system, I think it important to give a judgment more detailed in some respects than might otherwise be appropriate. 2.  By way of preliminary, I should explain that within the United…
  • Child Abduction to Mexico

    12 Feb 2015 | 8:00 am
    By Jeremy D. Morley When children are abducted to Mexico by a parent who insists on retaining the child there, it is generally extremely difficult - and it is often impossible -- to secure their return. The difficulty is enhanced substantially if the taking parent has asserted that the other parent is abusive or has engaged in inappropriate conduct towards the parent or the child.Mexico is the principal destination for international parental child abductions from the United States and it accounts for well over half of all the unresolved cases about which the State Department complains in…
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    Family Lore

  • Remembering my late father, and other things

    27 Feb 2015 | 12:00 am
    A varied week on Marilyn Stowe’s Family Law & Divorce Blog included the following posts by me:Judicial clarity and white leopards - JL v SL, but just enjoy the beautiful picture of a snow leopard.A few thoughts on Resolution’s proposals - I.e., in their Manifesto.A family tragedy - The case Re A (A Child).Imerman: The view from Dublin - The Irish High Court case H v H.Have a good weekend.
  • Book Review: Dictionary of Financial Remedies, 2015 Edition

    25 Feb 2015 | 2:57 am
    Dictionary of Financial RemediesHess, Duckworth & Max£50 - Published by Class Legal: February 2015Can it really be fifteen months since I reviewed the first edition of the Dictionary of Financial Remedies? It can and it is.What is new in this edition? Well, it has apparently "been fully updated as at the 1st January 2015 to reflect changes brought in by the implementation of the Family Court and a host of important cases since publication of the first edition in October 2013." There is also a brief revised foreword by The President of the Family Division, Sir James Munby.Subject to those…
  • Press Releases

    23 Feb 2015 | 2:40 am
    I receive many requests to publish press releases, so I thought I would write a short post to explain my policy regarding them.I am happy to consider publishing any press releases that I think may be of interest to readers of Family Lore, but normally only if they are from not-for-profit organisations (other organisations can pay for advertising!). Accordingly, if you work for such an organisation and have a press release that you think may be of interest, please feel free to email it to me at john[@]familylore.co.uk. Please note that I reserve the right to decide what to publish, and I won't…
  • Government must shoulder blame as 7 Grandparents a day seek court order to see grandchildren

    23 Feb 2015 | 2:29 am
    Jane RobeyAs data shows that seven Grandparents a day made applications for a court order to see a grandchild after the divorce or separation of the child’s parents last year, a leading family charity says the government must shoulder blame for the lack of information and education about alternative approaches to settling family disputes.2,517 court applications were made in 2014 by grandparents for Child Arrangement Orders or Contact Orders (enabling a child to spend time with a named person).Jane Robey, CEO of National Family Mediation, said: “The fact is that grandparents have no…
  • Just another week on the Marilyn Stowe Blog

    20 Feb 2015 | 12:30 am
    And, if I say so myself, an interesting one too. The variety of topical topics covered by my posts this week on Marilyn Stowe’s Family Law & Divorce Blog included:Just another day in the family court - AB v CD (Surrogacy: Time Limit and Consent) and X v Y v St Bartholomew's Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent).Could we have online family courts? - As the Online Dispute Resolution Advisory Group of the Civil Justice Council believe.Another u-turn on legal aid - Public funding returns for DNA paternity testing.The courts are not in the business of…
 
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    Toronto Family Lawyer Blog

  • Interim Child Custody: Coe v Tope, 2014 ONSC 4002

    Andrew Feldstein
    27 Feb 2015 | 10:30 am
    This case addresses the issue of interim custody. Background The parties in this matter began cohabiting in 2000 and were married on September 5, 2004. The parties separated on July 19, 2013. There are two children of the marriage, aged five and three. On June 5, 2014, the Mother commenced an Application and subsequently brought a motion for custody and child support. The Court Ordered, on June 20, 2014, that the parties be granted shared custody. The Mother then commenced a Motion, thereafter, seeking sole custody with overnight access to the Father. Analysis The Court commenced its analysis…
  • Entering Videos as Evidence Regarding Child Access

    Andrew Feldstein
    20 Feb 2015 | 2:10 pm
    Scarlett v Farrell, 2014 ONCJ 517 This case addresses the issue of entering videos into evidence regarding the issue of child access. Background The Mother has sole custody of the parties’ seven year old daughter. The Father sought an Order granting him access to the child which was opposed by the Mother. The Father had not exercised access for approximately two and a half years. The Mother alleges that the child fears the Father due to an alleged sexual assault which was alleged to have occurred two and half years ago. As such, the Mother argued that such access was not in the child’s…
  • Catholic Children’s Aid Society of Toronto v L.(D.), 2014 ONCJ 587

    Andrew Feldstein
    17 Feb 2015 | 6:57 am
    This case addresses the issue of who is considered a parent within the meaning of the Child and Family Services Act. Background On June 4, 2014, the Society issued a protection application seeking a finding that the child was ion need of protection.  The Society sought a disposition that the child be made a society ward for six months, with access to the respondents to be in the society’s discretion.  The lone issue at this Motion was whether the Court could make the finding that the biological Father was not a parent of the child as defined by the Act.  The following facts were relevant…
  • Children’s Aid Society of Hamilton v R. (K.), 2014 ONSC 5982

    Andrew Feldstein
    9 Feb 2015 | 7:05 am
    Background This was a summary judgment motion brought by the Children’s Aid Society of Hamilton.  The Society was seeking an Order of Crown wardship with no access to the child M. (R.), born April 15, 2013.  K. (R.) is the mother of M.(R.).  The Society had concerns that the child was being exposed to domestic violence, that the mother had substance abuse issues, was not providing a home that was safe for the child and that she neglected the child. The child was apprehended by the Society in July 2013.  Further, from November 2013 onward, the Mother had been engaged in criminal activity…
  • Lifting an automatic stay pursuant to section 27 of the Children’s Law Reform Act

    Andrew Feldstein
    31 Jan 2015 | 11:41 am
    Zhong v Wang, 2014 ONCJ 487 This case addresses the issue of lifting an automatic stay pursuant to section 27 of the Children’s Law Reform Act. Background The parties were married in 1994.  The parties and the two children of the marriage moved to Canada on July 31, 2013.  Thereafter, the parties separated on January 19, 2014, following an assault by the Father on the Mother.  The Father has not seen the children since January 19, 2014.  On July 18, 2014 the Father pleaded guilty to the charges of assault and failure to comply with his recognizance (paragraph 7).  The Mother commenced…
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    Illinois Divorce Lawyer Blog

  • 27 Feb 2015 | 5:19 am

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

    16 Feb 2015 | 8:15 am
    In my work in Divorce and Custody Law, I have been involved, as well, with a number of Abuse and Neglect cases in Juvenile Court. Some of these cases arise out of an initial divorce filing, and a finding is made that there is active abuse or neglect occurring within a family environment. My law school alma mater, the University of San Diego, conducted a study that examined the efficacy of law intended to protect abused and neglected children. From the study: " Laws intended to protect children from abuse and neglect are not being properly enforced, and the federal government is to blame.
  • 9 Jan 2015 | 6:31 am

    9 Jan 2015 | 6:31 am
    As part of my law practice, I track interesting articles relating to BPD and NPD. My clients are often benefited by having some coaching about these disorders and the best strategies for dealing with high conflict and toxic spouses. Here's one article today from PsychCentral of interest: How are Complex Trauma and Borderline Personality Disorder Related? By Sara Staggs, LCSW, MPH " I’ll admit that when I hear that a client has borderline personality disorder (BPD), my first thought is, “Oh, this person is a trauma survivor of some sort.” And while not all people with poor emotion…
  • Divorce Loneliness during the Holidays: 10 Ways to Help

    22 Dec 2014 | 5:38 am
    I have written in the past during the holidays on the subject of creating new traditions; the idea is that during or after divorce, creating new activities and places to celebrate the holidays with yourself and the children, versus lamenting the loss of past traditions. Trading lamentation for adventure takes work, just as working oneself out of a sense of post-divorce loneliness during the holidays takes effort. I found this article on PsychCentral today on 10 ways to combat the sense of loneliness...this article may be particularly useful during these holiday periods for people going…
  • 6 Qualities of a Narcissist: Illinois Divorce Blog

    21 Dec 2014 | 8:55 am
    Kelly O'Brien is a Wellness Expert at MindBodyGreen, Freelance Writer for multiple publications including Wellness Revolution, Cafe Truth and a host of wellness chronicles. She shares some compelling insights about unhealthy narcissism in the context of relationships: " Most of us have been in a relationship with a narcissist. Perhaps you've been sucked in by a self-absorbed family member, a spouse, a boyfriend, a co-worker, or a friend. Perhaps you thought it was your fault when the narcissist left you feeling diminished and full of despair. The truth is, your only "fault" was getting…
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    Maryland Family Law

  • Divorce tips for women

    Heather Sunderman
    6 Feb 2015 | 7:23 am
    I was recently interviewed by Connie Donahue of Woman Around Town to give tips for women considering divorce. You can read the article here. I would appreciate any feedback you have. What advice has helped you in divorce or separation?
  • Is your child's college savings account marital property?

    Heather Sunderman
    9 Jan 2015 | 8:11 am
    Now that you and your spouse have created a college savings plan for your spouse, what would happen if you divorce or separate? In Maryland, marital property is determined by how the property was acquired, so if the account was funded during the marriage, with marital funds (like one’s salary) then it would be considered marital under Maryland law. However, it is extremely common (and is often my recommendation to my client) for the spouses to agree to keep that account for the benefit of the children. In the case of such an agreement, you may want to think about having procedures to ensure…
  • Saving for College

    Heather Sunderman
    8 Jan 2015 | 7:51 am
    Is saving for college your New Year's Resolution? Most parents would agree that saving money for their child’s education is important, but the biggest challenge is taking the first step. One easy way to start is with a 529 account, and Maryland’s College Savings Plan is worth checking out. There are potential state tax savings with such an account, and you can get started with as little as $25 per month. The Plan just released its annual report, showing overall investment growth of over 18%, and a fee reduction was recently announced. Maryland also offers a pre-paid plan, which is…
  • 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…
 
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    New York Personal Injury Lawyer Blog

  • CPLR 5015(a)(3) and (4)

    16 Mar 2015 | 2:46 pm
    The defendants, his brother, and his father were the principal shareholders of the corporate defendant. For several years prior to 1974 the corporation owned a restaurant in Staten Island, together with the real property upon which it was located. During this time, the brother had been the president and chief operating officer of the restaurant, while his brother defendant and his father apparently had not been actively involved in the business. Sometime in January 1974 the president of the plaintiff real estate broker, approached the brother to discuss a possible sale of the restaurant and…
  • Columbia University–New York Hospital

    27 Feb 2015 | 8:57 am
    In this birth injury action, Plaintiff claims that defendants deviated from good and accepted medical practice by failing to perform a cesarean section during his birth on December 10, 2003, and that this failure caused him to sustain a hypoxic event, which is responsible for expressive and language deficits and a developmental disorder that were diagnosed when he was about 4 1/2 years old. A Bronx County Injury attorney said that the court granted defendants' motion for summary judgment primarily on the ground that expert evidence disclosed that no hypoxic event occurred during plaintiff's…
  • CPLR §2221 and 4404(a) ...cont

    25 Feb 2015 | 2:14 pm
    The jury's failure to award damages for past pain and suffering that adequately compensates plaintiff for the pain and suffering and loss of enjoyment of life she experienced from the date of the accident to the date when the jury rendered its verdict, which covered a period of approximately six years, constitutes substantial injustice. In addition, the evidence presented by him regarding the permanency of her medical condition was not challenged by medical testimony offered by defendant disputing the permanency of her condition. Therefore, this court also finds that the failure to award…
  • CPLR §2221 and 4404(a) ...cont

    22 Feb 2015 | 2:09 pm
    The Board also recognized the potential danger to teachers and employees such as plaintiff by limiting class sizes to no more than twelve (12) students who exhibited adverse social tendencies such as engaging in physical assaults. The presence of a security guard in the cafeteria, the site of the initial physical engagement between the two students, one of whom was part of the twelve students assigned to the calss teacher clearly is a recognition by the Board that inaction could lead to harm to teachers and plaintiff. However, no guard was present in the cafeteria where the student remained…
  • CPLR §2221 and 4404(a) ...cont

    19 Feb 2015 | 2:05 pm
    A Bronx Personal Injury Lawyer said that, it is undisputed that plaintiff commenced having seizures which she testified never occurred before the incident involving the altercation between the two students at the school where she worked as a psychologist. Zimmerman also sought treatment at Westchester Medical Center and later commenced treatment with a neurologist to relieve her seizures. Later, because her seizures continued, she consulted with the doctor, at Columbia University, as a result of developing gastrointestinal problems attributable to medications to control her seizures which…
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    New Hampshire Family Law Blog

  • Lessons from the Superbowl on Co-Parenting

    Kysa Crusco
    10 Feb 2015 | 6:48 pm
    A court will look to many factors under RSA 461-A:6 when making an initial determination of parental rights and responsibilities. Provided that each parent is capable of providing a safe, loving home, one of the most important factors that will be considered is the ability of each parent to support the relationship of the children with the other parent. Three specific factors under the statute read: "The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, including…
  • Spenard: Voluntary Unemployment, Financial Affidavits and Post-Trial Evidence

    Kysa Crusco
    15 Jan 2015 | 7:24 pm
    In the Matter of Susan Spenard and David Spenard was decided on October 17, 2014 The Facts Husband and Wife married in 1998. During the marriage the Husband worked in real estate and owned several businesses and the Wife worked as an entertainer. Before the parties’ divorce decree was issued, the Husband sold a promissory note that he had failed to disclose on his financial affidavit. During the divorce trial, the Wife argued that she could no longer work at all due to medical issues. She failed to present any expert testimony to back up her claim, however, and the Court found that she…
  • Courthouse Divorce File: What's Private?

    Kysa Crusco
    14 Oct 2014 | 8:25 pm
    “All human beings have three lives: public, private, and secret.”  ― Gabriel Garcí­a Márquez, Gabriel García Márquez: a Life The public thirsts for gossip, apparent in websites like TMZ and Perz Hilton. Celebrity splits are big news such as Tom Cruise and Katie Holmes to Mariah Carey and Nick Cannon. While most of us do not enjoy celebrity status, the small town rumor mill can be just as virulent as celebrity gossip. Divorce litigants should beware the rules regarding public access to their divorce file. Anyone can head down to the local…
  • Maves and Moore: What Constitutes Income for Child Support Purposes?

    Kysa Crusco
    22 Sep 2014 | 7:26 pm
    The New Hampshire Supreme Court issued in the Matter of Janice E. Maves and David L. Moore on August 14, 2014 The Facts Husband and Wife divorced in 2004.  At the time of the divorce, Husband was awarded the parties’ Farm, which was initially used as a commercial campground and contained condos that were rented seasonally. The Farm was an S-type corporation, with Husband as primary shareholder.  At the time of the divorce, Husband was ordered to pay $650 per month in child support for their only child, which was increased to $950 in 2008.  The parents shared…
  • In Re Serodio and Perkins: You May Enforce a Prenup without a Copy of the Prenup

    Kysa Crusco
    8 Sep 2014 | 9:00 am
    In the Matter of Cheryl Serodio and Arthur Perkins: Existence of Prenuptial Agreements can be proven without providing the written, executed agreement. The New Hampshire Supreme Court issued its opinion on August 22, 2014. The Facts Wife filed for divorce from Husband in 2010.  In 2011, Husband filed a motion to have a prenuptial agreement enforced.  Husband did not present the family court with a copy of the agreement with Wife’s signature, because he alleged that Wife held the sole, signed copy, and she had lost it. Wife filed a motion to dismiss…
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    Dads Divorce » Articles

  • The Forgotten Victim Of Domestic Violence

    Shawn Garrison
    26 Feb 2015 | 1:30 pm
    The issue of domestic violence is currently front and center in the national media. You’d be hard-pressed to find a more hot-button topic in popular culture. Efforts to draw attention to and stop domestic violence should be applauded. Nationwide, three or more women are murdered every day by a former male partner and 35 percent of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence. However, women are almost always portrayed as the victims when discussing domestic abuse. While 85 percent of victims are women, it is…
  • DadsDivorce LIVE: Child Support In Indiana

    Shawn Garrison
    25 Feb 2015 | 2:04 pm
    The flaws of the modern child-support system have been covered extensively on DadsDivorce.com. Now, many of those shortcomings have come to light in Indiana thanks to a series produced by WRTV-Indianapolis investigative reporter Kara Kenney. Ms. Kenney recently produced a series of stories examining the child-support system in Indiana. Initially, the series focused on deadbeat dads failing to make payments, but Ms. Kenney soon heard from numerous well-intentioned parents, including veterans, who were sincerely trying to make their payments but struggling to do so. The child-support system is…
  • The No-Fault/Fault-Based Divorce Debate

    Shawn Garrison
    24 Feb 2015 | 1:30 pm
    South Dakota lawmakers are currently reviewing House Bill 1221, which would implement unilateral no-fault divorce in the state. If passed, Mississippi would be the only remaining state in the country without unilateral no-fault divorces. Despite the move over the last 50-plus years toward no-fault divorce, there has been a significant push recently to make obtaining a divorce more difficult. Many stereotypes and misconceptions permeate family law statutes and the fault-based/no-fault divorce argument is no different. So let’s analyze the debate by looking at how the laws have evolved over…
  • How A Missing Spouse Can Terminate Your Parental Rights

    Shawn Garrison
    23 Feb 2015 | 10:13 am
    Question: I divorced my ex-wife wife years ago and our divorce agreement calls for 50-50 shared custody. However, she has disappeared and took our kids with her. I don’t know how to find her but I think some of my family members might be in touch with her. What should I do? I’m desperate to see my boys. Answer: Utah divorce attorney Dena L. Morgan 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 provide you with general information concerning parent time and visitation. This is a common problem that a lot of…
  • Making Child Support Payments Outside The Clearinghouse

    Shawn Garrison
    22 Feb 2015 | 4:00 am
    Question: I have been paying child support to my ex-wife, but not through the clearinghouse because they had my employer information wrong. Will the money I’ve paid still count toward my support? Answer: Miami divorce lawyer Christina Lapadula While I am not licensed to practice law in your state, I can give you some general guidance on this issue. If a court orders you to pay child support through the clearinghouse, or some other system that receives and records the support payments, then your payments should be made as ordered by the court. States have different systems but they usually…
 
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    Alabama Divorce & Family Law Attorney Blog

  • After Your Alabama Divorce, Divide Your Estate Plans Too

    Steven Eversole
    28 Feb 2015 | 7:44 am
    After matters of child support, child custody, spousal support and division of marital property and debt have been settled, it’s understandable newly-divorced couples just want to put it all behind them. However, they may be in for an unpleasant surprise if they don’t attend to estate matters immediately following the divorce. While the divorce order itself can end or establish certain payments or obligations, estate planning could be an important next step. Failure to do this could potentially result in certain benefits or assets being funneled unintentionally to your ex-spouse…
  • Report: Facebook Cited in One-Third of All Divorces

    Steven Eversole
    27 Feb 2015 | 6:41 am
    The whole idea of Facebook and other social media websites is to bring folks together. However, it seems with increasing frequency, social networking is serving to drive people apart – specifically, married couples. According to a new British survey, Facebook has been linked to 33 percent of all divorces, which is an increase from a 2009 study indicating the networking site was central to 1-in-5 divorce filings. Another study, conducted in 2013 by researchers with the University of Missouri, found people who use the site excessively are more likely to experience conflict with their…
  • Ray v. Ray – Alabama Civil Appeals Court Reverses Alimony Finding

    Steven Eversole
    24 Feb 2015 | 6:59 am
    Alimony payments are those made by one divorced spouse to another either during the divorce process or after the divorce. It’s sometimes referred to as a “spousal allowance” or “spousal maintenance.” Where once alimony was the standard in divorce proceedings, with the husband required to pay the wife, that has changed. Women have not only increasingly entered the work force but in some cases have incomes that far exceed their spouses. Securing alimony payments requires very specific findings, and is usually temporary, applied to long-time married couples and…
  • C.E. v. M.G. – Alabama Civil Court Reviews Custody Dispute With Abuse Allegations

    Steven Eversole
    21 Feb 2015 | 6:38 am
    There is perhaps no more serious allegation between parents warring for child custody than abuse of that child. It’s one in which the courts take very seriously, and the top priority is always the best interests of the child. In the recent case of C.E. v. M.G., the Alabama Court of Civil Appeals reviewed the petition filed by a child’s mother seeking a writ of mandamus compelling the lower court to vacate an earlier judgment awarding temporary custody of child to father. Central to the juvenile court’s findings were allegations of abuse and neglect made by father against…
  • McDaniel v. McDaniel – High-Conflict Divorce Weighed by Alabama Civil Appeals Court

    Steven Eversole
    15 Feb 2015 | 6:32 am
    Few divorces are totally amicable. After all, couples who are separating tend to have good reason for it. But when divorces are high-conflict, disputes can be drawn-out, emotionally exhausting and expensive. This is why we tend to advocate when possible for mediated resolutions later formalized by court order. Your attorney still advocates for you during this process. It’s just not all heard in court before a judge. However, we do recognize there are some cases in which that level of cooperation is virtually impossible. Our clients know we are dedicated to fighting for their best…
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    Domestic Diversions

  • when No is better than Yes

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

    David C. Sarnacki
    4 Jan 2015 | 7:41 am
    On Being reminds us “why it’s such an outrageous blessing to have the opportunity to choose our friends.” Courtney E. Martin writes (excerpt): So now that the family circus is over for another season and you’re turning your attention to the beginning of a new year, consider this for a resolution: become a fierce talent scout of [...]
  • 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.”
 
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    NJ Family Issues

  • Age or race discrimination

    PaulKostro
    18 Feb 2015 | 3:28 am
    Law Lessons from DeMoss v. The Arc of Somerset County, App. Div., No. A-2927-13T4, February 17, 2015: New Jersey courts rely on the burden-shifting test developed in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S. Ct. 1817, 1824, 36 L. Ed. 2d 668, 677-78 (1973), and its progeny, in assessing a claim based on age or race discrimination. See Zive v. Stanley Roberts, Inc., 182 N.J. 436, 447 (2005); Clowes v. Terminix Int’l, Inc., 109 N.J. 575, 595-96 (1988). Specifically, to establish a prima facie case of age or race discrimination in the termination of employment, a plaintiff…
  • Both the Age Discrimination in Employment Act (ADEA) and the New Jersey Law Against Discrimination (LAD) ban employment discrimination on the basis of age, although the ADEA limits the protected class to those forty and older

    PaulKostro
    17 Feb 2015 | 3:20 am
    Law Lessons from Venegas v. Cosmetic Essence LLC, App. Div., No. A-4634-13T1, February 13, 2015: In order to prove a discriminatory discharge claim by indirect evidence under the familiar burden-shifting analysis of McDonnell Douglas Corp. v. Green 411 U.S. 792, 802, 93 S. Ct. 1817, 1824, 36 L. Ed. 2d 668, 677 (1973), a plaintiff’s prima facie case consists generally of demonstrating: (1) he is in the protected group; (2) he was performing his job at the time of the discharge; (3) he nevertheless was fired; and (4) the employer sought someone to perform the same work after he left. Zive…
  • Our Court Rules are designed to promote the efficient administration of justice and the disposition of cases on their merits, not on procedural niceties

    PaulKostro
    17 Feb 2015 | 3:19 am
    Law Lessons from Block v. Block, App. Div., No. A-1495-13T3, February 13, 2015: Our Court Rules are designed to promote the efficient administration of justice and the disposition of cases on their merits, not on procedural niceties. R. 1:1-2. As the Supreme Court has said, the Rules “should not in themselves be the source of any extensive litigation; they should be subordinated to their true role, i.e., simply a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits.” Handelman v. Handelman, 17 N.J. 1, 10 (1954); see also…
  • A settlement agreement is subject to the ordinary principles of contract law

    PaulKostro
    17 Feb 2015 | 3:18 am
    Law Lessons from Robert J. Pacilli Homes, LLC v. Pilesgrove Township Planning Board, App. Div., Nos. A-3942-12T3, A-3943-12T3, February 13, 2015: “`Settlement of litigation ranks high in our public policy.'” Nolan v. Lee Ho, 120 N.J. 465, 472 (1990) (quoting Jannarone v. W.T. Co., 65 N.J. Super. 472, 476 (App. Div.), certif. denied, 35 N.J. 61 (1961)). “Public policy favors the settlement of disputes.” Willingboro Mall, Ltd. v. 240/242 Franklin Ave., L.L.C., 215 N.J. 242, 253 (2013). In furtherance of the strong policy of enforcing settlements, “our courts…
  • Failure to provide fully responsive discovery

    PaulKostro
    13 Feb 2015 | 1:17 pm
    Law Lessons from Mitchell v. Mitchell, App. Div., No. A-2330-11T1, February 12, 2015: When a party moves for suppression with prejudice, the motion shall be granted “unless a motion to vacate the previously entered order of dismissal or suppression without prejudice has been filed by the delinquent party and either the demanded and fully responsive discovery has been provided or exceptional circumstances are demonstrated.” R. 4:23-5(a)(2). The standard applicable to defeat the motion is extraordinary circumstances, not merely good cause. Pressler & Verniero, Current N.J.
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    Pennsylvania Family Law

  • PROPOSED NEW LAW CLOSES CUSTODY LOOPHOLE FOR CHILDREN CONCEIVED BY RAPE

    Aaron Weems
    22 Feb 2015 | 10:06 am
    Pennsylvania’s child custody code requires the submission of a criminal record and abuse history affidavit which is designed to identify whether a party to a custody action or a member of their household has been accused or convicted of a criminal offense. The crimes are almost all violent crimes or crimes of a sexual nature such as rape, luring, exploitation and other offenses. Obviously, the existence of these crimes in a parent’s background can have a significant effect on their custodial situation. A loophole, however, existed which will hopefully be put to an end by a bill introduced…
  • AN HOUR ON THE TEENAGE BRAIN

    Mark Ashton
    29 Jan 2015 | 1:21 pm
    The January 28 edition of Terry Gross’ Fresh Air distributed by National Public Radio featured an interview with the chair of the University of Pennsylvania Neurology Department, Frances Jensen. The subject was a relatively in depth discussion of the teenage brain. At one level a lot of this is news that has been available. The front of the brain, where judgment is processed, is a part that does not really fully develop until an adult enters his or her early 20s. But Jensen’s interview reveals more than the sound bites that we have become used to accepting as substantive information. I…
  • EVIDENCE OF MISTAKEN IDENTITY REVERSES SUPPORT ORDER

    Aaron Weems
    29 Jan 2015 | 12:16 pm
    Enforcing out of state support orders is controlled by the Interstate Family Support Act (23 Pa.C.S.A. § 8101 et al.  It may seem like the most obvious of steps, but imperative in successfully obtaining and enforcing a support order is correctly identifying the individual subject to the support order. Such was the case in Worley v. Effler in which a fourteen year old North Carolina child support order was registered in Centre County, Pennsylvania for the purposes of enforcement. The matter was heard by the Superior Court on the basis that the trial court did not adequately allow the…
  • IT TURNS OUT THE STATUTE OF LIMITATIONS DOES AFFECT DIVORCE AGREEMENTS.

    Mark Ashton
    26 Jan 2015 | 7:38 am
    A panel decision of the Pennsylvania Superior Court on December 23, 2014 informs us that despite recent decisions refusing statute of limitation defenses in actions to enforce property settlement agreements, the defense still lives. It comes down to the nature of the obligation for which enforcement is sought. We start with the older cases. In a 2006 decision Crispo v. Crispo, 909 A.2d 308 (Pa. Super, 2006) the parties concluded their property agreement in 1995. In 2004 Wife sued to enforce the agreement and after a hearing at which Husband asserted the statute of limitations as a defense…
  • THE COMPLEXITIES OF VALUING SMALL BUSINESSES

    Mark Ashton
    9 Jan 2015 | 1:42 pm
    We have recently been working with a client married to a “sophisticated investor.” When we cracked open the documents telling us what Mr. Investor owned, we found a succession of limited partnerships not one of which offered us any information from which we could begin in ascertain value. Meanwhile, there were eight of these and one formed the impression at the outset that the investments were heavily weighted towards newly formed businesses.  Valuing any closely held business is a challenge.The typical approaches employed to do this involve measuring the stream of income or cash flow…
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    Rochester Family Lawyer

  • Enforceability of Prenuptial Agreements

    alexkorotkin
    1 Mar 2015 | 1:29 pm
    Prenuptial agreements can be used to resolve issues related to spousal maintenance, equitable distribution, and other issues that may come up in the event the parties decide to divorce. While I have previously written about different issues involving validity and enforceability of prenuptial agreements, and how the courts would analyze them, a recent case raised an issue of what happens to the prenuptial agreement if a claim is made that the parties verbally agreed to revoke it. In Braha v. Braha, 45 Misc 3d 1211(A) (Sup Ct. Kings Co. 2014), the wife claimed that the parties agreed to revoke…
  • Constructive Emancipation and the Child’s Conduct

    alexkorotkin
    8 Feb 2015 | 7:07 pm
    I have previously written about constructive emancipation issue and also addresses some of the applicable law in another post.  Generally, a child can become emancipated through his actions when the child either refuses to have contact with the parent or voluntarily abandon’s parent’s home. However, what happens when a child engages in abusive conduct directed toward the non-residential parent? In a recent decision, Cornell v. Cornell, 2015 NY Slip Op 25030 (Sup. Ct. Monroe Co. 2015), the court held that where a child’s conduct directed at the parent is abusive and…
  • Duration of Residency in New York as Prerequisite to Divorce Action

    alexkorotkin
    18 Jan 2015 | 7:04 pm
    In order to have a valid divorce action in New York, certain residential requirements have to be satisfied. Domestic Relations Law §230 requires that: 1. You and your spouse were married in New York, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately before the commencement of the divorce action; 2. You and your spouse have resided in New York as husband and wife, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for…
  • Statement That Marriage Was Irretrievably Broken Is Sufficient to Establish Cause of Action For Divorce

    alexkorotkin
    4 Jan 2015 | 6:03 pm
    I have previously written about the issues associated with the grounds for divorce under the no-fault statute (Domestic Relations Law §170(7)). Prior decisions associated with issue were trial level decisions and, therefore, there were subject to potentially different result after appellate review. Now, there is some finality to this issue. Two recent appellate decision held specifically that a statement under oath that the marriage was irretrievably broken for a period of six months or longer was sufficient to establish a cause of action under Domestic Relations Law §170(7). In Trbovich v.
  • Credit for Payments Made to Satisfy the Other Spouse’s Legal Obligations

    alexkorotkin
    25 Oct 2014 | 6:14 pm
    It is common for parties to make payments on their debts while their divorce action is pending.  Generally, each party is responsible for their own debts incurred after commencement of the divorce action, and, most of the time, the parties are jointly liable on any marital debt that preceded commencement of the divorce action. However, there are situations where one party is forced to make payment for the debts owed by the other party. Thus, it is important to know if one spouse pays for the other spouse’s legal obligations, does that spouse receive a credit for those payments? In…
 
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • Divorce Mediation Can Help During Tax Season

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

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

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

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

  • Florida Alimony Award too Low to Allow Wife to Maintain Lifestyle Enjoyed During Marriage

    25 Feb 2015 | 9:18 am
    A Florida trial court's award of alimony to a wife was thrown out recently by the 2d District Court of Appeal for being too low. The appeals court concluded that the trial court's outcome, if put into action, would leave too great a disparity between the ex-spouses and would force the wife into a lifestyle below that which she enjoyed during the couple's marriage. Jean and Michael Juchnowicz decided to end their 28-year marriage in 2011. Although the wife had a master's degree and had been the primary earner through much of the marriage, her job at the time of the divorce paid only $29,000…
  • Father's Failure to Return Daughter to Florida on Time Allows for Alteration of Parenting Plan

    18 Feb 2015 | 12:54 pm
    Following time-sharing schedules can sometimes be complicated, especially when timesharing involves a child who is old enough to have a desire to assert her own self-control over where she lives. Even when faced with a child who does not want to return to the home of your ex-spouse, it is important to note that failure to follow court-ordered dates for returning a child to Florida from outside the state (or country) can have damaging impacts on your custody rights. In case recently decided by the 5th District Court of Appeal, that court ruled that an emergency order granting custody to a…
  • How to Obtain a Custody Modification in Florida

    11 Feb 2015 | 9:06 am
    The implementation of a parenting plan hopefully represents the culmination of a collaborative process to create an outcome in the best interests of the children involved. Sometimes, though, circumstances change, and those changes may trigger the need for a modification of the plan. When they do, the Florida Statutes have some specific requirements regarding what must be established in order to modify a custody arrangement, especially if that modification involves stripping one parent of all decision-making authority. A recent example of this in the 5th District Court of Appeal was the…
  • South Florida Political Consultant Convinces Court 2012 Income Was an Anomaly

    4 Feb 2015 | 9:29 am
    In child support matters, there are certain issues that can be murky and complicated to ascertain, such as identifying when a change of circumstances has occurred that is significant enough to warrant a modification of a payor parent's child support amount. While identifying the payor spouse's income for purposes of calculating child support might seem like an easier task, this is not always the case, especially when the payor spouse's income includes irregular but large bonuses. This was the case in a legal battle in the 4th District Court of Appeal between a political consultant and his…
  • Father Required to Pay Interest on Arrearage Before Child Support Case Can Be Closed

    26 Jan 2015 | 8:26 am
    A couple's long-running legal battle over child support will run a while longer, as the 3d District Court of Appeal reversed a lower court ruling that would have closed the case. The appeals court instead sent the case back, ruling that the trial court should have heard additional evidence, and issued an award, regarding the interest that accrued on the father's support arrearage from the time the court issued an order in April 2010 until the husband paid off the pre-interest balance in August 2012. The issue of child support following the divorce of Nivia and Albert Lascaibar was a…
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    Ohio Family Law Blog

  • FOMO: Does it Impact Decisions to File for Divorce?

    Guest Contributor Donna F. Ferber, LPC, LADC
    28 Feb 2015 | 12:00 am
    The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life Technology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product. Electronic communication has also introduced us to a wave of new acronyms. LOL, ROFL, OMG, BRB were sprinkled through our e-mail and now are a standard in texting. Those initialisms (another new word I recently learned) have…
  • Divorce Representation Without A Lawyer On The Rise

    Robert L. Mues
    21 Feb 2015 | 1:24 am
    Representing Yourself in a Divorce? No Way! Why Retaining Legal Counsel Is Worth It! Courtrooms all across the country are seeing an increase in the number of unrepresented parties on their dockets.  Whether it’s due to the failing economy, the rise in popularity of television shows such as “Judge Judy” which encourage the legal “do it yourself” attitude, or perhaps the belief that the courts will take it easy on those who represent themselves…the amount of people trying to navigate their way through the legal system without a lawyer is on the rise. While it is easy, (and perhaps…
  • Here’s What Functioning Marriages Have in Common

    Guest Contributor Gregory Ramey, PhD, Child Psychologist and Dayton Daily News Columnist
    14 Feb 2015 | 1:25 am
    I’m often asked if it’s difficult being a psychologist and listening to kids’ problems all day. I enjoy that part of the job, because it’s fun helping young people make positive changes. It’s a lot tougher listening to parents discuss their troubled marriages. These are often narratives of lives of quiet desperation and unfulfilled dreams. Here’s what great marriages have in common. Communicate. Partners in great relationships freely talk about their hopes, feelings, fears and dreams. They are responsive to their spouse’s styles and adjust accordingly. When problems occur, they…
  • Military Custody Law Update For Deployed Members

    Thomas G. Kopacz
    7 Feb 2015 | 1:05 am
    Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened. In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS:…
  • Revenge Porn Laws Enacted In Many States Except Ohio

    Robert L. Mues
    31 Jan 2015 | 12:56 am
    Groups Push To Outlaw Revenge Porn Facebook Hit With Civil Lawsuit Over Revenge Porn In today’s ever connected world, what was once private often becomes public. Most individuals almost certainly have a smart phone camera or tablet device with a camera at their fingertips at any time.  This increase in accessibility coupled with the desire to photograph anything and everything has turned often daily tasks into internet posts.  This is all well and fun when it comes to photographing your dinner, your adventures and travels, and most often, your pets. Things can turn ugly though when this…
 
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    NJ Family Legal Blog

  • CUSTODY WITH PSYCHOLOGICAL PARENT DEEMED IN CHILD’S BEST INTERESTS OVER FIT BIOLOGICAL PARENT

    Robert A. Epstein
    17 Feb 2015 | 5:38 am
    Custody disputes are often an emotionally trying process where litigants are advocating for what they deem to be in the best interests of the child caught in the middle.  Even with the opinion of a custodial expert and months, if not years of litigation, the decision is a difficult one for a trial judge to make. A custody dispute between two fit parents requires a court to determine the issue of custody based on the best interests of the child.  When the dispute is between a fit parent and a third party, however, only the “fit parent is presumed to be entitled to custody,”…
  • VALENTINE’S DAY – A TIME FOR LOVE, LAUGHS, AND DIVORCE??

    Robert A. Epstein
    11 Feb 2015 | 5:25 am
    It is that time of year – snow is on the ground (at least here in Jersey), the temperatures are bone chilling, football is over, many women are already lining up to see Fifty Shades of Grey and what else?  Oh right, Valentine’s Day, where men scramble for the perfect gift, the ideal box of chocolates, and something inspirational in a card to say other than “Happy Valentine’s Day.” I was reading a list of the top Valentine’s Songs the other day and “Endless Love” topped the list.  If you are going through a divorce or are already divorced,…
  • WE CAN DO THIS THE EASY WAY OR THE HARD WAY

    Eric S. Solotoff
    11 Feb 2015 | 1:49 am
    “We can do this the easy way or the hard way.”  I tried finding the movie that this saying came from but it is in many.  For better or worse, this saying has become a recent mantra of mine – and not just with my kids.  In practice, I often tell this to clients and what it means, if the other side wants to resolve things (a particular issue or the entire case, if possible) in a reasonable and expeditious manner, we can do that.  On the other hand, if they insist on being reasonable, we can do that too.  Don’t get me wrong, sometimes/often you have to fight if not…
  • WHEN LESS THAN THE FULL AMOUNT IS PAID, WHO GETS TO DECIDE WHETHER IT WAS ALIMONY OR CHILD SUPPORT?

    Eric S. Solotoff
    10 Feb 2015 | 1:59 pm
    What happens when a support obligor shorts his alimony and child support payments and then tax time comes around?  Of course, since alimony is deductible to the payor, he/she is likely to want to claim that most or all of the payments were alimony in order to get the deduction.  Inevitably, if the recipient doesn’t report the same amount as alimony on her tax returns, then the IRS will inevitably kick both tax returns. This was exactly the issue in Joseph L. Becker, TC Summ. Op. 2015-2 (Tax Ct.), a recent United States Tax Court opinion emanating from California.  In that case, the…
  • THE PERILS OF NEGOTIATING THE EQUITABLE DISTRIBUTION OF A PENSION

    Robert A. Epstein
    5 Feb 2015 | 3:08 pm
    As matrimonial lawyers, we often come across cases involving a pension that is subject to equitable distribution.  While New Jersey’s equitable distribution statute involves several factors for consideration in dividing assets, the most common way by which a pension is divided is, in legal speak, “50/50 of the marital portion.”  On its face, that seems easy enough, right?  The Order that is required to divide the pension, usually known as a Qualified Domestic Relations Order (QDRO), however, contains so many paragraphs of technical language that litigants generally assume…
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    Iowa Law Blog

  • Wait! Don't Fire The Employee With A Really Sick Child!

    Liz Overton
    3 Feb 2015 | 2:02 pm
    At least not before checking with your attorney. An interesting case from the Northern District of Iowa was recently brought to my attention.  Although no final disposition of the case occurred due to parties resolving the matter out of court, the facts and issues are important enough to bring to the forefront.  The facts are derived from the company’s motion for summary judgment and the former employee’s response to that motion: Myers worked for Hog Slat, Inc. as a salesperson for 15 years before being abruptly terminated in January of 2013.  He had a sparkling…
  • Tax Deductions for Legal Fees in a Divorce

    Samantha Gronewald
    19 Jan 2015 | 8:33 am
    In general, the Internal Revenue Code allows for a deduction of reasonable and necessary expenses incurred in the production of taxable income.  This may entitle you to a deduction of some of the legal fees paid in pursuit of post-separation support, alimony, taxable pension or annuity payments and other tax advice in connection with a divorce.  You should consult with a tax professional for advice on whether or not your legal fee payments are deductable.   
  • Non-Competes and Office Romances

    Liz Overton
    29 Dec 2014 | 9:20 am
    Over the holiday, the Court of Appeals issued a couple of employment-related decisions regarding situations that often come up. Non-Compete Agreements/Competition with Former Employer In Curry’s Transportation Services, Inc. v. Dotson et al., the Court of Appeals addressed the enforceability of a non-compete and competition with a former employee.  Since I want to address two cases in this post, I’m going to give the cliff notes rather than dissect the whole case.  Non-compete agreements are unenforceable if they are unnecessary to protect the business interest. …
  • An Employer's Responsibility when Domestic Violence Invades the Workplace

    Liz Overton
    17 Oct 2014 | 3:42 pm
     In the wake of domestic violence charges against NFL players and the public’s outrage at the NFL’s response as a business owner you may be thinking how you might respond when faced with an employee charged with domestic violence or an employee who is a victim of domestic violence.  Or maybe you believe domestic violence does not affect your workforce. According to an article published by the ABA, one out of every four women will be a victim of domestic violence.  Additionally, almost 50% of employed victims of domestic violence report that they lost their jobs due…
  • The Best Lawyers in America: Mark Landa

    Samantha Gronewald
    29 Aug 2014 | 1:15 pm
    Mark Landa has been selected to be included in the 21st Edition of the The Best Lawyers in America for his work in the practice area of Environmental Law.  Inclusion in Best Lawyers is based on a peer-review survey comprising more than 5.5 million confidential evaluations by top attorneys.  Mark has been included in Best Lawyers every year for over a decade.  Congratulations, Mark!
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    Colorado Springs Divorce Attorney Blog

  • COMMON LAW MARRIAGE: YOU DIDN’T OFFICIALLY SAY “I DO”, BUT DID YOU?

    Gasper Law Group
    28 Feb 2015 | 11:08 am
    By Christopher M. Nicolaysen Attorney At Law The Gasper Law Group, PLLC The State of Colorado recognizes marriages in two ways. The first way is getting married in such a way that you meet all of the statutory requirements for marriage. The second way is by meeting the requirements for common law marriage. Thus, Colorado does recognize common law marriage. Many myths exist as to what the requirements are to be common law married. One myth is that the parties must cohabitate for a certain number of years or certain amount of time. Under Colorado law, there is no set amount of years or time…
  • When Is a Civil Union Not a Marriage? When You’re Trying to Get Divorced!

    Gasper Law Group
    10 Nov 2014 | 9:56 am
    By Carrie E. Kelly Managing Attorney, Domestic Relations Division The Gasper Law Group, PLLC When Colorado began allowing same sex couples to enter into a civil union, there was a general attempt to extend similar benefits and protections to same sex couples that extended to married couples, but there was a fairly significant and perhaps unanticipated gap: the right to get divorced. The Colorado courts were allowed to issue a “Dissolution of Civil Union,” but not a “Dissolution of Marriage.” And for most intents and purposes this was enough, but for military members and their partners…
  • Divorce – Child Support In Colorado

    Gasper Law Group
    24 Sep 2014 | 7:10 am
    By Jennifer L. Hochstein Attorney At Law The Gasper Law Group, PLLC CHILD SUPPORT The basic determination of child support is based upon a guideline which uses the parents’ combined adjusted gross income. The purpose of looking at the parents’ combined gross income is to determine how funds would have been allocated to the children if the parents and children were living in an intact household. In addition to looking at the parents’ gross income there are other considerations that can be included on the child support worksheet which ultimately affect the child support award. The biggest…
  • Time flies when you’re getting divorced: how long will your divorce actually take?

    Gasper Law Group
    19 Jun 2014 | 9:16 am
    By Brandon A. Prenger, Attorney The Gasper Law Group, PLLC One of the most commonly asked questions concerning a divorce is “how soon can I be divorced?” Everyone has heard the horror stories of a divorce that drags out for years. Even so, most people expect it to be a matter of weeks after the papers are filed before they are free, single and ready to mingle. Who decides how long a divorce takes? Is there anything you can do to help speed the process up? What are the factors that govern how soon a divorce is over? First and foremost, there is a statutory waiting period. If the parties…
  • MEDIATION – WHAT YOU NEED TO KNOW

    Gasper Law Group
    13 Jun 2014 | 6:28 am
    By Jennifer L. Hochstein, Attorney The Gasper Law Group, PLLC What is the purpose of mediation? During the process of a divorce proceeding or allocation of parental responsibilities parties are required to participate in mediation prior to attending a contested final orders hearing. Parties may also be required to mediate due to post decree issues, such as a modification of parenting time or if a contempt is filed. Some parties may agree at the time of their divorce that any future issues must be mediated first prior to either party filing a Motion with the Court. There are few exceptions to…
 
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    Pink Tape

  • Bunch of fools(cap)

    familoo
    28 Feb 2015 | 3:15 pm
    I’m feeling like a bad girl. I’m feeling like I’ve just come out of one of those school assemblies where the Head gives the whole school an earful because someone has set off the fire alarm for the third time this week. Yes, I’m feeling like a delinquent. Last week we had Re A, and it was all about forensic rigour : The first is that the local authority, if its case is challenged on some factual point, must adduce proper evidence to establish what it seeks to prove. Much material to be found in local authority case records or social work chronologies is hearsay, often…
  • Mum forced to write to childrens’ dad in prison

    familoo
    22 Feb 2015 | 4:03 pm
    Most of the tabloid press have reported extensively on this story of a mum who had her throat slit by her ex and who is said to face jail if she doesn’t write to him in prison. All of the reports I have seen identify the adults by name and give the general location of where the mother is or was living. Some of them identify the children by name, and some by photos. I find myself in the unusual position of linking to the Daily Mail coverage which is the only report I can find which does not identify the children by name or show their faces : “Mother who was tortured for seven hours…
  • Show Me The Primary Evidence

    familoo
    17 Feb 2015 | 3:52 pm
    Or so I often say to local authorities (although I say it nicer than that). But often, parents – including my own clients from time to time – having instinctively grasped the best evidence principle (apparently better than some social workers), struggle then to understand why they are either prevented from gathering their own “best evidence” or from relying upon it. I am talking about the antidote to the age old “he said” / “she said” : the audio recording. Now any family lawyer will tell you that their heart sinks when a client gets out a…
  • Newsflash – Family Justice System Fixed

    familoo
    17 Feb 2015 | 6:41 am
    Well, one of a number of hull breaches has been repaired anyways. That is, the DNA testing pilot that has been running here in Bristol will be rolled out nationally from September. Yay! Small trumpets. It would have been two trumpets and a cymbal if the drug and alcohol testing pilot were also going to be rolled out, but in fact that is subject to further pfaffing (there will be a further pilot). That is disappointing – it is frankly a no-brainer that it should be rolled out. Alcohol and drug testing is a block to progress in far more cases than paternity. No mention of where the money…
  • Yes, the cat HAS got my tongue, since you ask.

    familoo
    12 Feb 2015 | 2:44 pm
    Actually, the only thing my cat has is fleas. Cat sized ones. But yes, I have been uncharacteristically silent on the blogging front. I am so concerned that I might lose my blogging mojo if I don’t write something soon that here I am. Just. I have a whole to do list of blogs I’m desperate to write. Right now though I’m practically nodding off, face in keyboard, so you just get the list of things I might write if I ever have the time : audio-recording social work and CAFCASS interviews with parents – why not? human rights act damages claims recent cases –…
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    Maryland Divorce Legal Crier

  • Breakup Songs We Wish We’d Written

    James J. Gross
    20 Feb 2015 | 6:52 am
    Gone by Rip Chords (1963) [SPOKEN] We’ve been going steady And you’ve been making me cry Now it’s your turn, baby So I’m saying bye-bye [CAR ENGINE SOUND] Gone, gone, gone My baby’s gone, gone, gone Yes, she’s gone (gone, gone, gone) Yes, she’s gone (gone, gone, gone) Whoa, she’s gone Oh yeah, she’s gone, gone, gone My baby’s gone, gone, gone Where’d she go I wanna know Oh tell me why She said bye-bye And made me cry I wonder why She was the only one Now she’s gone And I’m the lonely one My baby’s gone, gone,…
  • Breach of Promise to Marry

    James J. Gross
    19 Feb 2015 | 12:59 pm
    Professor April Domino looked over her horn-rimmed glasses at her Domestic Relations class.  She wore navy pants and jacket with a bright red silk blouse.  She used the Socratic Method, which is the classic law school process of teaching by asking questions. “Amanda!” she called out, picking a student at random off the seating chart.  “Your client calls you and says her fiancé has called off the wedding and taken her engagement ring.  She has spent a fortune on the caterer and has had to go to therapy for the trauma.  Can you sue him?” “Yes,” Amanda answers.  “Sue him for…
  • Pre-Divorce Checklist

    James J. Gross
    6 Feb 2015 | 1:17 pm
    The family law attorneys of Gower & Bluck put together this helpful infographic of ten things you need to do before you file for divorce.
  • Depreciation as Income

    James J. Gross
    4 Feb 2015 | 10:49 am
    In the Mumma case, the wife called the court’s attention to the depreciation deduction that the Husband was taking for his business.  She pointed out that depreciation is a non-cash flow event and so the money is available to the Husband. The argument on the other side is that equipment really does wear out and needs to be replaced eventually.  When it does, it will take cash flow to purchase new equipment. Taking a look at the Maryland Child Support Guidelines in Section 12-201 of the Family Law Article, we see that income from self employment means gross receipts mine ordinary and…
  • Loans as Income

    James J. Gross
    29 Jan 2015 | 7:17 am
    The IRS does not consider a loan to be income. But if you own your own business, you can manipulate your income.  So if someone owes you $50,000 for goods and services, you don’t bill them until next year.  You have your business borrow $50,000 from the bank, using your $50,000 accounts receivable as collateral.  Then your business loans $50,000 to you for your living expenses. Is your income zero or $50,000? It’s a situation where you will want to have an accountant as an expert witness.  And even then, the accountants for each side will have conflicting opinions.  I’ve had cases…
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    Fathers' Rights Not Just Every Other Weekend

  • Medical Pot And Custody

    James J. Gross
    3 Feb 2015 | 8:48 am
    Jeanette Daggett and Dustin Sternick became involved in a custody struggle over their daughter after Jeanette decided she wanted to move from Maine to Florida. There was evidence at trial that the father used medical marijuana which is legal in Maine.  Of the 20 states that have legalized medical marijuana, Maine is one of the few that say a parent’s custody and visitation rights cannot be denied based on his or her use of medical marijuana unless their conduct is contrary to the best interests of the child.  The trial judge ruled in favor of the mother and the father appealed. The Maine…
  • Things I Want to Teach My Children

    James J. Gross
    22 Jan 2015 | 11:52 am
    Growing up, my brother and I could never figure out why our dad was so obsessed with us putting our shoes away in the closet instead of leaving them by the door.  He also seemed similarly obsessed with us turning off the lights when we left one room and moved to another. This morning, I picked up my children’s clothes on the floor and put them in the hamper.   I turned off the lights they left on and thought about the Pepco bill I have to pay this month.  I hung up the wet towel one of them left on the carpet.  I washed their cereal dishes and put the cereal box away.  I tripped over…
  • 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.
 
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    Ontario Family Law Blog

  • Reducing Family Conflict

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

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

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

    Brian Galbraith
    18 Mar 2014 | 1:28 pm
    Does child support end when a child reach age 18 years? Our lawyer Lynn Kirwin answers this question in detail.  The courts have recognized that financial dependency does not end upon a child turning 18.  Under the Divorce act and the Family Law Act there is no upper age limit under which support automatically terminates. As a result, child support may extend beyond the age of 18 years of age.  “Child” under the Family Law Act for child support purposes includes an adult child who has not voluntarily withdrawn from parental control and is enrolled in a full time…
  • How to Get an Annulment of Your Marriage in Ontario

    Brian Galbraith
    16 Mar 2014 | 11:50 am
    Obtaining an annulment of your marriage means a judge has declared that your marriage was not valid from the start. It is extremely rare. Most marriages in Ontario end in a divorce. You may be able to obtain an annulment if you did not have the capacity to marry such as being married already to someone else, being so intoxicated you did not know what you were doing, being a minor,  being forced into marriage by reason of fraud or duress, or lacking the mental capacity.  The more common reason for an annulment is if the marriage was not consummated. That means that you did not have…
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    Dads Divorce

  • Modifying Child Support When Arrears Are Owed

    Shawn Garrison
    1 Mar 2015 | 4:00 am
    Question: I am trying to modify my current parenting time. Right now, because I only have 80 overnights, I owe my ex-wife child support. If I modify the plan to at least 110 overnights, she would have to start paying me child support. However, I owe more than $10,000 in arrears. My ex also makes considerably more than me. How would child support be determined in this case? If the modification is made would the courts use her payments as credit toward my arrears? Or would they make us both pay each other? Or make her not pay anything until my arrears reached zero? Answer: Utah divorce attorney…
  • Does The Right Of First Refusal Apply?

    Shawn Garrison
    28 Feb 2015 | 4:00 am
    Question: My ex-spouse and I share 50/50 legal/physical custody of our two children. We follow a one-week alternating custody schedule and both agreed to a right of first refusal in our stipulation, which is vague at best. I frequently work nights and she exercises her first right of refusal by watching the children even though my girlfriend is around to watch the kids. However, my ex is using this right to an extreme in asking to have them every time I am not around for any amount of time. On nights I work from 6 p.m. to 6 a.m., so only three hours of this time would be the children’s…
  • Video: Cordell & Cordell News – February 27, 2015

    Shawn Garrison
    27 Feb 2015 | 4:12 pm
    Dads Divorce, sponsor Cordell & Cordell and sister site MensDivorce.com have teamed up to present a series of weekly recap videos to keep you informed on the latest news and top stories. This week, Cordell & Cordell reminded its Memphis and Greenville viewers that two free Divorce 101 seminars are being offered next week that will cover the basics of custody, child support, alimony, and more from Cordell & Cordell attorneys who emphasize men’s and father’s rights. For more information or to register for the free event, visit MensDivorceSchool.com. Dads Divorce added a…
  • The Forgotten Victim Of Domestic Violence

    Shawn Garrison
    26 Feb 2015 | 1:30 pm
    The issue of domestic violence is currently front and center in the national media. You’d be hard-pressed to find a more hot-button topic in popular culture. Efforts to draw attention to and stop domestic violence should be applauded. Nationwide, three or more women are murdered every day by a former male partner and 35 percent of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence. However, women are almost always portrayed as the victims when discussing domestic abuse. While 85 percent of victims are women, it is…
  • DadsDivorce LIVE: Child Support In Indiana

    Shawn Garrison
    25 Feb 2015 | 2:04 pm
    The flaws of the modern child-support system have been covered extensively on DadsDivorce.com. Now, many of those shortcomings have come to light in Indiana thanks to a series produced by WRTV-Indianapolis investigative reporter Kara Kenney. Ms. Kenney recently produced a series of stories examining the child-support system in Indiana. Initially, the series focused on deadbeat dads failing to make payments, but Ms. Kenney soon heard from numerous well-intentioned parents, including veterans, who were sincerely trying to make their payments but struggling to do so. The child-support system is…
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    Marilyn Stowe Blog

  • Marriage still valued by young people new study claims

    Stowe Family Law Web Team
    28 Feb 2015 | 10:00 pm
    Marriage is still valued by a majority of young people, a new study has claimed. Researchers at Ball State University in Indiana and Brigham Young University in Utah interviewed 517 students attending the former university, to see how much importance they placed on marriage to comparison to other social roles associated with adulthood. The majority of respondents said they expected a future marriage to play a more central role in their lives than their careers, personal pursuits or even parenting. Students with religious beliefs placed a higher importance on marriage than their more secular…
  • Irish emigrants urged to vote for gay marriage

    Stowe Family Law Web Team
    27 Feb 2015 | 10:00 pm
    An Irish citizen living in London has launched a campaign urging fellow emigrants to travel back home in order to vote ‘yes’ in the forthcoming marriage equality referendum. Republic of Ireland Taoiseach Enda Kenny announced earlier this month that the expected referendum would take place on May 22. Irish residents will  vote on whether not to Amend article 41 of the country’s constitution in order to allow same sex marriage. Joey Kavanagh moved to the UK last summer, The Irish Times reports, and he now works in the capital as an arts administrator. Under Irish law, citizens who have…
  • Judge approves international adoption

    Stowe Family Law Web Team
    27 Feb 2015 | 10:39 am
    A Family Court judge has approved the adoption of an eight year-old boy by parents living in another country. In J (A Child), Judge Simon Wood noted that it had been difficult to find adoptive parents for the child given his age as well as unspecified “behavioural issues”. As a result, the local authority widened its search to other countries. Although adoptive parents were found abroad, there was a complication in the case. They had mistakenly applied for a domestic adoption, which “[i]nexplicably … passed through the court system … without anyone noticing”. Once the…
  • Sir James Munby: large court bundles will be ‘destroyed’

    Stowe Family Law Web Team
    27 Feb 2015 | 10:37 am
    The President of the Family Division has said that excessive court bundles in family cases will be “destroyed without any prior warning”. During a judgment regarding the care of three children, Sir James Munby expressed his frustration at the amount of documents submitted to the court, saying it was something that happened “too often”. Under Practice Direction 27 (PD27) of the Family Procedure Rules, all court bundles must be “limited to no more than 350 sheets of A4 paper and 350 sides of text” unless a court specifically requests more. However, this rule is “frequently, indeed…
  • A week in family law: Tax breaks, divorce, and more by John Bolch

    John Bolch
    27 Feb 2015 | 10:36 am
    It’s been a very mixed bag of news this week, with stories covering a variety of topics, but no single one standing out. First up, the Government’s scheme to offer tax breaks to some married couples and civil partners has opened for registration. The marriage allowance, which was unveiled by David Cameron in 2013, could reduce a couple’s annual tax bill by up to £212, by enabling one spouse or civil partner to transfer some of their tax-free personal allowance to the other. The allowance will come into effect on 6 April 2015. Quite why, in the twenty-first century, couples who have…
 
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • Should I hire a Private Investigator

    Tripp Atkins
    23 Feb 2015 | 4:27 am
    The answer is…it depends.  What are the issues that you are trying to prove?  What is the investment that you will be making in the private investigator?  What do you hope to get out of the investigation?  Whenever we use the services of another professional in the divorce process it is important to determine the cost and the return on investment. So, what are some ways to measure your return on investment? Alimony.  The law in South Carolina states that an adulterous affair that occurs before a couple of things happen (the signing of a marital settlement agreement or a final order…
  • Should I Skip Hiring a Divorce Lawyer Since we have a Simple Divorce?

    Tripp Atkins
    16 Feb 2015 | 8:53 am
    It is tempting to hold off on hiring a lawyer to review your case or simply represent you when you feel like your divorce case is fairly simple and straightforward.  The problem is that a divorce can seem very simple on the surface, but the underlying effects of an order can be very far-reaching and many times the results are not what you anticipated. Even in situations where you and your spouse are working together amicably and have negotiated an agreement together, I would encourage you to seek legal counsel from a lawyer in your jurisdiction to make sure you fully understand the…
  • Divorce Mediation: Ready to Make Some Hard Decisions

    Tripp Atkins
    9 Feb 2015 | 5:01 am
    Mediation is a requirement for most South Carolinians facing divorce.  A majority of our counties now have a mandatory mediation requirement before a final divorce hearing can be scheduled.  Even though mediation is becoming mandatory in most areas, it is also a great idea to go through mediation if you cannot resolve your case on your own.  So how can you make the most of your mediation? I am a certified family court mediator and I represent a lot of people who are facing divorce.  Because of those two roles I have been involved as a mediator or as a lawyer in a lot of mediations.  One…
  • Why do I have to complete a financial declaration?

    Tripp Atkins
    2 Feb 2015 | 4:00 am
    In family court matters, most clients are asked to complete a financial declaration to present to the Court and other parties.  When I make the request for my clients to complete this form, I am often met with a lot of questions and push back.  The reasons vary: they think it isn’t relevant because they reached an agreement, they are afraid that a judge will change their agreement because of what is shown on the financial declaration (good or bad), or they may just value their privacy.  So why do you have to complete a financial declaration? Rule 20 of the  South Carolina Family…
  • Where do I file my divorce?

    Tripp Atkins
    26 Jan 2015 | 4:45 am
    When you are preparing to file for a divorce most people would like to file it in the county/court most convenient to them, but that is not always proper or allowed. When considering the proper county for filing your divorce you are considering the proper “venue”.  In South Carolina, the proper venue is determined by SC Code §20-3-60. South Carolina law requires divorce and separate support and maintenance actions to be filed in the county where the Defendant resides at the time of filing your divorce case; where the Plaintiff resides if the Defendant lives out of state or if…
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    Michael C. Craven | Divorce Lawyers Chicago

  • Let Our Divorce Lawyers In Chicago Help You With New Maintenance Guidelines In Illinois

    Michael C Craven
    19 Feb 2015 | 6:57 am
    As an experienced divorce lawyer in Chicago, I know firsthand that navigating through a divorce can pose a litany of difficulties to my clients. Creating a co-parenting schedule and dividing up acquired assets are just some of the many challenges faced by clients divorcing in the state of Illinois. What’s another common concern for parties going through the maintenance process. Throughout my tenure as a divorce lawyer in Chicago, I have watched countless clients struggle with the ambiguity surrounding spousal support in Illinois. The biggest cause for trepidation: a lack of standards…
  • Surviving Valentine’s Day After Divorce

    Michael C Craven
    2 Feb 2015 | 4:30 am
    Broken Heart After Divorce Surviving the holiday season while either going through or after a divorce is a huge feat. Unfortunately, there is little respite as Valentine’s Day approaches quickly after the winter holidays. As lonely as it can feel to be single or divorced on Valentine’s Day, it may be comforting to know that you are not alone. February is actually the most common month to file for divorce. Many divorce attorneys in Chicago refer to the period immediately following Valentine’s Day as “busy season.” Avvo, Inc., a web based expert-only legal forum and directory,…
  • Beyond The Divorce Rate: The Latest Marriage Trend Is No Marriage At All…For Now

    Michael C Craven
    2 Jan 2015 | 8:21 am
    As a leading Chicago divorce attorney, it’s my job to stay on top of the latest marriage trends. What is one thing I’ve learned during my tenure practicing as a Chicago divorce attorney? The only thing constant about marital trends is change. Every generation, every decade brings with it its own distinctive set of environmental circumstances, any number of which can have a major impact on the success rate of married couples. While I would never adhere to one-size-fits-all marital generalizations, keeping up with some of the trends and issues my clients find themselves facing helps…
  • 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…
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    Scaling the Summit: Divorce, Families, & Options

  • How is Bonus Income included in calculating Child Support and Alimony?

    4 Feb 2015 | 7:00 am
    The Alimony Reform Act defines income to include all income as defined by the Massachusetts Child Support Guidelines which clearly includes bonuses in the list of included income.  In Zaleski v. Zaleski, the SJC remanded the issue of alimony in part because the lower court did not include bonuses in the alimony calculation.  Bonus income, therefore, has to be addressed, but that does not mean it's easy to deal with. Bonuses often vary from year to year so basing a support amount on a specific number could result in an inequity to either the payor or recipient.  Making…
  • How can Mediation help divorcing parents with Snow Days?

    2 Feb 2015 | 7:00 am
    Snow days are one of the most exciting events when you're a child, especially if it means a reprieve from an upcoming test or homework due date.  But for parents, snow days are a significant inconvenience including last-minute schedule changes and all the fun involved in snow removal.  In addition, many employers will expect you to "work from home" but that is easier said than done when you have young children (as I write this I'm being asked by a three year-old why she can't have candy for breakfast). As with many issues separated parenting exacerbates many of these inconveniences.
  • Ditching the Briefcase for a Backpack - The Tom Bihn Synapse 25

    31 Jan 2015 | 6:36 am
    In 2012 we sent our office manager (and now recently trained mediator), Melissa Day, to the ABA Tech Show with one mission:  bring back a plan for transitioning our office to a paperless office.  We have discovered that in the legal business this is never a complete process, but an ongoing mission.  Becoming a paperless office requires finding the right balance with clients and other professionals who aren't ready to take that leap, as well as constantly reevaluating the technology we use.Three years later, it is probably the most important practice…
  • Can I Modify my Alimony? Updated Flowchart.

    30 Jan 2015 | 3:03 pm
    The SJC reached a decision on 1/30/2015 on three cases that interpreted the modification provisions of the Alimony Reform Act.  The SJC disagreed with our prior interpretation and decided that the provisions on retirement age and cohabitation can not be read retroactively.  To read more on these decisions check out our post here: Lifetime Alimony is Back (for some)! - Chin v. Merriot. If your case is a post March 1, 2012 case then all of the Act's provisions apply to you and your case would be modifiable pursuant to the terms of your Judgment read in conjunction with all…
  • Lifetime Alimony is Back (for some)! - Chin v. Merriot

    30 Jan 2015 | 2:20 pm
    Three months ago we told you about three very important pending cases that were argued before the Massachusetts Supreme Judicial Court, all three having to do with the issue of alimony modification. Today, the SJC released their decision on these three cases (Chin v. Merriot, Rodman v. Rodman, and Doktor v. Doktor) and in doing so they have created two clearly separate classes of alimony cases: those cases that were decided prior to March 1, 2012 and those that were decided after March 1, 2012.On March 1, 2012, the Alimony Reform Act took effect, and it included limits on the amount and…
 
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    Lawdiva's Blog

  • Aged New York Husband His Wife’s Prisoner?

    Georgialee Lang
    1 Mar 2015 | 2:23 pm
    Eighty-four-year old Martin Cassidy spent his career creating dinosaurs for the American Museum of National History. His career began in 1972 when the museum was offered the articulated skeleton of a dinosaur, an acquisition that would cost $200,000, plus as much as $500,000 to send a team into the field to find, collect, pack, ship, prepare, and reassemble the gigantic beast. Realizing how financially impractical that was, his new calling began. Over the years Mr. Cassidy and his team built life-like dinosaur facsimiles for museums around the world. It was while working at the museum that he…
  • Final Chapter in LA Dodgers Divorce?

    Georgialee Lang
    27 Feb 2015 | 1:20 pm
    Jamie and Frank McCourt are now more famous for their over-the-top divorce than for their eight-year run as the owners of the Los Angeles Dodgers. The twists and turns of their lengthy litigation could fill a book, and no doubt will! For those of you who followed their case, you may remember the fight over their marriage agreement, made more complex and confusing because two different versions of the agreement surfaced. One agreement said that Frank McCourt would keep the ball team if the parties separated, while the second divided it equally as community property. Judge Scott Gordon threw…
  • The Curse of the In-Person Litigant

    Georgialee Lang
    24 Feb 2015 | 5:15 pm
    I guess I’ve been lucky because I have never had to do a trial where the opposing party acted in person, “pro se”, as they call it in the United States. Why lucky? Because some of the worst trial horror stories involve litigants acting for themselves while their spouse has to pay a lawyer hundreds of dollars an hour to respond to often marginally relevant or unreasonable litigation tactics. A good example is the case of G.T. v A.T. 2014 NY Slip Op 24035 where Mr. T., a well-educated engineer, just short a few credits for his doctorate degree, turned what should have been a…
  • Are Jurors Biased Against Fat Women?

    Georgialee Lang
    22 Feb 2015 | 2:33 pm
    Researchers at Yale University recently conducted a study with 471 mock jurors. Each of them was given a hypothetical criminal case of cheque fraud, together with photographs of four fake defendants. The four accused consisted of a portly man, a slender man, a svelte woman and an overweight woman. The jurors then assessed each accused’s guilt on a scale of five, based on their appearance. The study results showed that male jurors consistently found the fat woman to be guilty, and the bias against overweight women was even greater if the male juror was a thin man. Curiously, this weight bias…
  • Judge’s Child Support Ruling Goes Viral

    Georgialee Lang
    21 Feb 2015 | 9:22 am
    Life isn’t always fair, but Carnell Alexander expected that a judge in Michigan would right the wrong. As he described it: “How can you start a case with a lie? The mom lied. The process server lied. Now I have to pay for it.” In 1987 a young woman gave birth to a child. In order to get welfare funds from the government she was obliged to fill out a form indicating who the father of her child was. She named Carnell Alexander as her child’s father. She then filed a court action alleging he was the father and sought child support. A process server was hired to personally deliver…
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    Farzad Family Law

  • What are Automatic Temporary Restraining Orders and What do They Prevent?

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

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

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

    B. Robert Farzad
    26 Dec 2014 | 8:00 am
    The word “half” in divorce is pretty scary for most men – half the property, half my income and yet she may not be as forthcoming with half the time with the children right? For business owners, the question “is my wife entitled to half my business if we divorce” can be downright terrifying. Men think about how the business can survive with half of its value going the other way and how they can even afford to pay such a price to their wife? And usually as all of this worry takes over, some men start thinking about how to cook the books or do other foolish things to make the…
  • 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…
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    Mesa Divorce Lawyer

  • Bright Future Ahead for Couples Struggling to Have Children

    JacksonWhite Law
    26 Feb 2015 | 7:48 am
    Cambridge University in England has been conducting research studies that offer hope to same-sex couples and couples struggling to conceive. They have taken steps towards creating artificial sperm and eggs. The study includes taking skin cells from adults and converting them into embryonic-like stem cells. This means same-sex couples could one day have biological children. It also offers hope to couples who are struggling to conceive.  The research conducted at Cambridge University was primarily funded by the following groups: Wellcome Trust, and the Britain Israel Research and Academic…
  • Judge Tells Bethenny to Stop Wearing Children’s Pajamas

    23 Oct 2014 | 11:15 am
    The former “Real Housewives” star and husband Jason Hoppy are in the process of divorce. It seems the judge is not a fan of Bethenny Frankel or her Instagram. In fact the Manhattan Supreme Court Justice Ellen Gesmer told the star “no more pajamas!” while in divorce court Thursday. Pajamas and Instagram  The judge was speaking in regards to Frankle’s Instagram account. She had posted a questionable picture in July. The picture displayed the 43 year old star in her daughters Hello Kitty PJ’s with a ruffled top, shorts, and slippers. The caption read: “This is my daughter’s…
  • Kris and Bruce Finally File For Divorce

    21 Oct 2014 | 8:21 am
    The Momager to the Kardashians and Bruce Jenner both filed divorce documents on Monday after being separated for some time. The two decided the division of the $225 million dollars. For most of their married life their finances were kept separately. This was considered unusual because there was no prenuptial agreement, but it seemed Bruce did not care about the separate accounts. Divorce Agreement Kris will keep the Hidden Hills mansion while Bruce will reside in the Malibu mansion. Bruce purchased the home located in Malibu after the two have been separated. Things got messy when discussing…
  • Man sentenced to 6.5 years in prison for child abuse

    16 Oct 2014 | 8:19 am
    David Michael Stokes was “super nervous” as he addressed the Circuit Judge Robert Hodges. He entered the court room with the intent to enter a “best interest” plea of guilty to one felony count of aggravated child abuse. Normally, this charge would result in 30 years behind bars-but his plea agreement changed that. Instead the 23-year-old was sentenced to serve a little of 6.5 years in prison. He will also pay a fine of $1,000 and other various costs. Child Abuse in 2013 In march of 2013 Stokes allegedly harmed his girlfriends daughter. The young girl was almost 2 years old at the…
  • Man Divorces Wife for Desiring Too Much Sex

    14 Oct 2014 | 8:03 am
    What seems to be every man’s dream, turned out to be on mans nightmare. In fact the man hated it so much, he filed for divorce: too much sex. Sex and Divorce There are many divorces filed where the couples are engaged in a sexless marriage, but it is rare to hear of a divorce due to excessive sex. One man filed a divorce in a Mumbai family court stating he could no longer stand his wife’s “excessive and insatiable desire for sex.” The husband approached the courts in India back in January, and originally stated his wife was “aggressive, stubborn and autocratic”. He also explained…
 
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    Fairfax, Virginia Family Law Blog

  • Qualified versus unqualified Virginia truck driver

    Surovell Isaacs Petersen & Levy PLC
    27 Feb 2015 | 7:46 am
    After a serious Virginia truck accident, one important piece of evidence related to establishing liability on the part of the truck driver is determining whether or not he or she was an unqualified truck driver. Despite the licensing requirements and federal regulations that relate to truck drivers and trucking companies, not all drivers or companies adhere to the law. In order to understand whether a driver was qualified at a most basic level, it is important to understand the relevant licensing requirements that apply to truck drivers. Large tractor trailers and semi-trucks are classified…
  • You need a zealous Virginia advocate for premises liability cases

    Surovell Isaacs Petersen & Levy PLC
    19 Feb 2015 | 12:15 pm
    Virginia accidents that cause physical injury often result in medical bills. Serious accidents and injuries can result in a range of expenses, including not only medical treatment and care, but also rehabilitation, lost income, etc. If you had an accident, such as a fall, in a public place or on someone else's property, you may be unsure about whether the accident was solely your fault or whether the property owner may have some kind of liability for the accident. In such cases, you should not hesitate to investigate but should instead call us to discuss your story and see if there are any…
  • How can insufficient warning result in VA products liability?

    Surovell Isaacs Petersen & Levy PLC
    13 Feb 2015 | 6:23 am
    Many Virginian's are aware that the designers and manufacturers of products--including automobiles, toys, prescription drugs, medical devices and many other products--can be held liable for the injuries caused by use of those products if the products had a design flaw or were manufactured improperly. However, there is another way that products can be considered dangerous or defective, which can also result in legal liability for injuries: insufficient warning. A lack of instructions or warnings provided with a product can cause a product to be classified as a dangerous or defective product in…
  • Man suffers serious car accident injuries after hit-and-run

    Surovell Isaacs Petersen & Levy PLC
    4 Feb 2015 | 11:21 am
    Accidents involving automobiles are common through Virginia because it is easy to get distracted while driving, make poor decisions, have obstructed vision, etc. Unfortunately, many car accident injuries are quite severe and require emergency medical care and extensive treatment, care and rehabilitation afterwards. This kind of medical treatment is not inexpensive and, when compounded with an inability to work while recovering, can cause victims of car accidents severe financial hardship. This will likely be the case for an unfortunate victim of a car accident in Arlington, Virginia.
  • Proving negligence after a truck accident

    Surovell Isaacs Petersen & Levy PLC
    28 Jan 2015 | 8:10 am
    Even though many truck accidents, especially those involving a collision with a smaller passenger vehicle, are severe and catastrophic, this does not necessarily mean that the other party involved in the accident who suffered damages as a result of the accident will be able to recover damages in a personal injury lawsuit. There are many different potential causes for a truck accident beyond a negligent or unqualified truck driver. For this reason, if someone is injured during a truck accident and believes the other party to be at fault for the accident, he or she must prove the negligence of…
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    Children and the Law Blog

  • Raising the Age: Is Texas Going “Soft on Crime?”

    Tony Urbanik
    23 Feb 2015 | 7:44 pm
    In the past decade, the Supreme Court has ruled that the death penalty and mandatory life without parole for crimes committed while under the age of eighteen amount to cruel and unusual and are therefore unconstitutional.[1] [2] The Court, or at least a majority of it, appears to believe eighteen is the appropriate age to treat someone as an adult. Justice Kennedy wrote that he based his decision on contemporary research that shows that young teens simply do not have the same decision-making skills as a middle-aged adult. However, many states, including Texas, use seventeen as the age of…
  • A picture says a thousand words…for kids

    Esther Kim
    18 Feb 2015 | 10:55 am
    NPR published a very interesting article about how children’s drawings are good indicators of family dysfunction.   It’s definitely worth a read for people who work with children.  I, for sure, will use this method the next time I talk to young children. Here’s the article: http://www.npr.org/blogs/ed/2014/12/08/368693069/kids-drawings-speak-volumes-about-home?utm_campaign=storyshare&utm_source=facebook.com&utm_medium=social   The post A picture says a thousand words…for kids appeared first on Children and the Law Blog.
  • Double Jeopardy or Dismissal?

    Esther Kim
    4 Feb 2015 | 8:28 pm
    In Texas, a child is no longer a child when she turns 17.  When the clock strikes midnight, the protections afforded to juveniles vanish and the child becomes an “adult,” subjected to the processes and jurisdiction of the adult criminal court.  Rehabilitation and treatment is no longer in the minds of the court; 17-year-olds are now thrown into the harsh world of retribution. Unfortunately, it’s not just the 17-year-olds who are exposed to harsher sentences.  Sometimes, the presumption of childhood disappears when the court considers the overall factors of the offense,…
  • Debilitating Fear and the Iron Dome

    Esther Kim
    3 Feb 2015 | 11:09 am
    This morning on Here and Now, a radio show on NPR, invited guest speaker Lenore Skenazy, reality show host, to talk about issues in extreme helicopter parenting. In her show, World’s Worst Mom, Skenazy addresses a new level of fear in parents:  one young mother is so afraid that her children might get raped or kidnapped by strangers that she does not allow her 13 year old son to go to the men’s restroom alone at a mall.  She takes him with her into the women’s restroom.  She and her mother call her husband a “dummy” for letting their son go to the restroom…
  • Tennessee passes law to punish pregnant women using drugs

    Lauren Fisher
    27 Oct 2014 | 10:00 am
    Starting July 1st of this year, women in Tennessee who use drugs during pregnancy can be charged with assault.  I have worked with children who were born with drugs in their system, and it is as if their mother’s have put a permanent roadblock to their success.  As a child advocate, this law makes sense to me.  As a woman, it terrifies me. Every year, thousands of babies are born with drugs in their systems.  Long-term health implications include low birth weight, risk of developmental problems, mental retardation, and seizures, among others.  From a financial standpoint, the average…
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    911bikerlaw.com

  • 911 Biker Law During Daytona Bike Week 2015

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

    Biker Law
    27 Feb 2015 | 1:00 am
    Aggressive driving incidents, or road rage, have been increasing in frequency and it seems like every day you hear about a new occurrence on the news. As Orlando motorcycle attorneys, we have been watching this trend with great concern. Feel yourself wanting to lash out at fellow drivers? Here are a few quick and easy tips to help you control your own stress: Take a deep breath Release the extra tension in your body by taking deep breaths. By focusing on your breathing you can calm yourself down and remove the chance of you lashing out on fellow drivers. Empathize Minimize aggressive feelings…
  • Free Motorcycle Towing Available Throughout Daytona’s Bike Week 2015

    Drew A
    23 Feb 2015 | 1:00 am
      911 Biker Law and will partner with Ace Motorcycle Towing to provide free bike towing services for Daytona Bike Week 2015. From March 6- 15, the No Biker Left Behind program offers bikers a free tow to the Volusia County location of their choice. “People come to Bike Week to have a fun and safe experience on their bikes. The last thing a biker wants is to be stranded on the side of the road with a broken down motorcycle,” said Michael B. Brehne, head attorney of 911 Biker law and owner of custom motorcycles. “If your bike does break down, we want to ensure both you and your bike…
  • Osceola Law Ride 2015

    Dawn Brown
    10 Feb 2015 | 9:16 am
    As a previous law enforcement officer Michael Brehne is a proud member of the Blue Knights, a non-profit fraternal organization whose members consist of active and retired law enforcement men and women who enjoy riding. 911 Biker Law was honored to be the title sponsor for their 3rd Annual Law Ride.This year was a fantastic time with gorgeous blue skies, safe ride, tons of wonderful food, giveaways, and more importantly camaraderie.  As a former law enforcement officer, I have seen firsthand the devastating effects the loss of an officer has on their families and the community.  The…
  • Teaching your teen to drive

    Biker Law
    15 Jan 2015 | 4:00 am
    Can you believe it? Just yesterday you were bringing your little bundle of joy home from the hospital and now they are old enough to get behind the wheel. Teaching your teenager to drive can be stressful on both parent and child. But don’t worry, we’ve been through the process ourselves! Here are a few tips on how we survived. Start slow Don’t hit the road just yet. Nervous teen drivers can be dangerous to those already on the road. Try starting small and head to a large, empty parking lot. A mall parking lot on a Sunday morning before the stores open is often free of cars. No large…
 
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    Family Law Express Brief

  • How can we more accurately capture the reality of a family dynamic?

    Valerie Cortes
    13 Feb 2015 | 10:23 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. 9. How do you think a Family Report is beneficial in assessing the best interest of a child? Should this process be changed? If so, how would you change such process? To quote a recent chapter in a large handbook of articles on evaluations, the best-interests principle is “An indeterminate standard incapable of being operationalized.”…
  • 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…
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    The Sampair Group | Legal Blog

  • Marital Assets You Don’t Know You Have

    Sampair Legal Blog
    16 Feb 2015 | 1:35 pm
    When you get a divorce, you know that you will need to divide your marital assets. In Arizona, anything acquired during the marriage is considered community property and needs to be divided during the marriage. The things that probably immediately come to your mind are the house, cars, bank accounts, retirement accounts, and household belongings. That’s certainly a lot to divide and getting through those items takes careful work and solid legal advice. What you might not be aware of is that there are a whole host of other assets that need to be divided that you probably are not even…
  • What To Do If You Change Your Mind About Your Divorce

    Sampair Legal Blog
    13 Feb 2015 | 1:33 pm
    Because divorce is a big decision, and every issue within the divorce is also an important decision in your life, it’s no surprise that second thoughts might come up. Here’s what to do if you’re rethinking a decision you’ve made. -          If you are in the middle of a divorce and suddenly believe you don’t want a divorce after all, you need to talk to your spouse. One person can’t save a marriage. It will take two of you. If your spouse is willing to try again, counseling would be an excellent idea. If you do decide to work on your marriage, let your attorney know you…
  • Parenting Plan and Child Illness

    Sampair Legal Blog
    12 Feb 2015 | 1:31 pm
    Most parenting plans do not address what you are supposed to do about your scheduled time in the event of a child’s illness. Most kids deal with illness rather frequently, so addressing what to do about this in advance can save you a lot of time and trouble later. The first consideration is how far apart you and your ex live. If it is a fifteen minute drive, it is much more feasible for a child with a bad cold to be transferred than if you live an hour apart. If you live close by, illness will rarely impact visits, unless a child is very ill and cannot get out of bed. The prime…
  • Things Not To Do Right After Your Divorce

    Sampair Legal Blog
    11 Feb 2015 | 1:29 pm
    Once your divorce is finalized, you may still be working through the emotional, financial, and practical issues it has created in your life. Because it is a time of great upheaval, there are mistakes you want to avoid to ensure you have smooth sailing ahead. -          Being lax about child support or spousal maintenance. If you’re just starting out with these payments, it can be easy to forget them or to psychologically want to avoid the entire issue. Skipping or being late with these payments is a huge mistake and one that will cost you money (in fines) as well more legal…
  • What To Do If You Can’t Afford Divorce

    Sampair Legal Blog
    10 Feb 2015 | 1:27 pm
    If you’ve decided your marriage is over and you are ready to get a divorce, financial considerations are an important part of the steps you will take in moving forward. The decision to divorce is based on what is happening in your relationship and there may be no question that your life together is over and you need to move on. Being able to afford to do so can be a challenge. It can be shocking to realize the impact a divorce is going to have on your financial life. While most people are prepared for the actual costs of the divorce procedure itself, it can be stunning to realize that you…
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    Etheringtons

  • Family Law and going to Court

    Candice Lau
    16 Feb 2015 | 11:44 am
    When a relationship or marriage ends, people often have a fear that they will need to go to Court to deal with the separation of joint assets and liabilities, and arrangements for their children. The fear of going to Court, on top of the emotional side of separation, can be extremely stressful for those involved. However, it is not the case that people automatically need to go to Court when their marriage or de facto relationship ends. If the parties to a separation can agree on how they separate jointly owned assets and liabilities and also have an agreed arrangement on spending time with…
  • Litigation vs. Negotiation

    Flo Mitchell
    8 Feb 2015 | 5:53 pm
    When disputes arise, they can be settled by negotiation between the parties or by litigation. It is important to understand the advantages and disadvantages of both before deciding which route is best for you. The upside to Negotiation Negotiation is usually the first step in any dispute resolution process. Usually, your solicitor should discuss with you what you may expect from an early negotiation of your dispute, and give you an idea of what would be reasonable bearing in mind the cost and time it takes before you can get a Court hearing. Just because you do not resolve something early on…
  • Understanding AVOs

    Flo Mitchell
    2 Feb 2015 | 7:35 pm
    An ‘AVO’ refers to an ‘Apprehended Violence Order’, issued by a court against a person who has made another person feel fearful of assault, harassment, further violence or intimidation. There are two types of AVOs: Apprehended Domestic Violence Order (ADVO), which is issued where the two parties are married, de facto, family or related. Apprehended Personal Violence Order (APVO), which is issued where the two parties are not related. Examples include colleagues, friends and neighbours. How to apply for an AVO An AVO is applied for through the police by application, or through a local…
  • New build buyers beware!

    Tom Moxham
    26 Jan 2015 | 8:21 pm
    On 15 January 2015, the NSW Government introduced a raft of significant changes to home building laws in NSW. The changes cover builders licencing, Owner builders, Home Building Compensation Fund and the statutory warranty period. Licensing Building and general trade contractors will now only require a licence if their labour and materials are greater than $5000. Certain types of work, including internal painting (provided it isn’t a part of other building work), will no longer require to be licenced at all. Balancing this loosening of “tradie” licencing is the introduction of stricter…
  • 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…
 
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