Budget cuts throughout the court system. A familiar refrain in Florida. And in New York state. Floridians going through divorce may draw a small measure of consolation reading about the impact of their budget cuts on New Yorkers’ divorces, if not actually personally commiserating with New Yorkers going through divorces. New York judges, lawyers and divorcing couples reportedly all agree that New York’s court system is unmanageable, makes the process cost more than it would if it were in better shape, and needs to be “repaired”. A dedicated Commission has written a…
Family Law
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Most Topular Stories
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Divorces Taking Longer and Longer and Costing More and More Due to Budget Cuts in the Courts in New York … Florida … and, Probably, Every State
Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach13 May 2012 | 9:59 am -
Four things to know about Financial Declarations in Family Court
South Carolina Family Law Blog15 May 2012 | 11:00 amIt sounds simple enough, Financial Declaration (sometimes referred to as a Financial Affidavit). It’s something that each party in most Family Court cases must complete, even in cases that may seem to be “uncontested”. The document details the typical financial factors that play a role in every marriage: how much you earn, how much you spend, how much you owe and what you own. The affidavit provides the court with a snapshot of your financial picture. Though it seems straightforward, many people discover the document is more complicated than they anticipated. Determining… -
San Diego Attorney Kathy Minella Nominated for the Jack Berman Award Presented ... - Virtual-Strategy Magazine
family law news - Google News16 May 2012 | 6:31 amSan Diego Attorney Kathy Minella Nominated for the Jack Berman Award Presented Virtual-Strategy MagazineSan Diego Law Firm family law attorney was recently recognized for her desire to empower and educate young students. Attorney Kathy Minella was recently nominated for the Jack Berman Award, as presented by The California Young Lawyers Association.and more » -
Guest Post by Jennifer Smith: Dividing Up Debt
Family Law Prof Blog15 May 2012 | 3:37 pmDividing Up Debt There is nothing simple or easy about divorce. In addition to coping the emotional distress associated with the end of a marriage, you also must contend with dividing up your marital assets as well as your marital... -
Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants
Missouri Divorce and Family Law Blog14 May 2012 | 8:26 pmThe following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University. Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex. Depending on the number of family members involved, the amount of assets at stake, and the specific circumstances of the case, even the most experienced attorney might need to acquire additional expertise to achieve the best results for the client. In cases where assets may have been hidden, misrepresented, under-valued or mysteriously liquidated,…
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South Carolina Family Law Blog
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Four things to know about Financial Declarations in Family Court
15 May 2012 | 11:00 amIt sounds simple enough, Financial Declaration (sometimes referred to as a Financial Affidavit). It’s something that each party in most Family Court cases must complete, even in cases that may seem to be “uncontested”. The document details the typical financial factors that play a role in every marriage: how much you earn, how much you spend, how much you owe and what you own. The affidavit provides the court with a snapshot of your financial picture. Though it seems straightforward, many people discover the document is more complicated than they anticipated. Determining… -
Neighboring North Carolina Passes Constitutional Gay Marriage Ban
14 May 2012 | 12:53 pmA recent Huffington Post article discussed the decision by North Carolina voters to alter their state constitution this week. The law now reads that the only legally valid domestic partnership in the state is marriage between a man and a woman. The constitutional amendment received broad support, passing 61% to 39%, and made the state the 29th to institute such a ban. To some the amendment seemed unnecessarily duplicative given that the state already had a gay marriage ban in place. The new amendment makes it even more difficult for lawmakers to ever attempt to change the law. It also goes… -
How To Financially Prepare for a South Carolina Divorce
11 May 2012 | 8:00 amDivorce is a difficult process, emotionally and financially. Before you blindly step into the stressful process, there are steps you can take to empower yourself by getting your financial ducks in a row. Taking the following steps can help make things run more smoothly and even lower your eventual legal bills by being so prepared. According to a recent FoxBusiness article, the following five tips are some that every soon-to-be-divorced couple should pay attention to for help easing the process. 1. Evaluate your assets The house is the biggest asset that most couples possess but there… -
How To Deal With Your New Love’s Ex
9 May 2012 | 8:00 amIt’s really easy when meeting your new love’s former spouse to have thoughts immediately turn negative. And while it’s true that some are every bit as evil as you may want to believe, they aren’t always bad news. With that in mind, follow these simple rules to help manage an ex in your life. 1. Set the right tone and be friendly It’s true what they say; you usually get what you expect from people. If you’re already expecting the wicked witch and treat the ex as such that’s likely what you’ll get. Even if the ex had good intentions your negativity could turn her away. 2. -
How To Have a Better Divorce in South Carolina
7 May 2012 | 8:00 amAccording to a recent article in Psychology Today, while divorce may be brutal for some it does not have to be that way. For many, splitting up happens because two people simply weren’t meant to be married. If you’re trying to find ways to be good to your ex during your divorce follow some of these steps to help keep the peace: 1. Don’t try to be friends too soon. You’ll both need time to heal and recalibrate following a divorce. Make sure that you both have a safe distance from one another to heal on your own schedule. For some it may feel lousy and lonely for a while but it’s…
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family law news - Google News
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San Diego Attorney Kathy Minella Nominated for the Jack Berman Award Presented ... - Virtual-Strategy Magazine
16 May 2012 | 6:31 amSan Diego Attorney Kathy Minella Nominated for the Jack Berman Award Presented Virtual-Strategy MagazineSan Diego Law Firm family law attorney was recently recognized for her desire to empower and educate young students. Attorney Kathy Minella was recently nominated for the Jack Berman Award, as presented by The California Young Lawyers Association.and more » -
Maryland Gets D- For Workplace Family Policies - Patch.com
16 May 2012 | 5:37 amMaryland Gets D- For Workplace Family PoliciesPatch.comRankings were calculated by whether states had paid family and medical leave, job-protected family leave that offers more protections than federal law and job-protected medical leave for pregnancy, childbirth or other related medical conditions.and more » -
Judge orders children to Italy - Sydney Morning Herald
16 May 2012 | 4:41 amSydney Morning HeraldJudge orders children to ItalySydney Morning HeraldFamily Law Practitioners Association of Queensland president Deborah Awyzio said the court's decision was not for the children to go live with their father, as had been reported. “The decision is for the children to return to Italy in the company of Court rules four children should return to ItalyABC Onlineall 469 news articles » -
Families gather to remember fallen law enforcement officers in Collier - The News-Press
16 May 2012 | 12:47 amFamilies gather to remember fallen law enforcement officers in CollierThe News-PressRuben Gonzalez of Barron Collier High School JROTC addressed law enforcement officers and, friends and members from three local officers' families. “A soldier is taken into harm's way away from home,” Gonzalez said. “A law enforcement officer steps out and more » -
Chinese activist's family suffers reprisals, he tells US lawmakers - CNN
15 May 2012 | 9:39 pmCTV.caChinese activist's family suffers reprisals, he tells US lawmakersCNN"After my nephew was beaten up, he actually was waiting to surrender himself and the police come back again and violently beat up my sister-in-law," Chen said. He added that he is no longer able to talk with his relatives "because all their China Dissident Chen Decries Pattern of Abuse Against FamilySan Francisco ChronicleBlind dissident's plight revives China rights movementReutersDissident Chen May Get China Passport by Next WeekBloombergCNN Internationalall 1,055 news articles »
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Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach
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Divorces Taking Longer and Longer and Costing More and More Due to Budget Cuts in the Courts in New York … Florida … and, Probably, Every State
13 May 2012 | 9:59 amBudget cuts throughout the court system. A familiar refrain in Florida. And in New York state. Floridians going through divorce may draw a small measure of consolation reading about the impact of their budget cuts on New Yorkers’ divorces, if not actually personally commiserating with New Yorkers going through divorces. New York judges, lawyers and divorcing couples reportedly all agree that New York’s court system is unmanageable, makes the process cost more than it would if it were in better shape, and needs to be “repaired”. A dedicated Commission has written a… -
Discernment Counseling Anyone? Prefer Mixed Agenda Counseling Then?
12 May 2012 | 4:53 pmHusband and Wife aren’t getting along. Husband is kind of oblivious. Wife has pretty much made up her mind that she wants out. What to do? In years gone by, Wife might have suggested marital relationship counseling. And Husband very likely would have rejected the suggestion. Today, Wife has another option, and it doesn’t require Husband’s participation, let alone commitment. It’s called discernment counseling (or mixed agenda counseling), and it’s a new concept. And the purpose of it is to help Wife, the unhappy spouse in this instance, assess her options,… -
If Married Moms Can’t Afford to Work, Does Divorce or Separation of Parents Render Working More Affordable or Cost-Effective?
11 May 2012 | 10:55 pmHusband and Wife have Children. Husband earns a pretty good salary. Wife earns substantially less. Daycare is pretty expensive. It eats up a very substantial chunk of Wife’s salary. Husband and Wife jointly decide that it just doesn’t make financial sense for Wife to work to, more or less, break even on daycare for the Children. Fast forward. Husband and Wife break up. Now, Husband’s knee-jerk reaction is that he’s not going to pay for Wife to stay at home with Children. Wife should get out and get a job. But Wife isn’t going to be able to earn any more money by… -
From Temporary or Trial Arrangement as Stay at Home Parent, to Primary Caregiver Designated at Trial
8 May 2012 | 11:04 pmHusband and Wife have a Child. Wife works part-time and serves as Child’s primary caregiver. Husband is laid off from his job. No replacement job is in sight. Husband and Wife are struggling financially. At Husband’s suggestion, Wife increases her hours on her job to full-time, temporarily. Husband then suggests that he stay home with Child, to save substantial daycare expenses, temporarily. All perfectly plausible and reasonable, of course. Watershed: In families with a child under 5 years old in which the wife works, twenty percent of husbands are the primary caregiver of their… -
Six Year Old Arrested at School and Charged with Battery on Principal … To Get Him Help
6 May 2012 | 11:13 pmChild is in kindergarten. For reasons unknown, Child is acting out – badly. Child allegedly kicks Principal … and threatens to kill various school officials. This is not Child’s first such incident at school. This time, Principal calls the police. Child is kicking and screaming when police arrive, attributing his conduct to the devil. Police arrest Child … and charge him with battery. The Principal expresses concern for the safety of other students and school personnel. But describes Child as a “good student-just having some difficulties”. Law enforcement…
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Family Law Prof Blog
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Guest Post by Jennifer Smith: Dividing Up Debt
15 May 2012 | 3:37 pmDividing Up Debt There is nothing simple or easy about divorce. In addition to coping the emotional distress associated with the end of a marriage, you also must contend with dividing up your marital assets as well as your marital... -
Violence Against Women Act
15 May 2012 | 3:18 pmFrom the New York Times, an editorial: In an all-too-rare show of bipartisanship, 15 Senate Republicans joined with the Democratic majority last month to reauthorize the Violence Against Women Act, the landmark 1994 law that is key to efforts against... -
Widiss: "Changing the Marriage Equation"
15 May 2012 | 3:54 amDeborah A. Widiss (Indiana University Maurer School of Law) has recently posted Changing the Marriage Equation, 89 Washington University Law Review 721 (2012) on SSRN. Here is the abstract: This Article brings together legal, historical, and social science research to... -
Modern Dads
13 May 2012 | 11:02 pmFrom the WSJ: Whether it is because today's men were raised amid the women's movement of the 1970s, or because they themselves experienced the costs of that era's absent fathers, there is little question that the age of dads as... -
Happy Mother's Day!
13 May 2012 | 4:19 am
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Missouri Divorce and Family Law Blog
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Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants
14 May 2012 | 8:26 pmThe following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University. Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex. Depending on the number of family members involved, the amount of assets at stake, and the specific circumstances of the case, even the most experienced attorney might need to acquire additional expertise to achieve the best results for the client. In cases where assets may have been hidden, misrepresented, under-valued or mysteriously liquidated,… -
Courts Bulletin: Child Relocation
9 Apr 2012 | 12:01 pmUnder § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is required. Abraham v. Abraham, No. 31099 (Mo. App. S.D., October 26, 2011), Rahmeyer, J. A dissolution of marriage was granted to the parties in April 2006. In September 2010, the Mother sent a certified letter of her intention to relocate their child’s residence to Orlando, Florida. The Father did not file an objection to the move until 37 days after receipt of the letter. The Mother asserted… -
Awarding Tax Dependency Credit To Non Custodial Parent Not Prejudicial When Custodial Parent Has No Income
7 Apr 2012 | 2:18 pmNew Case Law: CB v. DB Missouri Court of Appeals, Southern District - SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse unless the trial court expressly finds it unjust or inappropriate to do so, our western district has held that noncompliance with Form 14 directions is not reversible error unless the appellant is prejudiced thereby. Sarwar v. Sarwar, 117 S.W.3d at 171. Appellate review is for prejudice, not mere error Pruett v. Pruett, 280 S.W.3d 749, 751 (Mo.App. 2009). “Here, Wife does not… -
Case Law Update: Rude, Irritating, or Inconvenient Conduct not Sufficient to Support Order of Protection
31 Mar 2012 | 10:07 amRecent Case: SD v. MW Missouri Court of Appeals, Southern District - SD31296 Under section 455.010(13), "stalking" occurs when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person's situation to have been alarmed by the conduct. As used in this subdivision: (a) "Alarm" means to cause fear of danger of physical harm; (b) "Course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such… -
Case Law Update: No Child Abandonment Without Knowledge
4 Mar 2012 | 3:13 pmRecent Ruling: Termination of parental rights requires proof of statutory grounds by clear, convincing and cogent evidence, and proof of child’s best interest by a preponderance of the evidence. In an action to terminate parental rights, the statutory ground of abandonment means six pre-petition months of “a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or ... an intentional withholding from the child, without just cause or excuse, by the parent, of his…
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Divorce Discourse
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10 Tips for Choosing a Web Design Company
16 May 2012 | 6:30 amYou need a new website (or maybe it’s your first website), and there are a gazillion options. First off, depending on how busy you are at this point, you might want to consider building it yourself. It’s not rocket science to build a simple site or blog. I really like SquareSpace. The site offers an awesome interface, cool premade designs, and an incredibly reasonable price. It is a soup-to-nuts solution. It’s worth considering. If, however, you’re committed to hiring someone to do the work for you, then these tips should help you pick the right someone: 1. Don’t… -
What to Say When They Ask for Free Advice
15 May 2012 | 6:30 am“I’ve got one quick question,” she pleaded into the phone. “I just need a little advice,” she went on. Another caller said, “I’ve been looking at your website, and I’m impressed. I was hoping you could give me some advice over the phone.” They want free consultations. They want advice without paying for it. They’re in a difficult situation, and they need help. How do you feel when that happens? When it happens to you, I’m guessing that you want to help. You have what the caller needs, and you’re anxious to assist. -
Delegate Social Media to a Teenager?
14 May 2012 | 6:30 amYou’re busy. You’ve got clients calling at all hours and deadlines you’ve got to meet. You’re also reading articles here and on other sites about the importance of social media. You feel pressure to get involved with Facebook and Twitter. You’ve got a teenager who understands social media (and not much else as far as you can tell). Why not hire your kid to do the social media for you? It’s very tempting to let the teenager tweet for you, update your Facebook status, and keep up with your Facebook page. Should you? No. Don’t do it. It’s a bad… -
Complicated Compensation Systems Don’t Work
11 May 2012 | 6:30 amWe have experimented with a variety of compensation systems for our attorneys over the years. We designed each system with the objective of (1) keeping the lawyers happy and (2) increasing profits. We’ve tried straight salary. We’ve tried salary plus bonuses based on a variety of objective factors. We’ve tried salary plus bonuses based on a subjective decision by management. We’ve tried formulas tied to revenues and origination credits. We’ve tried salary plus commissions for originating cases and/or generating billable revenues. We’ve tried all of the… -
When Should You Raise Your Prices?
10 May 2012 | 6:30 am“I’ve told my staff to stop scheduling consults because we’re so busy.” That’s what a lawyer said to me, expecting me to be excited for him. Of course, I smiled and acted impressed. All the while, I was thinking, “Why aren’t you raising your prices?” If you’re booked solid, then it’s time to increase your fee, whether that means increasing your fixed fee, your hourly rate, or your retainer. You don’t want to be 100 percent booked unless you’re doing it while maxed out on price. Sure, we’re professionals, but…
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UPDATES IN MICHIGAN FAMILY LAW
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LGBT Rights in the US, State by State
12 May 2012 | 12:41 pmThere is some very interesting data regarding the civil rights (by statute) for gay, lesbian and transgender people on a range of issues, including marriage, hospital visitation, adoption, housing, employment and school bullying. The charts are illuminating, to say the least. Laws in America have evolved to allow — but in some cases ban — rights for LGBT folks on those issues. -
Tribute to Maurice Sendak
9 May 2012 | 11:28 amMaurice Sendak died yesterday at the age of 83. An important piece of my sons' childhood is gone. It is important to acknowledge the great talent of this man--and to say a proper, if sad, goodbye. Maurice Sendak was popular... -
Sex Offender Registry and Termination of Parental Rights | New Statute
3 May 2012 | 12:32 pmAlong with murder, voluntary manslaughter and felonious assault that results in serious bodily injury of another child, MCL 712A.19a(2)(d), as amended, effective May 1, 2012, now provides that if a parent is required to register under the sex offenders registration act, the department of human services is not required to make reasonable efforts to reunify the child with the parent. -
Catholic School Teacher Fired for Attempting IVF
2 May 2012 | 7:36 amEmily Herx, teacher of literature and language at a Catholic school in Indiana, has filed a lawsuit arising from the school's termination of her contract because she and her husband are using IVF in an attempt to conceive a second child. Herx claims that the Catholic school’s monsignor refused to renew her contract and that he referred to her as a "grave immoral sinner." -
Michigan Court of Appeals Gets it Wrong Again on Post-Nuptial Agreements
30 Apr 2012 | 7:46 amOnce again a panel of the Michigan Court of Appeals misunderstood the facts of Lentz v Lentz, 271 Mich App 465 (2006), and improperly relied on it to declare a post-nup agreement void as against public policy because the parties "were not separated" when the agreement was signed. This perspective is, of course, contrary to the clear trend in Michigan case law recognizing that adults are free to enter into binding contracts on property, spousal support, and even child support (with some limitations) issues.
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Divorce Law Journal
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No Published Family Law Opinions from Ky Court of Appeals Last Week
14 May 2012 | 9:38 am -
No Published Family Law Opinions from Ky Court of Appeals Last Friday
7 May 2012 | 11:43 am -
Published Family Law Opinions Last Week
30 Apr 2012 | 9:31 amD.G. R. et al v. Cabinet for Health & Family Services, termination of parental rights, from Kentucky Supreme Court. Digest to follow. No published family law opinions from Ky Court of Appeals last week. -
No Published Family Law Opinions from Ky Court of Appeals Last Week
23 Apr 2012 | 1:07 pmThere was one status appeal, but we don't report on those. -
There Appear To Be No Published Family Law Opinions from Ky Court of Appeals today.
13 Apr 2012 | 9:18 amLinks to the cases from the minutes are broken, but there appear to be no family law decisions amoung the published opinions released today.
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International Family Law
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No-Fault Divorce: New York
11 May 2012 | 2:27 pmPlease follow the link below for my article "Letter from New York," appearing in the Autumn 2012 publication of Australian Family Lawyer. This article covers the newly enacted no-fault divorce law in New York State. http://www.international-divorce.com/no_fault_divorce_new_york -
Dubai vs. U.S.: International Child Custody Case
8 May 2012 | 10:25 amFrom an article concerning a case in which we are working on getting a baby back from Dubai, United Arab Emirates Clarksville, TN--Stacy Peters returned to her family’s home in Dubai United Arab Emirates (UAE) on March 27 to a nightmare that has left her fighting for the chance to once again see her now-16-month-old daughter, Caroline Grace Peters.Stacy Peters and her daughter Caroline left their Clarksville home and went to Dubai in August 2011 to live with her husband, Charles “Chuck” Peters. Charles Peters, a former major in the U.S. Army’s Special Forces, had taken a two-year… -
Argentina and the Hague Abduction Convention
4 May 2012 | 11:33 amThe Office of Children’s Issues of the U.S. State Department’s Bureau of Consular Affairs, has recently released the annual report on Hague Convention compliance. The report details various issues of non-compliance with member countries. It places countries under two categories; “Not Compliant” and “Demonstrating Patterns of Noncompliance,” with the former category signaling more serious compliance problems. The 2011 report succinctly stated that Argentina is a country having “enforcement concerns.” This year, Argentina has been classified “Not Compliant.” The text of the… -
Singapore and The Hague Convention
3 May 2012 | 3:07 pmWith effect from May 1, 2012, the 1980 Hague Convention on the Civil Aspects of International Child Abduction has entered into force between the United States and Singapore. This means that if a wrongful taking or retention of a child from Singapore to the United States or from the United States to Singapore occurred on or after May 1, 2012 the Hague Convention may be used to secure the child's return. We work on many U.S. - Singapore child abduction and child custody matters. -
Divorce Law in Korea
1 May 2012 | 11:58 amA new article on Korean Family Law has been added to my website at international-divorce.com. This article discusses the legal grounds for a divorce in Korea, the statutes that govern financial issues in Korean divorce cases, and how Korean courts handle "choice of law" issues in these cases. The article also focuses on Korean recognition of foreign divorce decrees, outlining how these foreign judgments will be valid and enforceable in Korea. Please follow the below link to read our full article on Divorce Law in Korea. …
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New Jersey Family Law
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DIVORCE BUTLER MADISON PARSIPPANY SUCCASUNNA MORRIS COUNTY NJ DIVORCE CHILD SUPPORT GUIDELINES LAWYER MEDIATOR
15 May 2012 | 12:51 pmAfter New Jersey divorcing parties initially consent to an above-guideline level of child support in their divorce agreement, and there are post-divorce changed circumstances warranting a support review, do the New Jersey Child Support Guidelines apply? Musico v. Musico, N.J. Super. (Ch. Div. 2012); New Jersey Ch. Div., May 14, 2012 Download Liszt -
HACKENSACK MAHWAH BOGOTA ALPINE BERGEN COUNTY NEW JERSEY EQUITABLE DISTRIBUTION COLLEGE ATTORNEY MEDIATOR
15 May 2012 | 12:31 pmThe New Jersey divorce judge acted properly in using most of the funds available for equitable distribution to set up a college fund for the children, even though it meant the lawyers might not get paid. Sauro v. Sauro and Budd Larner. P.C., N.J. Super. (App. Div. 2012); New Jersey App. Div., May 11, 2012 -
BERGEN ESSEX HUDSON MORRIS COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY PARENTING TIME
10 May 2012 | 12:49 pmBecause these New Jersey parents could not agree on how to share parenting time concerning their children, the New Jersey divorce judge was forced to craft a schedule for them. The court's decision is affirmed on appeal. J.M. v. J.R., New Jersey App. Div., May 10, 2012 -
FAIRLAWN PARAMUS ORADELL WALDWICK BERGEN COUNTY NEW JERSEY DIVORCE PRIVATE SCHOOL TUITION MEDIATION LAWYER
10 May 2012 | 8:33 amDid these divorced New Jersey parents verbally agree regarding the payment of private school expenses for their unemancipated children? Because there was no written agreement, the New Jersey divorce judge was required to conduct a trial. Stone v. Stone, Jr., New Jersey App. Div., May 9, 2012 -
NJ ALIMONY CHILD SUPPORT IMPUTED INCOME VOCATIONAL EXPERT DIVORCE LAWYER
9 May 2012 | 11:55 amIf New Jersey divorcing parties cannot agree as to their actual or imputed incomes for purposes of fixing either alimony or child support, one or more vocational aptitude experts may be brought in. Blancas v. Blancas, n/k/a Kramer, New Jersey App. Div., May 8, 2012
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Family Lore
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Déjà vu
16 May 2012 | 6:45 amChildhoodI've just returned from a walk into town. On the way back, I decided to take a short detour via a road that I thought I had never been along before, despite living here for most of my life.As I did so, I was overwhelmed by a sense of déjà vu, taking me way back to my childhood in the 1960s. Whether I had in fact been along that road in my childhood, or whether (more likely) its barely altered Victorian and Edwardian houses simply reminded me of so many streets I knew when I was a child, I could not say.What has this little story got to do with family law? Well, not a lot, but the… -
Family Arbitrator: A useful resource
14 May 2012 | 9:36 amFamily arbitration received a somewhat mixed reception when it was launched in February. This was at least in part due to a lack of understanding as to the status of arbitration in a family law context, and as to the exact procedures involved. For this reason, I thought it would be useful to publicise a new resource for information on the subject.Family Arbitrator is a group of (at present) three qualified family arbitrators, comprising former High Court judge Sir Peter Singer and barristers Gavin Smith and Rhys Taylor. Obviously, Family Arbitrator was established to market their arbitration… -
LoreCast for the week to the 14th May 2012
14 May 2012 | 4:39 amYou guessed it: Natasha and I bring you the top family law news stories and cases from the last week, in a short, easy to listen podcast:(Those without Flash can listen here.) -
Something for the Weekend: Apocalypse Now - Kilgore talks surfing and napalm
11 May 2012 | 6:01 pmThe famous line has become something of a cliché these days, but this is still a wonderful scene from one of my favourite films. I particularly love the look on Willard's (Sheen's) face at the end of the clip. -
BLEAK SPOUSE: Chapter 11 – Lady Wedlock
11 May 2012 | 3:00 amGRIM GRANGE. John Jaundiced has decided that the children Clint and Chantelle spend far too much time in front of their PlayStations, so he asks Prissy to take them for a walk in the countryside around the Grange. The request does not go down well, either with Prissy or the children, but John is adamant.The three young people don their best Nike Air-head trainers and head off into the nearby woods. Soon, however, they are quite lost, as their mobile phones are unable to obtain a GPS signal.They wander around for what must be minutes, before they are arrested by two burly security guards.
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Toronto Family Lawyer Blog
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Time-Limited Spousal Support Award despite a Lengthy Relationship
7 May 2012 | 2:41 pmDavies v Quantz, 2010 CarswellOnt 9748 (Ont CA) The following judgment was an appeal from the Ontario Superior Court of Justice. The decision of Justice Marshman, which was subsequently upheld by a unanimous Court of Appeal, dealt with the duration and amount of spousal support under the with-child support formula of the Spousal Support Advisory Guidelines (SSAG). This case involved a couple who, although married 11 years, cohabited for a period of 18 years and 3 months. A crucial factor in Justice Marshman’s analysis was the fact that Ms. Davies (the wife) was highly educated. … -
Justice Corbett: TD Bank could not have known mortgaged house was matrimonial home
4 May 2012 | 1:57 pmThe matter of Pessotski v. Toronto Dominion Bank was heard by Justice Corbett of the Ontario Superior Court of Justice in April of 2011. The spouses in this case had separated and Mr. Pessotski encumbered [laid claim to] the matrimonial home to two separate lending institutions (one of which was the TD Bank) under false pretences – he told them that he was not married. This is a significant lie to tell within the context of both family law and real estate law because as a result of these unilaterally sought after and executed transactions, Ms. Pessotski did not consent to the loans, which… -
Hawkins v. Huige: Appeal from an Order to Vary Child Support
13 Apr 2012 | 1:49 pmThe following decision of the Ontario Court of Appeal which was heard and released orally on April 3, 2012, deals with an appeal from an order made varying child support. The appellant claims that the appeal should be heard and the order set aside for the following reasons: She did not receive proper notice of the variation motion, and As a result of the improper notice received, she did not attend on the motion, the result of which was an order varying child support. Prior to the judges even hearing the appellant’s arguments, however, the respondent brought a preliminary motion and asked… -
Interim Costs and Disbursements: Bagheri-Sadr v. Yaghoub-Azari
25 Mar 2012 | 6:50 amThis case deals with a motion brought by the respondent/wife for imputations of income to the applicant/husband, temporary spousal and child support and interim disbursements. The respondent/wife is asking the court to impute income to the applicant/husband in the amount of $325,000.00 and from there, make temporary orders for child support in the amount of $4,022.00 per month and spousal support in the amount of $8,230.00 per month. The respondent/wife is also seeking approximately $150,000.00 to be paid towards interim disbursements. The applicant/husband brought a cross-motion seeking an… -
The Cost of Your Financial Secrets
16 Mar 2012 | 10:56 amAn important aspect of many family law matters is the exchange of financial disclosure. The information pertaining to an individual’s annual income, as well as information pertaining to his or her assets and liabilities as at the date of marriage and the date of separation, is required to properly quantify child and spousal support obligations, if any, and calculate the equalization payment that may be owed from one party to the other. The cases that are resolved swiftly and amicably are those where each party is quick to disclose all relevant financial information. Refusing to provide…
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Illinois Divorce Lawyer Blog
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"Back From the Edge" - Borderline Personality Disorder
4 May 2012 | 9:56 amI reviewed this video very recently and was impressed with the quality and depth of it. Some of the leading clinicians in the area of BPD are present in this video, along with personal stories from some very courageous people. In my divorce and custody practice, there is a focus on custody issues when one of the parents has traits of BPD. Some of these traits are discussed in this video. It is very important that when involved in a custody case with BPD, that the safety of the children is paramount, but that the parents in these cases be viewed with understanding and compassion, as well. -
Allocating Marital Property
16 Apr 2012 | 8:47 amA decade ago, couples that were divorcing could count on a fairly expedient sale of their marital home, and at the time of the closing of the sale of the home, there would be a payout that would leave one or both of the parties with cash to either start over in their new life, or use the cash to fund a downpayment on a new residence. In recent years, we have seen home values plummet, and home equity values evaporate. People in divorce today speak of their home as the marital "asset," yet in many cases, the marital residence is a significant marital liability that must be managed with some… -
Borderline Personality Disorder
14 Mar 2012 | 1:31 pmNew Bears wide receiver Brandon Marshall discusses his diagnosis of and treatment for Borderline Personality Disorder: Much of my work in divorce and custody litigation, along with some research and writing that I have done, has focused on divorce cases with a personality disorder involved. BPD and NPD present in a number of high conflict custody cases, and the tendency of people with BPD and NPD to act out, rage, blame others, and even target their spouse in divorce with false allegations is common. As Mr. Marshall describes, BPD is treatable, yet very few have the ability or resource to… -
Kane County Divorce Lawyer: Top 10 Reasons
11 Mar 2012 | 10:12 pmMindy Smith wrote an interesting article in the Huffington Post last year on the "Ten Signs Your Marriage is Headed for Divorce." I may not agree completely with her Top 10 List, but I include it for interesting reading. She listed the following: RED FLAG #10: If your spouse is facebooking with his or her high school sweetheart on a daily basis, you may be heading for a divorce. RED FLAG #9: If you spouse has gained more than 20% of his or her body weight, you may be headed for divorce. RED FLAG #8: If you spouse is donning sexy new underwear all of a sudden, you may be headed for divorce. I… -
DuPage County Divorce Attorney: Parent Alienation
4 Mar 2012 | 7:12 pmWith the recent publication of Jill Egizii and Judge Michele Lowrance's workbook "Parental Alienation 911," more attention is being focused in Illinois on parental alienation, it's pathology, and ways to address it. The Honorable Judge Gomery of Canada once stated, “Hatred is not an emotion that comes naturally to a child. It has to be taught. A parent who would teach a child to hate the other parent represents a grave and persistent danger to the mental and emotional health of that child.” So, what are possible causes of Parental Alienation? Intentions differ from one parent to the next,…
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New York Personal Injury Lawyer Blog
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Employee Injured at Work-Site
15 May 2012 | 9:40 pmA married woman owned a property with a two-car garage. She decided to renovate the two-car garage by making it over into a guesthouse with a fireplace. She hired a general contractor to secure the necessary permits and licenses needed for the project; to hire and to supervise sub-contractors for each and every phase of the work; and to purchase insurance to shield the owner from suits in damages for any accidents that may occur during the renovation at the worksite. The general contractor hired a company that constructs and installs drywall. It also hired a rock supplier to provide and… -
Women Slips and Falls in Public Restroom
15 May 2012 | 9:39 pmA woman went to a fast-food burger joint and ate there. After finishing her meal, she went to use the bathroom. She waited a while to use the bathroom as another lady was still using the bathroom when she got there. When she entered the bathroom, as she passed the sink to go to the toilet, she had a slip and fall because of a puddle of water. After her slip and fall, she cleaned up herself and limped out of the bathroom. As she left, she saw a yellow caution (wet floor) sign outside the bathroom area. The sign was folded near the wall of the men’s bathroom. She reported her slip and fall to… -
Plaintiff Sues for Erroneous Medical Advice
14 May 2012 | 9:07 pmIn June 1969, a woman gave birth to a baby but the baby survived only for five hours. The baby had polycystic kidney disease. This is a genetic and hereditary disease but the couple did not know this at the time of the birth of their first baby. After their first baby was born and soon after the baby died, the woman and her husband spoke to the obstetricians who took care of her during her first pregnancy. A New York Injury Lawyer said the couple asked the obstetricians plainly if the woman gets pregnant again, would their baby also have the same disease that their first baby died of. The… -
Court Decides of Insurance Company should Provide Liability Coverage
14 May 2012 | 5:22 pmThe appellant is State Farm Mutual Automobile Insurance Company. Jacques Laguerre et al. Are listed as defendants and Petter A. Gozzi is named as a respondent. Results The initial order from the original suit was reversed as was appealed for in regards to the portion of the original complaint. The plaintiff looked for summary judgment that would remove any obligation to defend and provide liability coverage to Jacques Laguerre. This defense was to have been in regards to a car crash that occurred on February 11, 1999. Petter A. Gozzi also filed a cross-motion that would force the plaintiff to… -
Plaintiff Suffers Serious Slip and Fall, Sues Landlord
12 May 2012 | 9:40 pmSlip and fall cases have become synonymous with fakery in our society. Most of the time, this is not the case. A New York Injury Lawyer said real injuries that are painful and life changing can come as the result of a slip and fall anywhere. When it happens as the result of another person’s negligence, it needs to be handled in a court of law. However, it is important that the person who was injured is able to explain what happened and why the incident was not just a simple accident. In order for the slip and fall to be heard in a court of law, the person who fell must be able to show that…
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New Hampshire Family Law Blog
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Raising Hope Custody Drama: Real or Not Real?
23 Apr 2012 | 12:47 pmOne of my favorite blogs is Law and the Multiverse. The blog’s premise is to take fictional situations from movies, comic books, and televisions shows and discuss the legal ramifications by applying relevant law. Have you ever wondered whether mutants are a protected class? They have the answer. Want to know whether superheroes have a duty to rescue? Check here. Ever thought they just got the law wrong in Snakes on a Plane? You were right. I must have had this blog on the brain while watching Fox’s comedy Raising Hope. The show ended its second season with a courtroom… -
Contempt of Court
11 Apr 2012 | 11:29 pmThroughout my years practicing law and in my role as a guardian ad litem, I often hear misconceptions about contempt. Usually I hear statements along the lines of “I don’t want a criminal record” or “if I am found in contempt I will be arrested.” This post is intended to dispel some of these misunderstandings and to set the record straight. Contempt can be civil or criminal, direct or indirect. The difference between civil or criminal lies in the purpose of the punishment. Direct or indirect contempt contrasts between acts committed either in the… -
Understanding Same-Sex Divorce
27 Jan 2012 | 1:26 pmIn November, I authored an article on same-sex marriages in the New Hampshire Bar News geared towards helping practioners understand unique issues in same-sex divorces. I reprint here the full article: Practicing family law in one of the six states that recognizes same-sex marriage requires an understanding of the unique challenges that same-sex couples face in a divorce. Usually, a divorce provides a mechanism to dissolve the legal relationship, divide property and establish parental rights and responsibilities. Although same-sex couples can dissolve their marriage in New Hampshire, reaching… -
Address notification requirements and domestic violence restraining orders: How to comply with conflicting orders
18 Jan 2012 | 10:08 amQuestion: Do I still have to notify the other parent about moving pursuant to the relocation statute if there is a domestic violence restraining order and my address is confidential? Answer: The statute states that the notice requirement applies in all parenting rights and responsibilities cases unless specifically addressed otherwise in the parties’ existing order or agreement. If there is a court order stating that you do not have to comply with the relocation law, then no notice is needed. Similarly, if the move results in your moving closer to the other… -
Thompson v. D'Errico: Order your transcript for your appeal!
27 Dec 2011 | 11:01 pmThe Facts The plaintiff, Linda Thompson, filed a domestic violence petition against the defendant, Christopher D’Errico requesting an order of protection. After an evidentiary hearing, the Court issued a final order of protection, and made findings that the defendant had on a daily basis sent text messages to the plaintiff using “extraordinarily foul language”, that the defendant had made reference to a having a loaded shotgun, and that a family friend had to interfere to stop the defendant from putting his…
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Dads Divorce and Fathers Rights Blog
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Is Your Ex-Wife Ignoring Your Children During Parenting Time?
14 May 2012 | 7:00 pmBy Julie Garrison Special to DadsDivorce.com What happens when a divorced dad has been noticing that his ex-wife's parenting time has been increasingly interrupted with activities that she seems to place above her children? There are many stories on the DadsDivorce.com divorce forum where fathers tell of their ex-wives being on the phone all day texting their new boyfriend "Mr. Wonderful" or plopping the kids in front of the TV for five hours while she’s out with friends. Here are some real-life examples of when parents do not use their parenting time effectively: -
I Agreed To A Temporary Alimony Order I Want To Change. What Should I Do?
14 May 2012 | 7:00 pmQuestion: My wife hired a divorce lawyer after we filed for separation, but I am representing myself pro se. I am not pleased with the alimony order her lawyer drafted, but I have already agreed to it "temporarily." What should I do in order to have the terms of the alimony order changed? -
How To Find Hidden Assets In Divorce
13 May 2012 | 7:00 pmBy Grant Webb Bisk Education In divorce cases where hidden assets are suspected, it is often the husband who has been accused of concealing accounts or funds that might be used against him during the settlement proceedings. However, this fraudulent financial activity is not limited to just men. More and more women are in charge of handling their family’s finances, meaning that a woman may be just as likely to hide assets from her husband in order to manipulate a ruling in her favor. The important thing to know is that when one spouse possesses the bulk of a household's financial… -
What Is A Mediator's Role In Divorce?
13 May 2012 | 7:00 pmQuestion: I am about start to mediation in the divorce process and my wife is insisting that the mediator is going to side with her on certain child custody and parenting time issues. I thought mediators were not allowed to make those types of decisions and were only there to help us reach a joint agreement. Can a mediator dictate our divorce terms? What is a mediator's role in divorce? -
Child Support: Do You Have To Report Increased Income To The Court?
11 May 2012 | 7:00 pmQuestion: I was recently promoted and will receive an increased salary. Since I pay child support to my ex-wife am I legally obligated to inform her or the court of my increased income? I assume that would automatically result in a child support modification and an increase in my payments.
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Alabama Divorce & Family Law Attorney Blog
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Birmingham Divorce Attorneys: Long Engagements More the Norm
10 May 2012 | 10:19 amWhen it comes to a Birmingham divorce, couples aren't foolish. They know when they tie the knot, there is sadly a 50-50 chance the union will end in divorce court. What Birmingham divorce attorneys have seen is that this knowledge has given rise to an increasingly common trend: the long engagement. CNN recently chronicled this phenomenon, indicating that the trends have shifted tremendously over the last 40 years. Where it used to be the man would pop the question in the fall and the lovebirds would be wedded by spring, now we rarely bat an eye if a couple's engagement period extends past the… -
Alabama Divorce, Marriage Can Cause Weight Gain, Study Shows
1 Sep 2011 | 11:52 amFew people consider the possible changes in health when they marry or when they get divorced. But a new study by Ohio State researchers found that women are more likely to gain weight after marriage while men put on a few extra pounds when they get divorced. While neither of these things will likely influence whether a couple gets married or divorced, many other factors do. Infidelity, financial stress, problems with the children and domestic violence are all factors that can lead to a divorce in Birmingham. Whatever the reason for a divorce, an experienced Birmingham Divorce Lawyer will… -
Marriage and Divorce Rates Higher in Alabama, South Than Northeast, Census Says
30 Aug 2011 | 10:24 amA recent report by the U.S. Census Bureau indicates that where you live may influence your marriage and your willingness to divorce, USA Today reports. Alabama was among seven states, along with Arkansas, Georgia, Kentucky, Mississippi, Oklahoma, Tennessee and Texas with the highest marriage rates and highest divorce rates in the country, the report states. Divorce in Alabama, or anywhere else for that matter, can be a difficult process. And regardless of where you live, it can be made much easier by hiring an experienced Birmingham Divorce Lawyer. A good lawyer will take into… -
Is There Such a Thing as a Good Alabama Divorce?
25 Aug 2011 | 1:08 pmThe Huffington Post recently published an article that poses the question: Can "good" and divorce" be in the same sentence. Birmingham Divorce Attorneys believe they can be. Divorce in Alabama can be a stressful time in a person's life. Questions of financial security, how assets will be divided, where the kids will live and when will visitation be are all big questions for a couple getting divorced. But while hearts may be broken and frustration levels remain high, the situation can be made more tolerable with the help of an experienced Birmingham Divorce Lawyer. In Alabama,… -
Study: Growing Older Doesn't Reduce Birmingham Divorce
22 Aug 2011 | 12:59 pmA recent study found that conflict levels remain largely unchanged in a marriage over time, debunking the notion that as people get older they mellow out in marriage, CBS News reports. Whatever the age of the spouse, divorce in Birmingham can be a difficult if there is major conflict in the marriage. Constant arguments, bad feelings or other conflicts make life stressful; an experienced Alabama Divorce Attorney can help take some of the emotion out of the equation. As the Alabama Divorce & Family Law Attorney Blog recently reported, later in life divorces can leave spouses with many…
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Domestic Diversions
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Are parents more happy and satisfied or less?
7 May 2012 | 12:07 pmUSA Today updates us on the research addressing parental happiness. The new studies points toward parents today being happier than married couples without children. Sharon Jayson writes of the two studies (excerpt): “We find no evidence that parental well-being decreases after a child is born to levels preceding the children, but we find strong evidence that [...] -
The price of staying connected to technology
17 Apr 2012 | 7:08 amThe ABA General Practice-Solo Section shows what might happen when you disconnect from technology–you might just think! Steve Andersen writes (excerpt): But are we forgetting what it’s like to take our time and to think, process, and create? To do one thing at a time? To do it well? And to actually enjoy it? Studies show that [...] -
The happiness advantage: 5 tips for being happy each day and enjoying more success
19 Mar 2012 | 10:07 amCNN shows us how happiness promotes success and how daily habits promote happiness. Shawn Achor offers these five tips for transforming your attitude (excerpt): • Write down three new things you are grateful for each day; • Write for two minutes a day describing one positive experience you had over the past 24 hours; • Exercise for 10 minutes [...] -
Top tips for taking care of each other in stressful times
6 Mar 2012 | 6:56 amUSA Today addresses how stress affects relationships, especially honeymooners and the first five years of marriage. Sharon Jayson includes this sidebar of 5 tips for handling stress and having a successful marriage (excerpt): Don’t let stress sabotage your relationship, says Thomas Bradbury, co-founder of the UCLA Relationship Institute. His advice: 1. Get stress on your radar. Learn to [...] -
Meaning, purpose, happiness and generosity: The health of marriage and family life in America
1 Feb 2012 | 5:16 amThe States of Our Unions report, by the National Marriage Project, delves into the health of marriage in America. The Executive Summary includes remarks on being a parent and navigating the marital relationship (excerpt): In this report, we find that married parents are more likely than their childless peers to feel their lives have a [...]
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Florida Domestic Partnership Law Blog
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What You Should Put in a Domestic Partnership Agreement
15 May 2012 | 1:00 pmIt’s important for gay couples to have domestic partnership agreement (also known as joint property agreements). These agreements help clarify who owns what and what would happen if you were to break up. The most common piece of property warranting a domestic partnership agreement is a house.The agreements are particularly important if domestic partners have unequal ownership in property. For example, one guy puts $50,000 down on the house and the other guy puts $0. The guy who put down $50,000 will want a domestic partnership agreement to show that he has more ownership in the house… -
Does Domestic Violence Statute Apply to Same-Sex Couples?
8 May 2012 | 11:11 amThe Florida domestic violence statute, found at 71.248, applies to family or household members. The law defines a family or household member as:Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling… -
Why the Best Benefit of Gay Marriage Is the Right to Get Divorced
26 Apr 2012 | 7:45 pmPeople supporting gay marriage often cite many benefits, but believe it or not, the best benefit of gay marriage would be the right to get divorced.With divorce, society has created this whole mechanism where you can go to court and say, ”Judge, we don’t like each other anymore, and we neeed help. We’ve been together 20 years, we’ve got all this stuff. Help us dissolve our relationship and divide up assets and debt.”Just like straight couples, most gay couples don’t get prenups or domestic partnership agreements. They say, “Oh, it’ll last forever and… -
What Attorneys Should Ask in an Initial Consultation with LGBT Clients
23 Apr 2012 | 5:55 pmThe best way for family law attorneys to help gay people who come to them for help is to ask the right questions. LGBT family law in Florida and elsewhere can be very complicated, and if you don’t ask the right questions in the initial consultation, you may not pick up on certain issues.Here are some of the things I ask about:Did They Get Married?Is the couple already married? Was the marriage in another jurisdiction? If so, educate them that their marriage is invalid. No benefits whatsoever. Make sure they understand that the only protection they have is through legal documents.They… -
For Gay Marriage, Should Floridians Go to D.C.?
18 Apr 2012 | 4:59 pmGay marriage in Florida is prohibited, so same-sex couples in Florida that have been together a few years often wonder, “What is our next step?”Maybe you keep calling yourselves boyfriends or girlfriends. Or maybe you say partners. Or perhaps even you have a “commitment ceremony.”But what do you do if what you really want is to get married?Previous Advice: Don’t Do ItI usually advise couples against resorting to out-of-state gay marriage. While the emotional benefit is real, in Florida the legal benefits are not. It can also create a false sense of security,…
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NJ Family Issues
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The introduction of evidence concerning other crimes, wrongs, or acts is prohibited when offered to prove the disposition of a person to engage in unlawful conduct
15 May 2012 | 10:36 amLaw Lessons from STATE OF NEW JERSEY V. RONALD L. JONES, JR., __ N.J. Super. __ (App. Div. 2012), A-5186-10T2, April 17, 2012: N.J.R.E. 404(b) prohibits the introduction of evidence concerning “other crimes, wrongs, or acts [when offered] to prove the disposition of a person” to engage in unlawful conduct. “‘The underlying danger of admitting other-crime evidence is that a jury may convict the defendant because he is a bad person in general.’” State v. Rose, 206 N.J. 141, 159 (2011) (quoting State v. Cofield, 127 N.J. 328, 336 (1992)). As the Court observed… -
When seeking to modify custody, the party must demonstrate changed circumstances that affect the welfare of the children
15 May 2012 | 10:31 amLaw Lessons from KATHLEEN LANE V. ANDREW LANE, JR., App. Div., A-5645-09T3 / A-3401-10T3, April 16, 2012: When seeking to modify custody, the party “must demonstrate changed circumstances that affect the welfare of the children.” Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007). This derives from the court’s “parens patriae responsibility, which authorizes the court to intervene where it is necessary to prevent harm to a child.” Segal v. Lynch, 413 N.J. Super. 171, 181 (App. Div.), certif. denied, 203 N.J. 96 (2010). “A plenary hearing is required when… -
The issue is not whether a parent needs the child support, but whether the children residing with that parent need it
15 May 2012 | 10:28 amLaw Lessons from LAURA SEUFFERT V. PAUL SEUFFERT, App. Div., A-2913-10T4, April 16, 2012: It is well established that a parent cannot waive a child’s right to child support because the right belongs to the child. Gotlib v. Gotlib, 399 N.J. Super. 295, 304-06 (App. Div. 2008). Consequently, the issue is not whether a parent needs the child support, but whether the children residing with him need it. Note: There is a print link embedded within this post, please visit this post to print it. NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. The issue is not whether a parent needs the… -
What does and does not constitute cohabitation
15 May 2012 | 10:26 amLaw Lessons from LAURA SEUFFERT V. PAUL SEUFFERT, App. Div., A-2913-10T4, April 16, 2012: In Konzelman v. Konzelman, 158 N.J. 185, 202 (1999), the Supreme Court’s analysis explained what does and does not constitute “cohabitation”: A mere romantic, casual or social relationship is not sufficient to justify the enforcement of a settlement agreement provision terminating alimony. Such an agreement must be predicated on a relationship of cohabitation that can be shown to have stability, permanency and mutual interdependence. . . . The ordinary understanding of cohabitation is… -
When seeking to modify an alimony obligation, the party must demonstrate that changed circumstances have substantially impaired his or her ability to support himself or herself
15 May 2012 | 10:24 amLaw Lessons from LAURA SEUFFERT V. PAUL SEUFFERT, App. Div., A-2913-10T4, April 16, 2012: A trial judge has broad discretion in reviewing an application to modify alimony. Storey v. Storey, 373 N.J. Super. 464, 470 (App. Div. 2004) (citing N.J.S.A. 2A:34-23; Innes v. Innes, 117 N.J. 496, 504 (1990)). “As a result of this judicial authority, alimony and support orders define only the present obligations of the former spouses. Those duties are always subject to review and modification on a showing of ‘changed circumstances.’” Lepis v. Lepis, 83 N.J. 139, 146 (1980). Even…
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Pennsylvania Family Law
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Study Indicates that Divorce Adversely Affects Childhood Development
7 May 2012 | 7:11 amA study conducted by the University of Chicago and Georgetown University revealed that children whose parents divorce when they are between three and five years old are more likely to have to behavior problems than older children, such as middle school or adolescent children. That divorce has an adverse impact on child development should come as a surprise to no one; considering the emotional and daily routine disruption of moving from a two parent household to a single parent household, there undoubtedly be a lasting impression left on a young child.I assume that for the 3,492 children… -
New Law Gives Military Parents More Custody Options When They Deploy
30 Apr 2012 | 10:06 amA recent revision to Pennsylvania’s custody and military affairs statutes has made it easier for deployed or deploying service men or women to address custody cases and assign their custody rights to family members. Sen. Lisa Baker, a Pennsylvania state Senator representing portions of Luzerne, Pike, Susquehanna, Wayne, and Wyoming Counties (Pa. 20th District) introduced the bill which was signed into law on April 12th. The most important aspect of this revision occurs in military affairs statute (51 Pa.C.S.A. § 4109) which was expanded to allow a service-member who is on… -
Cohabitation Does Not Always Lead to Happy Marriages
18 Apr 2012 | 5:32 pmAdvising individuals as to how to handle their cohabitation with a significant other is becoming an increasingly important aspect of my practice. There are many studies, theories, and myths as to the impact (positive or negative) on whether cohabitating before marriage is beneficial or detrimental to a marriage. A recent New York Times article addresses this very issue and finds that the results from a study by the National Marriage Project at the University of Virginia indicate that those who cohabit are less satisfied with their marriages.The intriguing part of the study is… -
RELOCATION NARROWLY CONSTRUED IN A NEW SUPERIOR COURT OPINION
30 Mar 2012 | 8:58 amSince the new custody statute and relocation provisions came into effect in 2011 we have had only one reported decision analyzing the statute. E..D. v. M.P. 2011 WL 5392990. That changed on Tuesday with the publication of CMK v. KEM, a case decided by the Superior Court affirming a Mercer County decision denying relocation.The salient facts are that the child was almost seven at the time the relocation hearing took place. Both parents lived in Grove City, Mercer County. They never married. Mother had primary physical custody following separation in July, 2008. -
ARE PERSONAL INJURY CLAIMS MARITAL PROPERTY? AN OLD QUESTION REVISITED?
12 Mar 2012 | 12:53 pmIn a case decided late last year the Pennsylvania Supreme Court visited an old and persistently nagging question. Are personal injury settlements marital property where the injury occurred before separation but the trial or settlement of the claim occurred afterward? In Focht v. Focht, the husband was injured at a raceway in Leesport, PA in April, 1999. He and his wife retained counsel shortly after the injury with the wife raising a claim for loss of the consortium of her husband (i.e, his services as a spouse). A divorce action was initiated in early 2004. The…
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Decoupling Seattle Family Law and Divorce Blog
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With Glass Ceiling “Pierced”, More Women Pay Spousal Support
10 May 2012 | 12:59 pmAlthough “alimony” is still commonly perceived to be a man’s burden, more and more women are providing financial support to their exes during or after a divorce. A recent survey of the members of the American Academy of Matrimonial Lawyers indicates that 47% of American divorce lawyers have seen an increase in the number of women ordered to pay… -
Do I Need a Prenuptial Agreement?
4 May 2012 | 1:33 pmQuestion My fiance and I are getting married this summer. A couple of nights ago, he mentioned that one of his buddies said we should look into getting a prenup before the wedding. Neither of us have much property to speak of, and my fiance’s small business is still getting off the ground. Is this really something we need? … -
Painful Memories Transformed Into “Representations of the Unconscious Self.”
27 Apr 2012 | 5:32 pmFor the last ten years, artist Mercedes Gertz has been turning painful artifacts – wedding photos from doomed marriages – into stunning works of art. Using a scanner, Gertz and her collaborator, Nancy Louise Jones, transform unwanted bridal portraits into mandalas – circular diagrams that originated in Hindu and Buddhist spiritual artworks. Karl Jung once deemed mandalas “a representation… -
Can I Get Custody of My Niece?
17 Apr 2012 | 12:05 pmQuestion My younger sister has a seven year old daughter. The dad’s been out of the picture for years, and lately my sister has too. While I don’t know for sure, I suspect that my sister is abusing drugs. She lost her job about a year ago, and since then she’s been relying on me for “baby-sitting” more and more… -
Finding “Fault” in the (Silly) Little Annoyances.
13 Apr 2012 | 12:33 pmUnlike in the U.S., where “no fault” divorces are now standard in every state, family courts in England still require a finding of spousal misconduct before a divorce will be granted. Along with adultery or abandonment, an aggrieved spouse may cite “unreasonable behavior” as the grounds for divorce. According to some lawyers there, this often means that divorcing parties have…
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Jacksonville Divorce Lawyer Blog
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Mediation and Other Options for a Florida Divorce, Part I
15 May 2012 | 8:30 amWritten by: Lenorae Atter, Attorney at Law Options in a Florida divorce exceed beyond having to go to a trial. In a world where divorce seems an agonizing process and we are often inundated with horror stories of years of litigation, spouses dragging each other through the muck, and much more. However, in Florida, there are other ways to get divorced instead of simply committing to litigation or trial. The options consist of the following: pre-filing mediation; collaborative divorce; an uncontested divorce; filing for divorce and then going to mediation. As a Jacksonville divorce lawyer, I… -
In Florida, Can Alimony Increase Due to Inflation?
11 May 2012 | 8:45 amWritten by: Lenorae Atter, Attorney at Law As a Jacksonville divorce lawyer, I often educate my clients on the fact that alimony in Florida is modifiable given a substantial change in circumstance, unless agreed by the parties as nonmodifiable. Inflation is an involuntary change in the economy and impacts living expenses, including utilities, food prices, etc. As such, inflation may impact the amount of alimony necessary to sustain an individual from day to day. When permanent alimony is awarded, such as in long-term marriages (greater than 16 years of marriage) or in cases where a spouse has… -
Custody and Visitation in a Florida Military Divorce or Paternity Case
9 May 2012 | 8:30 amWritten by: Lenorae Atter, Attorney at Law Jacksonville, Florida is home to many military families and as a divorce lawyer and family law attorney in the area; I find it important to educate my clients on some nuances that may occur when dealing with children in a military. In dealing with military divorce or paternity cases, the common issues that arise are visitation and custody; now considered time-sharing in Florida. In a military family, the one thing that members of the family become familiar with is the idea that where you live now may not be where you live in six months or six years. -
Florida Divorce: Why Custody Plan Evaluations Are Important
8 May 2012 | 8:30 amWritten by: Lenorae Atter, Attorney at Law First, the Florida legislature changed child custody to "primary timesharing parent" in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, "custody." As a Jacksonville Florida family law and divorce attorney, dealing with paternity cases and divorces with children, custody issues often arise and the Social Evaluation is an important factor in helping the parents better understand the issues facing the children, and the evaluation assists the… -
Domestic Violence Can Impact Family and Unrelated Victims
3 May 2012 | 10:10 amWritten by: Lenorae Atter, Attorney at Law Domestic violence issues in Florida and throughout the country can be seen in even the most heinous of crimes. Sometimes, the domestic violence can be a precursor for violence on others, including innocent, unrelated victims. A recent case is the much publicized case involving Jennifer Hudson’s family, but a case that struck many of us throughout the country, the sniper shootings in Virginia, also started with domestic violence. Mildred Muhammad, ex-wife of DC Sniper John Allan Muhammad, gave an interview to Larry King the night before her husband…
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Attorney O's Midnight Musings: Connecticut Law
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Connecticut Court Filing Fees May Rise in July
15 May 2012 | 7:00 amFor the second time since 2009, some filing fees for court actions in Connecticut will rise, if Governor Malloy signs the bill that proposes the changes. These increases are meant to generate in excess of $4.8 million annually for legal aid agencies, which have been severely underfunded in recent years. That underfunding has necessitated lay-offs and the increased revenues are expected to stave off additional layoffs in the immediate future. If the bill becomes law, the fee to file civil and family actions will increase to $350 on July 1, 2012, while small claims actions will increase to… -
Parenting Education Classes for Divorcing Couples
14 May 2012 | 10:30 amIf you are involved in a pending divorce action in Connecticut and you have minor children, you and your spouse are required to attend Parenting Education classes before the divorce becomes final. Some people balk at this notion. The reason for the classes, folks, is that both parents must remain mindful that the children will be affected by the divorce. It is important to remain civil to your spouse — no matter what — and not to put your children in the middle. Online parenting classes won’t cut it, so don’t waste your time and money. Many judges will refuse to… -
Polish-American Happy Hour Networking Event
11 May 2012 | 12:31 pmLast night, I had the pleasure of attending the 17th Polish-American Happy Hour at the Polish National Home in Hartford, Connecticut. The purpose of the event is for business professionals to meet and network. It was my first time as a participant. Thanks to my colleague, Attorney Adrian Baron (author of The Nutmeg Lawyer Blog), for the invitation. My colleague, Evelyn Gryk Frolich also joined us. I’m told that each networking event features delicious complimentary hors d’oeuvres, a limited open bar and raffles that include gift certificates from local businesses. Past… -
Fast Friday Round-Up 5/11/12
11 May 2012 | 7:00 amIn the weekly Fast Friday feature post, I present links to news items I’ve collected throughout the week. Most are current, others are tidbits I come across in my surfing moments that I think might be of interest. Maryland Enacts Country’s First Social Media Password Law Fox News guest laments ‘mistake’ of letting women vote … All I can say is, “Yikes!” This next one frightens me even more than the last link … she believes all abortions should be performed in public. Lila Rose: The Church Must ‘Rise Up’ Because ‘This is Our Nation’… -
If Elected President I Will…
10 May 2012 | 7:00 amBefore the rumors get started, no, I’m not running for President. My friends have joked that I’d make a great President for a variety of reasons (most of which I’m sure you’d rather not know) but honestly, I’m just not in a politicking sort of mood. That said … If I were to run for President, my platform would be simple: 1) Mandatory 4-day work weeks for everyone. Well, maybe 3-day work weeks. I haven’t decided yet. I have time. 2) Mandatory retirement with full Social Security benefits at age 55. (That was my cousin’s idea. I…
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Al Nye The Lawyer Guy
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Jacques deVillier on Fire
15 May 2012 | 8:48 amA good friend of mine who owns Old Port Wine & Cigar, Jacques deVillier, has recently decided to begin an exercise program that involves lots of walking. He's even walked 5k and 10k races -- including the just completed Sea Dog's Mother's Day 5k as shown below. For the full effect, when looking at the picture, click on the music link below it. Vangelis - Chariots of Fire Theme -
In Jail and having sex --
14 Mar 2012 | 8:58 amTalk about making your parents proud. A male inmate in the Cumberland County jail has had his picture and that of the female prisoner he had sex with on the front page of the Portland Press Herald the last couple of days because of how he managed to slip out of his cell and into hers almost -- almost without being noticed. Talk about making your parents proud! Not only is your son or daughter in jail, but now there pictures are plastered on the front page of the paper for having sex while in jail. -
Cumberland County Civic Center Renovations
20 Feb 2012 | 12:50 pmFrom these articles in the Portland Press Herald, here and here, it's clear that spending $33 million to renovate the Civic Center is going to be money wasted unless they try to substantially expand the seating of the place. As Steve Crane, general manager of the civic center, states: "The first thing that happens is, I get a call from the promoter, somebody who buys the talent and takes the financial risk," Crane said. "The first thing they want to know is if we have that date open. The second thing they want to know is how many seats we have." The civic center… -
Super Bowl Final Words
6 Feb 2012 | 9:49 amMake no mistake, I'm a diehard Patriots fan. But I wasn't surprised by the result. My prediction for the game was 24-21 Giants. Why? They beat us 4 years ago in the Super Bowl and they beat us this year at home. I didn't care what Vegas said about the odds or point favorite being the Pats -- the Giants are a better team. I told at least a dozen people over the last two weeks that I expected the Giants to win. That's not to say that I wasn't there rooting for the Pats on every play -- I was. And when 10 big wigs from Maine predicted the score of the big game in… -
Taken By Robert Crais
24 Jan 2012 | 10:46 amTaken By Robert Crais G. P. Putnam’s Sons $26.95, hard cover, 341 pages, 978-0-399-15827-8 (2012) Talk about an enjoyable read. This novel has it all: Elvis Cole and Joe Pike, innocent young adults, a determined parent, evil men and women with no sense of morality, and bajadores – ruthless bandits who prey on other bandits. Mix them all together with drugs, weapons, the buying and selling of victims, and brutal murder and you have the ingredients for compelling novel. Add the painstaking detective work, the genuine humanity, the nerve-racking tension, the thrilling action, and…
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Hattiesburg Divorce Lawyer
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Division of Marital Property in Mississippi
15 May 2012 | 1:07 pmI just noticed that I have not written a post on the factors a Mississippi judge is to use in dividing marital property. I can’t believe I’ve waited this long! Property division is a four-step process. First, property must be identified as separate property (belonging to only one spouse) or marital property (belonging to the couple). That, in itself can and will be the subject of another post one day. The next step is to value the assets. This is done through evidence the parties present. Often, it may be only their opinion as to what an item is worth, but it is not uncommon to… -
Self-Divorcers
6 Mar 2012 | 7:00 amNot news to me: More and more people are choosing to go through divorce without a lawyer. Up to 40% to 70% in some areas. -
E is for Emancipation
1 Mar 2012 | 6:31 amMississippi has the oldest age of majority in the United States. In most states, a person is legally an adult at age 18. In Mississippi, though, the age is 21. This means a Mississippi order of child support continues until the child reaches the age of 21. There are a few exceptions to that rule. One such exception is that child support will end upon the emancipation of the child. Emancipation is the removal of the legal “disability” of childhood. An emancipated child is treated, under law, as an adult. Section 93-11-65 of the Mississippi Code states a child may be emancipated… -
We Interrupt this Blog
24 Feb 2012 | 8:50 amI wanted to take a quick break from this blog’s regular topics, and let people know about some important legislation pending in the Mississippi legislature. The bill would enact what is known as “loser pays” litigation. That means that if you sue me, and I win, you pay all my attorney bills and expenses and all of yours. This, in itself, doesn’t sound bad at first, until you realize that while it may keep a lot of frivolous lawsuits from being filed, it will also keep a lot of good ones where the person injured is too scared to file suit on the chance they may lose and… -
Pumas
23 Feb 2012 | 9:25 amYou’ve heard of cougars, now there are pumas.
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Rochester Family Lawyer
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A Cause of Action for DRL 170(7) Can Be Added to A Divorce Complaint Filed Prior to October 2010
22 Apr 2012 | 9:40 pmOne of the more interesting procedural issues that arose after the New York State Legislature added a cause of action under Domestic Relations Law §170(7), irretrievably broken marriage for a period of 6 months or longer, is whether this cause of action can be introduced in divorce actions filed prior to the statute’s enactment. At least one court addressed this issue by holding that a separate action can be filed by the defendant alleging a cause of action under DRL §170(7), and the two actions can be consolidated. A recent decision by Justice Richard A. Dollinger of the Monroe… -
Changes in Temporary Maintenance and Child Support Statutes
18 Mar 2012 | 7:51 pmBecause of the language in the statute providing for cost of living adjustments, temporary maintenance guidelines income cap was raised from $500,000 to $524,000. The “cap” on each spouses annual income, to be utilized in calculating temporary maintenance orders, has increased from $500,000 to $524,000 effective January 31, 2012 in accordance with Domestic Relations Law § 236 [B][5-a][b][5]. The statute provided that: Beginning January 31, 2010 and every two years thereafter, the income cap increases by the product of the average annual percentage changes in the consumer price… -
Violation Petition Must Be Sufficiently Specific to Provide Notice of Alleged Violation
4 Feb 2012 | 10:15 pmIn Miller v Miller, 90 A.D.3d 1185 (N.Y.A.D. 3 Dept.) the parties were the parents of two children, born in 2004 and 2005. A custody order entered in March 2008 granted sole legal custody to mother with visitation to father as agreed between the parties. The order, among other provisions, required that the children be properly supervised at all times, and that neither parent smoke or permit a third party to smoke in a vehicle in which the children are passengers. In June 2010, the father filed a violation petition alleging that the mother was in contempt of this order by failing to properly… -
Ratification of Settlement and Separation Agreement
14 Jan 2012 | 10:24 pmI have previously written about settlement agreements, their contents, modification, validity, and formalities related to their execution. Even in situations where the agreement may have not been executed properly or otherwise invalid, if the party does not promptly act to challenge the agreement and accepts its benefits, the court may refuse to vacate the agreement. This is the situation that the Appellate Division, Second Department, addressed in Kessler v. Kessler, 89 A.D.3d 687 (2nd Dept. 2011). In Kessler, the parties’ separation agreement was incorporated but not merged into the… -
Parent’s Obligation to Pay for College Is Not Limited To Cost of SUNY Education Unless Proven Otherwise
13 Nov 2011 | 6:57 pmIn Pamela T. v. Marc B., 2011 N.Y. Slip. Op. 21355 (N.Y.Sup.2011), the court had to decide whether the parent’s obligation to pay for college should be limited to the so-called “SUNY cap”. The Supreme Court concluded that parent’s argument that before a parent can be compelled to contribute towards the cost of a private college, there must be a showing that a child cannot receive an adequate education at a state college, has no basis in the law. The parties were divorced on December 23, 2008 and have two sons, 18 and16 years old. Their judgment of divorce was silent as…
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Fort Lauderdale Divorce Lawyer Blog
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WWE Star John Cena Files for Divorce in Florida
11 May 2012 | 1:08 pm35-year-old World Wrestling Entertainment star and Tampa resident John Cena has reportedly filed for divorce from his high school sweetheart after three years of marriage. According to Cena's divorce filing, the couple's marriage is "irretrievably broken." His soon to be ex-wife, Liz Huberdeau, has allegedly hired the same Miami divorce attorney who represented Linda Hogan in her divorce from former professional wrestling superstar Hulk Hogan. In that case, Hogan's ex-wife was awarded nearly 70 percent of the couple's assets. Cena is currently worth an estimated $18 million. Prior to the… -
Social Media Websites Like Facebook Are Increasingly Playing a Role in Florida Divorces
4 May 2012 | 3:52 pmSocial media websites such as Facebook, Twitter, and YouTube are increasingly playing a factor in Florida divorces. Most people have satisfied their curiosity about a former flame by looking them up online. More and more married individuals are going further, however, and developing online relationships. Anecdotal evidence suggests an increasing number of people are rekindling past relationships and ruining their marriages via social media outlets. Divorces over online behavior are reportedly occurring more regularly throughout the nation. One woman who declined to be named stated she… -
Florida Governor Signs 61-Page Adoption Bill Into Law
27 Apr 2012 | 7:51 pmGovernor Rick Scott recently signed a 61-page document that has essentially rewritten Florida adoption laws. House Bill 1355, titled "Protection of Vulnerable Persons," was created after a Baker County judge placed four-year-old Miranda Wilkerson in the custody of a registered sex-offender who was not her biological father in July 2011. The heated custody battle began after Miranda's grandmother, Rita Manning, applied to formally adopt the child. The case drew national attention when Miranda was removed from her grandmother's home and placed with her deceased mother's husband, Donald Coleman. -
Virtual Visitation Becomes Increasingly Common in Florida
19 Apr 2012 | 5:57 pmAccording to the National Center for State Courts, approximately 18 million children in the United States have parents who are separated or no longer married and the parents of another 17 million children never married one another. About 25 percent of those children have a parent who resides in another city. Additionally, three-fourths of single mothers relocate at least once within the first four years after a divorce or separation. Consequently, nearly 10 million American children do not have regular face-to-face contact with one of their parents. New technology such as Skype, email, text… -
Divorcing in Florida? Expect Delays in 2012
13 Apr 2012 | 6:41 pmMore than $31 million in last minute statewide budget cuts have Florida's court clerks scrambling to reduce costs. Proposed funding to the various offices was cut in the last two weeks of the 2012 legislative session. As a result of the budget cuts, the state's court clerks claim civil cases such as divorces will likely be significantly delayed well into 2013. Court clerks receive, process, and store all Florida case documents. Their budgets were cut by 17 percent in 2009. After lawmakers cut court clerk budgets by another seven percent earlier this year, the clerks held an emergency meeting…
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Ohio Family Law Blog
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Shocked at Your Partner’s Behavior During Divorce?
12 May 2012 | 5:00 amFrequently, a spouse is incredulous at their partner’s behavior during divorce. Why do we expect people to be on their best behavior during divorce? Does anyone actually behave better under stress? If you had a tendency to anxiety in your marriage, you are probably climbing the walls. If your spouse was controlling during the marriage, then s/he is probably exhibiting dictator-like characteristics. And if either of you had a tendency toward alcohol or drug abuse or domestic violence of any kind, then you can expect those frightening behaviors to escalate. Divorce is not a catalyst for our… -
Custody and Smoking Issues
5 May 2012 | 5:00 amCustody and Smoking Issues If you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal. In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either. Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a… -
Complicit: Tattletaling Required on Local Ohio Campuses
28 Apr 2012 | 5:00 amComplicit : Tattletaling Required on Local Ohio Campuses Students at local universities should be more aware of their surroundings while on their school’s campus. Few students are aware that both University of Dayton (UD) and Wright State University have a charge called “Complicit” within their Codes of Conduct. The charge of “complicit” allows the schools to discipline students who have not actually engaged in behavior that violates the Codes, but who have witnessed that behavior in other students. Complicit Charge in University of Dayton’s Code of Conduct At UD, the Code… -
Fatherhood Leads to Drop in Male Testosterone Levels
21 Apr 2012 | 5:00 amNew Study: Fatherhood Leads to Drop in Male Testosterone Levels! On September 12, 2011, the New York Times published an article regarding a recent study of six hundred (600) men in the Cebu Province of the Philippine Islands. The research study measured the testosterone levels of men when they were age twenty-one (21), single and without children, and again five years later after some had entered fatherhood. Fatherhood resulted in a great decline in testosterone levels when compared to the men who remained childless. What is testosterone? Testosterone, called the “Father of All Hormones”,… -
Parenting Tips on Gifts and Teens Who Don’t Want to Visit
14 Apr 2012 | 5:00 amFor those of you who follow our blog, you already know that local child psychologist Dr. Greg Ramey is a frequent contributor. Dr. Ramey is the vice president for outpatient services at Dayton Children’s and writes FamilyWise, a weekly parenting column in the Dayton Daily News that is distributed through the New York Times wire service. He is also a clinical assistant professor of pediatrics at Wright State University Boonshoft School of Medicine. From time to time, Dr. Ramey publishes in his Sunday column in the Dayton Daily News letters or emails that he has received from parents…
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Texas Family Law Blog
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Grounds for Annulment in Texas: Fraud, Duress or Force
3 May 2012 | 3:32 pmA marriage may be annulled if the person seeking the annulment can show that the other party used fraud, duress, or force to induce them into the marriage. Like several other grounds for annulment, the person seeking the annulment cannot have continued living with the spouse since learning of the fraud or being released from the duress or force. By Sarah F. Berry, Attorney -
Grounds for Annulment in Texas: Impotency
23 Apr 2012 | 1:03 pmA marriage may be annulled if the spouse seeking annulment can show that either of the spouses was impotent at the time of the marriage, that the spouse seeking annulment was not aware of the impotency, and that he or she has not lived with their spouse since discovering the impotency. References: Texas Family Code 6.106 Article by Sarah F. Berry, Attorney -
Grounds for Annulment in Texas: Under Influence of Alcohol or Narcotics
17 Feb 2012 | 1:39 pmA marriage may be annulled if, at the time of the marriage, the person seeking the annulment was under the influence of alcohol or narcotics and did not have the capacity to consent to the marriage. However, it is important to note that, the person seeking the annulment cannot have voluntarily lived with the other person to the marriage since the effects of the alcohol or narcotics ended. So a person regretting a marriage six weeks after the fact cannot claim that he or she was intoxicated and seek an annulment if they have been living together since the marriage.References: Texas Family Code… -
Grounds for Annulment in Texas: Marriage of Person Under Age 18
31 Jan 2012 | 5:08 pmA marriage may be annulled if one of the parties to the marriage is 16-17 years of age and did not obtain prior parental consent or a court order. (If one person is younger than 16 the marriage is void). A petition for annulment may be filed by a parent or guardian on the minor’s behalf, but must be filed before the minor’s 18th birthday. In determining whether to annul the marriage, the court will consider facts concerning the welfare of the parties and whether the wife is pregnant.References: Texas Family Code 6.102 – 6.104, 6.205Article by Sarah F. Berry, Attorney -
Grounds for Annulment in Texas
18 Jan 2012 | 4:19 pmGenerally, under Texas law, a marriage can be annulled if, at the time of the marriage: 1. Marriage of Person Under Age 18: one party was under the age of 18 years old 2.Under Influence of Alcohol or Narcotics: the person seeking the annulment was under the influence of alcohol or narcotics 3.Impotency: one of the married persons is permanently impotent 4.Fraud, Duress or Force: the person seeking the annulment entered the marriage under fraud, duress, or force 5.Mental Incapacity: one of the married persons did not have the mental capacity to consent to marriage or understand the nature of…
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Connecticut Lesbian and Gay Law
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President Obama Talks About Gay Marriage on “The View”
16 May 2012 | 4:00 amPresident Obama appeared on The View yesterday and spoke about gay marriage. “This is going to be a big contrast in the campaign because you’ve got Governor [Mitt] Romney saying we should actually have a constitutional amendment installing the notion that you can’t have same-sex marriages,” Obama said, during “The View” appearance. Stay connected with our Social Media Pages: Connecticut Lesbian and Gay Law blog on Facebook for all blog posts from this blog as well as additional stories and links of interest to the LGBT community. Attorney O’s Midnight Musings Blog on Facebook… -
Iowa, Same-Sex Marriage and Omaba
15 May 2012 | 7:00 amI came across an interesting piece from NPR that I thought I’d pass along. It concerns Iowa (a state in which same-sex marriage is now legal) and the aftermath of President Obama’s statements in support of same-sex marriage. Iowa is considered a leading state in the presidential elections. Will Obama’s statements cost him that state? There seems to be considerable disagreement about that issue. Read Iowa On Same-Sex Marriage: It’s Complicated [NPR] Stay connected with our Social Media Pages: Connecticut Lesbian and Gay Law blog on Facebook for all blog posts from… -
Colorado Kills Civil Union Bill
14 May 2012 | 10:20 amAlthough this took place last week, I was busy focusing on other issues in the LGBT world and failed to post it at that time. It is still worth noting. A controversial bill to legalize civil unions for same sex couples in Colorado was voted out of committee late last Tuesday and in the process several other bills were also killed. The Denver Post reported: “No matter what happens today or tomorrow, the unspoken truth in this whole debate is we will win,” Jace Woodrum, deputy director for One Colorado, the state’s largest gay-rights group. “Whether it is today or… -
Attorney Olszewski Interviewed on Obabma’s Support of Gay Marriage Announcement
11 May 2012 | 10:49 amI had a delightful conversation with Stacy Davis of the Connecticut Post on Wednesday in which she asked me for my professional reaction to president Obama’s announcement that he supports gay marriage. Davis and her colleague, Tom Cleary interviewed local residents and other professionals for the piece. Here’s my two cents: Irene C. Olszewski, an East Hartford lawyer specializing in gay and lesbian rights, also thought Obama’s timing was right and gave him credit for taking the stance during an election year. “I think it was very brave of him,”… -
LGBT Fast Friday News 5/11/12
11 May 2012 | 10:47 amFast Friday is a weekly feature in which I provide links to news items and other resources of interest to the LGBT community. Only 34% showed up to vote … the most, supposedly, in North Carolina’s recent history … I guess the homophobes took time out to vote? Official Tally for North Carolina’s Amendment One [NC State Board of Elections] Joe Biden: ‘I am absolutely comfortable’ with same-sex marriage: “Look, I am Vice President of the United States of America. The president sets the policy. I am absolutely comfortable with the fact that men marrying men, women…
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The Divorce Collaborative
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Divorce and Real Estate in the Bedford, MA Area
3 May 2012 | 10:34 pmBy Bedford and Franklin, MA divorce attorney and mediator Stephen McDonough of The Divorce Collaborative LLC. Stephen is also a licensed Massachusetts real estate broker. Divorce oftentimes involves the sale and/or purchase of real estate. Our friend and realtor Suzanne Koller, owner of Suzanne & Company, Keller Williams Realty, reports the market is definitely improved this spring in Bedford and surrounding towns such as Concord, Carlisle, and Lexington. In fact, multiple offers are not uncommon this spring for houses in good condition and in desirable communities in the… -
Forget Divorce! Here are some Reasons to Get or Stay Married
29 Apr 2012 | 10:54 pmBy Colleen Cunnally, a Massachusetts divorce attorney and mediator with The Divorce Collaborative LLC of Bedford and Franklin. Marriage is nothing but “a piece of paper!” I chuckle when I hear this statement. As a Massachusetts divorce attorney and divorce mediator, I want to shout out, “NOT TRUE!” The institution of marriage comes with a number of significant benefits. These marital “rights” or “benefits” are often taken for granted. I will save the “friends with benefits” post for another time. So, what are some reasons to get married or work to… -
Massachusetts Divorce FAQ – Moving Out
29 Apr 2012 | 5:54 pmBy Massachusetts divorce lawyer and divorce mediator Stephen McDonough of The Divorce Collaborative LLC of Bedford and Franklin, MA. If you are getting a Massachusetts divorce, can you make your spouse move out of the marital home, or can your spouse make you leave the house? Should you move out voluntarily? Is it OK to wear white pants after labor day? With the exception of the fashion question, these are some of the most frequent questions our Massachusetts divorce and mediation clients worry about. The best answers to these questions really depend on your specific situation, so get… -
Milford, MA Divorce Mediation – Case Study
16 Mar 2012 | 12:29 amNote: This post gives a glimpse into what an actual session with a divorce mediator from The Divorce Collaborative is like. The facts are based upon a recent session wit clients from the Milford and Worcester, MA area. Earlier this week I was sitting with a couple from the Milford, MA area in our Franklin office. It was their first divorce mediation session. The couple has two young children and both parents work full-time. Like many dual-income families, these parents had already decided they would each spend about the same amount of time with the kids, also known as shared [...] -
Massachusetts Divorce Myths
11 Mar 2012 | 4:16 pmWhether I am talking to a prospective divorce client from Lexington, Concord, or Milford, here are three of the most common divorce myths that we hear over and over during initial consultations. 1. “My spouse and I are legally separated” You may not be living together, but you are not legally separated. In some states, such as New Hampshire and Rhode Island, married couples are allowed to file a petition with the court for a legal separation. The process and filing fees are often the same as a divorce petition, and the courts will typically decide the same issues it [...]
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Iowa Law Blog
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Divorced Parents and Post Secondary Education Subsidies
2 May 2012 | 4:27 pmThe Iowa Supreme Court issued an interesting opinion on Friday, April 27, 2012 regarding divorced parents' responsibilities for post-secondary education subsidies under Iowa Code Section 598.21F (2011). The case presented required the Court to determine whether good cause exists for ordering a parent to pay a postsecondary education subsidy and, if so, in what amount? The Court ultimately affirmed the district court's determination that good cause exists for payment of a postsecondary education subsidy, but reduced the amount awarded by the district court. In order for a court… -
Iowa Fence Law Legislative Update
20 Mar 2012 | 4:26 pmAs an update to previous entries regarding Iowa's fence law, the 2011 proposed legislative changes (Senate File 2102) failed to make it out of subcommittee. We will have to wait another year to see whether the legislature decides to modify the century-old statute, in particular limiting its application to agricultural uses. Until then, the statute will continue to operate in a gray area. -
Iowa Fence Law Before Legislature
9 Feb 2012 | 10:27 amI'll admit that the Iowa Fence Law (359A) has become a side project of mine. I have blogged about it on two separate occasions in the past, first noting that as written and determined by the Iowa Supreme Court, the law applied to both urban and rural property. The update noted that the mechanisms in the law to handle disputes are outdated. The Iowa Senate is reviewing a bill to address the first issue. Senate File 2102 seeks to modify the fence law to only require an adjoining landowner with livestock (or who has owned livestock in the last five years) to help pay… -
US Supreme Court Adopts Ministerial Exception to Discrimination Laws
20 Jan 2012 | 3:01 pmIn the unanimous Hosana-Tabor v. EEOC decision issued January 11, 2012, the U.S. Supreme Court recognized for the first time a "ministerial exception" to virtually all forms of employment discrimination. The "ministerial exception" as announced by the Court is not a prohibition against asserting claims against religious organizations, rather an affirmative defense. The facts of the case are straightforward: Cheryl Perich was employed by Hosanna-Tabor Evangelical Lutheran Church and School as a "lay" teach in 1999. In 2000, she… -
A Lesson in Preventing & Correcting Discrimination
12 Jan 2012 | 1:52 pmA recent 8th Circuit decision demonstrates the importance of responding investigating and responding to claims of harassment and discrimination. In Crawford v. BNSF Railway Co., the plaintiffs alleged that their supervisor sexually and racially harassed them on a frequent basis. The court granted judgment in favor of the employer because the employer was able to show that it acted reasonably to prevent and correct any sexually harassing behavior and the employees failed to take advantage of the preventive and corrective opportunities provided by the employer. The employer not only…
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pinktape.co.uk
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Gold Band : Gold Standard?
14 May 2012 | 5:26 pmExcessive Verbosity Warning. Do not go past this point unless you have at least two packs of kendall mint cake and a powerade about your person. [UPDATE : Office for Judicial Complaints now investigating Coleridge J - see end 5pm 15 May] This weekend I listened to Coleridge J talk about his Marriage Foundation at the FLBA Cumberland Lodge weekend. Although Chatham House Rules apply to that event much of what was said has been widely and publicly aired by Coleridge elsewhere in recent weeks, and the material referred to is in the public domain. For those of you who want a bit of… -
Shared Parenting: Reciprocity and Colin
10 May 2012 | 5:04 pmThis is a guest blog post by Melanie Barnes. Melanie is qualified as a Solicitor Advocate and is trained as a mediator. She has a specialism in child support law and currently sits on the Resolution National Committee for Child Maintenance. She has a particular interest in international child maintenance and has been actively involved in policy discussions on this issue. She has also been commissioned to write a book dealing with this area of law. You can find her at @MelCVBarnes. Shared parenting: reciprocity and Colin In terms of conflict, I’ve always thought that the world is… -
Children & Families Bill
10 May 2012 | 3:25 pm‘Twas Queen’s Speech day yesterday – incase you didn’t notice. Cue much criticism of the Government for not announcing the “Economic Miracle Bill” or the “Job creation Bill”. As if legislation were no more than a fortune cookie. Anyhoo…as anticipated there was a lot of family law stuff in there (not gay marriage tho – sadly). So, thought y’all might like to read the following email from the Ministry of Justice. You can find a bit more info on the Dept of Education website here. No time to blog properly but 2 thoughts : 1 The… -
I read a real book
7 May 2012 | 3:08 amThis isn’t really a book review. I’m a little frightened of doing a book review on piece of fiction. To be honest I don’t feel terribly well qualified (notwithstanding my bachelors degree in English, which my husband still irritatingly refers to as a “Degree in the AB-use of the English Language” after 11 years of marriage). It’s been a long time since I’ve read much fiction, so I’m a little out of touch and likely to gush at any piece of trash I might read, likely to confuse the unfamiliar sensation that is the pleasure of reading with a… -
Get Your Pink Tape Merchandise Here!
3 May 2012 | 3:56 pmNot really. But, following on from the conclusion of my first experiment in pink body advertising / performance art, I happened upon this Pink Tape iPhone cover today, and I thought it was kind of cool. Feel free to buy me one for my birthday. But let my husband know in advance, ‘cos he’ll have to buy me a new handbag to match. PS I probably get about thruppence from Amazon if you actually do buy one ‘cos I has a secret code, innit.
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Maryland Divorce Legal Crier
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No Negative Marital Property
14 May 2012 | 11:09 amBarbara and Michael married in 1970 after graduating from Boston College. They moved to Columbia, Maryland, where Michael got a job as a mathematician for the Department of Defense. They had two children. Michael left his government job for a lucrative position in sales for a computer company. The couple lived off their income and invested Michael’s bonuses. After 12 years of marriage, however, the parties encountered marital difficulties, and separated. They divorced in 1984. One of the issues in their divorce involved the valuation of two of their investments, namely limited… -
Debtor’s Prison
4 May 2012 | 12:06 pm“If your guy doesn’t pay his alimony, we’ll file a motion for contempt and you can tell him we’ll be asking for jail time,” said Sobel, who was representing the ex-wife. He didn’t like the ex-husband’s attorney, Caster, ever since he had yelled at Sobel and hung up on him in another case years ago. Sobel had a long memory. “Come on, Sobel,” Castor said. “The judge is not going to put my guy in jail. It’s contractual alimony, not court ordered alimony.” “Whadya mean, Castor? The Agreement is incorporated into the Divorce Decree. That makes it a court… -
Debt Options for Divorcing Women
30 Apr 2012 | 1:44 pmGuest Author’s Bio : The following article has been contributed by Sophie Kinsella, Columnist. Divorce and debt problems go hand in hand and financial problems are the cause of many divorces. In many cases, men who go through a divorce are financially well off while women struggle with soaring debts and no one else to fall back on. If the woman wasn’t working or was financially dependent on her husband, a divorce can be economically devastating. For many women, being separated or divorced is both challenging and stressful. The situation becomes worse when she is the caretaker for… -
Keeping the House in a Divorce
26 Apr 2012 | 11:31 amGuest Author Bio: Elizabeth Roque is an in-house writer for Franklin Debt Relief. She presents information about debt relief programs, credit card debt reduction and getting out of debt on a variety of financial sites online. Divorce is a difficult decision in and of itself but after the decision has been made, there are a lot more considerations that must be taken into account. One of these considerations is what to do about the marital assets, namely the house. Keeping or selling the house is not just about whether or not you “want” to keep it; there is a lot more to it than… -
Divorce Quotes
25 Apr 2012 | 8:09 am“My wife ran off with my IPad2 and I miss it.” — Apple Shareholder
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Fathers' Rights<br>Not Just Every Other Weekend
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Top Three Post Divorce Mistakes
15 May 2012 | 11:33 amCarlos J. Phillips says don’t make these top three mistakes men make after divorce. #1 – Rush back to the altar too soon #2 – Become the town playboy now that you are single #3 – Introduce your children to the new woman in your life way too soon. Read more. -
Guessing About Custody
24 Apr 2012 | 2:17 pmBest interests of the child is the test for determining custody. But what does that mean? It means whatever the judge decides it means. Every judge sees it differently. Judges are not all knowing and all wise. They are in fact human beings. They see their cases through their own filters. 1. No Easy Answer. “There is no litmus paper test that provides a quick and relatively easy answer to custody matters.” 2. Ambiguous Factors. “Present methods for determining a child’s best interests are time-consuming, involve a multitude of intangible factors that… -
There’s An App for That
28 Feb 2012 | 2:04 pmThe law firm of Cordell and Cordell has published a free app for iPhone and iPad called Men’s Divorce Source Lite. The screen shot shows Goals and articles on Advice, Child Custody, Finances, Parental Alienation, Child Support and Alimony. GizMagazine.Com has a description and screen shots of other handy divorce apps that, for a nominal cost, can help with your divorce. -
Morning Inspection
26 Oct 2011 | 3:55 pmI am now the morning parent for our two beamish boys, ages 8 and 12. If your house is anything like mine, no matter how early you wake up, or how organized you are the night before, there is a rush at the last minute to organize book bags, musical instruments, shoes, glasses, lunches and other things. Several times, we have left things at home that had to be ferried to school later. I might have stumbled upon a system that works. Ten minutes before we leave, I call an “Inspection”. The boys stand in formation at attention. I go through the checklist: Teeth brushed? Check. … -
When Does Child Support Stop?
14 Oct 2011 | 10:30 amWant to know when child support terminates and whether or not you’ll have to pay college costs? Here’s a state by state chart.
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Family Law Source by Brian Vertz
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Unsuccessful Defense of Support Obligation Affirmed
8 May 2012 | 8:58 pmThree related issues were addressed by the Superior Court last month in SMC v. WPC, 2012 PA Super 92 (April 24, 2012). First, the Superior Court held that evidence of post-separation misconduct rising to the level of indignities is not sufficient to establish a defense to spousal support unless it sheds light upon similar misconduct prior to separation. More specifically, the Court affirmed a decision not to deny spousal support to a wife just because she began to date another man after separation. The Court also went to great lengths to dismiss the husband’s contention that his wife… -
Gains on Invested VA Disability Benefits are Marital Property
3 May 2012 | 8:37 pmThe Superior Court this week heard the plea of a Vietnam Veteran who argued that the increase in value of his VA benefits, which had been deposited into an investment portfolio prior to marriage, should retain the exempt character of the underlying VA benefits, which may not be divided in equitable distribution. One cannot imagine a fact pattern more perfect than that Goodemote v. Goodemote, 2012 PA Super 94 (May 1, 2012). The veteran, who was previously divorced, accumulated his VA benefits during his first marriage. He deposited his VA disability benefits into an investment account in his… -
Dealing with Discovery in Divorce
18 Apr 2012 | 9:10 pmResolving a divorce requires a lot of information. The process of exchanging information and documents is formally known as “discovery.” Our courts have issued rules that litigants must follow when requesting discovery and responding those requests. The discovery rules include deadlines for answering requests and procedures for resolving conflicts when litigants do not produce all that is asked of them. Discovery can be a major headache for divorcing spouses. No one has the time and energy to locate and organize hundreds of pages of documents, or answer dozens of questions, but it… -
Frozen Embryos Awarded to Wife in Divorce
12 Apr 2012 | 5:03 pmThe Superior Court yesterday issued an opinion affirming a trial court’s decision to award frozen embyros to the wife as part of her equitable distribution of marital property, based upon her testimony that the embryos are her only reasonable chance to procreate after surviving cancer treatments that rendered her infertile. The trial court rejected Husband’s argument that he did not wish to have a child with his ex-wife or to incur the financial obligation of a child. In Reber v. Reiss (2012 Pa.Super. 86), the Superior Court observed that there is no Pennsylvania precedent on the… -
Tax Deadline: Should You File Jointly with an Estranged Spouse?
10 Apr 2012 | 4:01 pmWhen separated spouses file their income tax returns, they generally have a choice of filing jointly or separately. If they file jointly, they may have to decide how to allocate the tax liability or refund. If they file separately, they may have to decide how to allocate itemized deductions, the children’s dependency exemptions, and credits. The advice of a competent tax preparer, CPA or tax lawyer can be most helpful. One of the leading authorities on divorce taxation, Melvin Frumkes, declares that “a couple with only one income producer will benefit from filing joint returns; that is,…
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Library | MyFamilyLaw.com
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UK: What happens if a loved one has not made a will when they die?
9 May 2012 | 11:17 amA guest article by Simpson Sissons & Brooke Solicitors in Sheffield, England.In 2011, researchers found that over two thirds of people do not make a will. They do not appoint their assets to anyone, leaving the government to manage their affairs. If someone has not made a will it can often cause huge arguments in a family over who is entitled to what, especially if there is a lot of money and property to be divided between several people. Making a will can be a very simple process so it is surprising that each year there are still hundreds of thousands of people who must decide what… -
Military Divorce
1 Sep 2011 | 12:40 amOne of the standard pleadings in a divorce petition is a declaration or denial that one or both parties are active duty members of the U.S. armed services (or her allies). The reason for the boilerplate language is the Servicemembers Civil Relief Act, which entitles active duty service members to delay a divorce (or any civil litigation). But it’s not just timing that is affected by a party’s military service. Dividing retirement accounts, determining spousal support and setting child support can also be affected by a party’s military status.Servicemembers Civil Relief… -
Handling Inheritance Assets in Divorce
30 Aug 2011 | 11:22 pmInheritance received by either spouse during the marriage is generally considered separate property. There are some circumstances, however, in which an inheritance might ultimately be considered marital property under state divorce law.Tip: When considering how to divide the marital assets and debts during a divorce, you need to know which of your assets and debts are considered marital and which are considered separate (regardless of whether your state follows community property laws or equitable distribution laws). This is important because marital assets are subject to division; separate… -
Claiming the Kids on Income Tax Return in Joint Physical Custody Situation
30 Aug 2011 | 10:35 amSection 152(e) of the Federal Tax Code provides that the custodial parent of a couple’s children after divorce (or after declaration of paternity in the case of never-married parents) is generally entitled to the personal exemption for the qualifying child. But who gets to claim the kids in a joint physical custody situation?The IRS does not allow for a single exemption to be “split” between the two parties in the same year. You can take turns claiming the exemption by swapping out years but one custodial parent will have to sign IRS Form 8332, releasing their claim on the… -
Covenant Marriage
29 Aug 2011 | 10:46 pmIn some states, marrying couples can choose a “covenant marriage” rather than just your run-of-the-mill legal marriage. In a covenant marriage, the marrying couple agree to go through pre-marital counseling and accept more limited grounds for divorce in the event that they should choose to split. In essence, the covenant marriage makes it harder to divorce.Reasons for Covenant Marriage LawsWith religious roots (though written in religiously neutral language), the covenant marriage laws came about to reduce the perceived climbing divorce rate and to reinforce the notion that…
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Library | MyFamilyLaw.com
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UK: What happens if a loved one has not made a will when they die?
9 May 2012 | 11:17 amA guest article by Simpson Sissons & Brooke Solicitors in Sheffield, England.In 2011, researchers found that over two thirds of people do not make a will. They do not appoint their assets to anyone, leaving the government to manage their affairs. If someone has not made a will it can often cause huge arguments in a family over who is entitled to what, especially if there is a lot of money and property to be divided between several people. Making a will can be a very simple process so it is surprising that each year there are still hundreds of thousands of people who must decide what… -
Military Divorce
1 Sep 2011 | 12:40 amOne of the standard pleadings in a divorce petition is a declaration or denial that one or both parties are active duty members of the U.S. armed services (or her allies). The reason for the boilerplate language is the Servicemembers Civil Relief Act, which entitles active duty service members to delay a divorce (or any civil litigation). But it’s not just timing that is affected by a party’s military service. Dividing retirement accounts, determining spousal support and setting child support can also be affected by a party’s military status.Servicemembers Civil Relief… -
Handling Inheritance Assets in Divorce
30 Aug 2011 | 11:22 pmInheritance received by either spouse during the marriage is generally considered separate property. There are some circumstances, however, in which an inheritance might ultimately be considered marital property under state divorce law.Tip: When considering how to divide the marital assets and debts during a divorce, you need to know which of your assets and debts are considered marital and which are considered separate (regardless of whether your state follows community property laws or equitable distribution laws). This is important because marital assets are subject to division; separate… -
Claiming the Kids on Income Tax Return in Joint Physical Custody Situation
30 Aug 2011 | 10:35 amSection 152(e) of the Federal Tax Code provides that the custodial parent of a couple’s children after divorce (or after declaration of paternity in the case of never-married parents) is generally entitled to the personal exemption for the qualifying child. But who gets to claim the kids in a joint physical custody situation?The IRS does not allow for a single exemption to be “split” between the two parties in the same year. You can take turns claiming the exemption by swapping out years but one custodial parent will have to sign IRS Form 8332, releasing their claim on the… -
Covenant Marriage
29 Aug 2011 | 10:46 pmIn some states, marrying couples can choose a “covenant marriage” rather than just your run-of-the-mill legal marriage. In a covenant marriage, the marrying couple agree to go through pre-marital counseling and accept more limited grounds for divorce in the event that they should choose to split. In essence, the covenant marriage makes it harder to divorce.Reasons for Covenant Marriage LawsWith religious roots (though written in religiously neutral language), the covenant marriage laws came about to reduce the perceived climbing divorce rate and to reinforce the notion that…
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Ontario Family Law Blog
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Forensic Accounting and Divorce
11 May 2012 | 10:11 amThe role of a Forensic Accountant in a divorce is not well known. Erin Palmer offers great insights into this valuable professional who can help uncover hidden assets or income of a deceptive spouse. Here is Erin's blog: All’s Fair in Love and War, Except in Divorce – That’s What Forensic Accountants Are For You aren’t alone. Many couples considering divorce find themselves in a predicament they never expected to be in and begin to look at each other in a new light. Here’s one scenario: One spouse may be shuffling money around and squirreling it away. The… -
Divorce, Matrimonial Home and Mortgages: Sage Advice And Good Options
20 Apr 2012 | 11:35 amDarren Robinson is a mortgage broker in Barrie. He helps many clients who are going through a divorce refinance their home and get on their feet. He has some interesting and suprising advice. Darren is with Dominion Lending in Barrie. He wrote the following excellent blog: How does separation or divorce impact my home & mortgage? On the unfortunate occasion when a marriage is dissolved, there are a number of financial questions that need to be answered. The most important is what to do with the matrimonial home? The two easy answers are; 1) sell it, divide the equity… -
Divorce and Debt: Tips to Get Out of Debt
10 Apr 2012 | 11:17 amSophie Kinsella of the Oak View Law Group wrote an interesting blog about dealing with debt after divorce. Although the Oak View Law Group is not Canadian,it is found in many of the states of the US, her comments ring true in Ontario too. It just makes good sense. Thanks Sophie. Here’s is her blog… Tips to follow in order to come out of your divorce debt Many people believe that divorce is the beginning of a fresh new chapter in life, but that’s far from being true. Years of marriage often lead to years of accumulated debt, especially on the recent… -
Determining Income for Support Purposes
10 Apr 2012 | 10:12 amDetermining income is the first step toward determining the proper level of child support and spousal support. This is easy to do for employees. We just look at line 150 of their personal income tax return. The challenge is determining the proper level of income for those people who are self-employed or are employed by a corporation they solely own. Self-employed people often write off various expenses for tax purposes that have a personal component to them. For example, the monthly costs of the cell phone might be written off as a business expense but that cell phone may also be used… -
Fairness in Your Divorce: Court Compared to Collaborative
12 Mar 2012 | 8:54 amThe other day the judge in Family Court said "We can't consider "fairness" when deciding cases." I was shocked but then I realized that she is right. Family Court is about rules and process. Like cases are to be treated alike according to the law. The law is a set of principles that the judge uses to prescribe the rights and responsibilities of the parties. Judges have a lot of discretion when applying the law to the facts so we speak in terms of the likely "range of outcome". Fairness in family court means applying the rules and…
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Blog entries
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Is Your Ex-Wife Ignoring Your Children During Parenting Time?
14 May 2012 | 6:00 pmBy Julie GarrisonSpecial to DadsDivorce.comWhat happens when a divorced dad has been noticing that his ex-wife's parenting time has been increasingly interrupted with activities that she seems to place above her children?There are many stories on the DaRead More... -
I Agreed To A Temporary Alimony Order I Want To Change. What Should I Do?
14 May 2012 | 6:00 pmQuestion:My wife hired a divorce lawyer after we filed for separation, but I am representing myself pro se. I am not pleased with the alimony order her lawyer drafted, but I have already agreed to it "temporarily."What should I do in order to have the terms of the alimony order changed?Answer:I am unable to give you legal advice oRead More... -
How To Find Hidden Assets In Divorce
13 May 2012 | 6:00 pmBy Grant WebbBisk EducationIn divorce cases where hidden assets are suspected, it is often the husband who has been accused of concealing accounts or funds that might be used against him during the settlement proceedings. However, this fraudulent financial activity is not limited to just men. More and more women are iRead More... -
What Is A Mediator's Role In Divorce?
13 May 2012 | 6:00 pmQuestion:I am about start to mediation in the divorce process and my wife is insisting that the mediator is going to side with her on certain child custody and parenting time issues.I thought mediators were not allowed to make those types of decisions and were only there Read More... -
Child Support: Do You Have To Report Increased Income To The Court?
11 May 2012 | 6:00 pmQuestion:I was recently promoted and will receive an increased salary. Since I pay child support to my ex-wife am I legally obligated to inform her or the court of my increased income?I assume that would automatically result in a child support modification and an increase in my payments.Answer:I can only provide general divorRead More...
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Plano Family Law Attorneys Blog
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Pet parent spends $60,000 on dog custody battle
14 May 2012 | 11:08 amParents in Texas will likely do whatever it takes to secure custody rights of a child. When an ex violates a visitation or custodial agreement, it can be a devastating breach of trust. Further, it can be challenging to restore the parent-child relationship that may have been interrupted. The situation can get even more complex when the subject of a custody battle is not a child, but a pet. In all states, pets are considered to be property. In the event of a break up or divorce, many judges may consider a shared pet to be more like a piece of furniture than a child. However, increasingly,… -
Reese Witherspoon's mother wants husband's marriage annulled
11 May 2012 | 1:57 pmIn an attempt to protect her husband of 42 years, the mother of famed actress Reese Witherspoon is trying to have his second marriage annulled. What is her main complaint? The Witherspoon couple is still married. Mary Witherspoon claims that she and her husband have been separated for over 15 years, but they have never gotten divorced. Because they are still very much married, his January marriage to another woman should be voided. Witherspoon filed for the annulment, she says, because she believes the other woman is taking advantage of her husband and his deteriorating mental condition. -
Linda Evangelista's son needs 24-hour care, bodyguards
7 May 2012 | 3:01 pmEstablishing the credibility of child care costs during a child support hearing can be very important. These payments are made by a non-custodial parent in order to provide financial support to sustain the well being of a child. In Texas courts, there is a relatively straightforward method to calculating these child support payments, but the court can always decide to raise or lower that amount. However, determining what is and is not a legitimate child-related expense can be difficult. This may be especially true when each of the parents enjoys a fairly lavish lifestyle to begin… -
Playing hide and seek with assets
4 May 2012 | 11:19 amA person who is considering a divorce, or is in the midst of one, may panic. In a Texas divorce, assets are divided, settlements may be awarded and bad behavior may be uncovered. It is not an uncommon thing for people to try and hide assets or affairs in the hopes that they will not have to share any of it with their spouse. Hiding assets during a divorce is illegal, however. In the past, it was difficult and time-consuming to try and uncover this behavior. But these days, it is easier than ever to track down hidden assets or relationships. With the popularity of cell phones, social… -
Texas fathers can challenge paternity until September
30 Apr 2012 | 1:44 pmThe deadline is looming for Texas fathers who want to seek a termination of a parental relationship. Men who believe they are not the biological father of a child have until Sept. 1, 2012 to challenge paternity thanks to a new law passed last year. The statute was passed in order to give men who have been legally declared to be the father of a child the opportunity to challenge the relationship. Paternity fraud is not uncommon, unfortunately, and there are many fathers who are paying child support for a child that is not biologically theirs. By filing for a termination of the parental…
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Marilyn Stowe Blog
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Lilleyman v Lilleyman: a question of costs. By Laura Guillon.
15 May 2012 | 11:46 amLilleyman v Lilleyman was an interesting case, explored in depth in the last post, in which a widow argued that her reasonable needs had not been met in her late husband’s will. Almost the entirety of his estate had been left to his sons from a previous marriage. His wife of two years had been left his Dinky Toy collection along with other chattels, gifts, conditional rights of occupation of the former matrimonial home and a holiday home, and an annuity of £378 per month. She made a claim under The Inheritance (Provision for Family and Dependants) Act 1975, which gives the court power to… -
Lilleyman v Lilleyman: spouses and the Inheritance Act. By Laura Guillon.
15 May 2012 | 11:27 amThis blog receives many queries from people who are left stranded after the death of a family member, particularly a partner or spouse. People generally try to brush off thinking about what would happen if they were to die and their affairs have not been left in order. However problems arising from just such a scenario could mean that survivors are left with taxes to pay and debts to meet. The people they would have provided for are left with less than they would otherwise have received, or nothing at all. Laura Guillon a trainee at SFL whom I first met as a tiny tot at the kindergarten she… -
The Queen’s Speech: a family lawyer’s response
11 May 2012 | 9:40 amIn these cash strapped times and having suffered huge recent defeats at the polls, the government seems to be keeping its head down, which is a pity. Recession is a time of opportunity, and I believe those who are prepared to go for growth, rather than simply cutting budgets still tighter, will fight their way through. Its legislative programme as outlined in the recent Queen’s Speech was uninspiring as far as family law is concerned. Yes, for private children disputes the government will try and ensure that, subject to the welfare principle, separated fathers will get more of a look in. -
CKFT v Minkin: counting the costs and the lessons learned. By guest blogger Eleanor Webster
11 May 2012 | 5:02 amWhen you instruct a solicitor in your matrimonial case you receive a costs estimate which gives an estimate of likely costs. If the figure mentioned is acceptable and you agree, a retainer letter is signed. Then the unexpected happens, the case takes a sudden and unexpected turn, there is a change of course, the legal costs increase, you receive the bill and …you feel aggrieved. In almost all cases the costs estimate can be reviewed, communicated to and then agreed by you before the costs are incurred. But if the work is part of an urgent matter in court, it just may not be possible. -
Geary v Rankine: how a cohabiting couple’s assets are divided. By guest blogger Lindsey Randall.
10 May 2012 | 8:57 amThe recent case of Geary v Rankine [2012] EWCA Civ 555 involved a relationship that lasted from 1990 to 2009. The relationship with Mr Rankine began while Mrs Geary was still married. She did not divorce her husband until 2002. Mr Rankine and Mrs Geary had a son together in 1992. Geary v Rankine is of interest to cohabiting couples, or those whose cohabiting relationships have broken down, because it demonstrates (once again) the complexities involved in trying to establish an interest in property – which would be a far easier task had the parties been married. Readers will recall the…
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South Carolina Family Law Blog
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Four things to know about Financial Declarations in Family Court
15 May 2012 | 11:00 amIt sounds simple enough, Financial Declaration (sometimes referred to as a Financial Affidavit). It’s something that each party in most Family Court cases must complete, even in cases that may seem to be “uncontested”. The document details the typical financial factors that play a role in every marriage: how much you earn, how much you spend, how much you owe and what you own. The affidavit provides the court with a snapshot of your financial picture. Though it seems straightforward, many people discover the document is more complicated than they anticipated. Determining… -
Neighboring North Carolina Passes Constitutional Gay Marriage Ban
14 May 2012 | 12:53 pmA recent Huffington Post article discussed the decision by North Carolina voters to alter their state constitution this week. The law now reads that the only legally valid domestic partnership in the state is marriage between a man and a woman. The constitutional amendment received broad support, passing 61% to 39%, and made the state the 29th to institute such a ban. To some the amendment seemed unnecessarily duplicative given that the state already had a gay marriage ban in place. The new amendment makes it even more difficult for lawmakers to ever attempt to change the law. It also goes… -
How To Financially Prepare for a South Carolina Divorce
11 May 2012 | 8:00 amDivorce is a difficult process, emotionally and financially. Before you blindly step into the stressful process, there are steps you can take to empower yourself by getting your financial ducks in a row. Taking the following steps can help make things run more smoothly and even lower your eventual legal bills by being so prepared. According to a recent FoxBusiness article, the following five tips are some that every soon-to-be-divorced couple should pay attention to for help easing the process. 1. Evaluate your assets The house is the biggest asset that most couples possess but there… -
How To Deal With Your New Love’s Ex
9 May 2012 | 8:00 amIt’s really easy when meeting your new love’s former spouse to have thoughts immediately turn negative. And while it’s true that some are every bit as evil as you may want to believe, they aren’t always bad news. With that in mind, follow these simple rules to help manage an ex in your life. 1. Set the right tone and be friendly It’s true what they say; you usually get what you expect from people. If you’re already expecting the wicked witch and treat the ex as such that’s likely what you’ll get. Even if the ex had good intentions your negativity could turn her away. 2. -
How To Have a Better Divorce in South Carolina
7 May 2012 | 8:00 amAccording to a recent article in Psychology Today, while divorce may be brutal for some it does not have to be that way. For many, splitting up happens because two people simply weren’t meant to be married. If you’re trying to find ways to be good to your ex during your divorce follow some of these steps to help keep the peace: 1. Don’t try to be friends too soon. You’ll both need time to heal and recalibrate following a divorce. Make sure that you both have a safe distance from one another to heal on your own schedule. For some it may feel lousy and lonely for a while but it’s…
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Divorce Lawyers Chicago
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Gay Marriage and a Presidential First
11 May 2012 | 1:48 pmPresident Barack Obama made a public statement to ABC news endorsing same-sex marriage. That day, Wednesday, May 9th, 2012 will stand as a significant date in American history…for the first time in United States history, a sitting president has not only voiced a clear opinion on the topic of gay and lesbian marriage, but he also made a statement of support towards this issue. This is a long time coming for Obama, who publically favored same-sex marriage as he ran for Illinois State Senate in 1996 and claimed that his feelings on the issue were “evolving” in 2010, shortly after he was… -
Pet Custody In Divorce – Fighting for Fido
6 Apr 2012 | 8:36 amOnce almost completely unheard of, custody battles involving pet ownership are becoming a reality of the 21st Century. As increasingly more civil unions, domestic partnerships and same-sex marriages break apart, it is not surprising that the number of custody fights over who gets a couple’s dog, cat or bird is also on the rise. A recent survey of 1,600 matrimonial lawyers revealed that at least a quarter of respondents saw a definitive increase in pet custody cases since 2001—with some attorneys handling a 15 per cent increase in just the last few years alone. As Sue Manning of… -
Tips to a Long Marriage
8 Mar 2012 | 9:34 amTips to a Long Marriage With nearly one out of two marriages ending in divorce, researchers have been concentrating on what are the “secrets” to a long-lasting marriage. Surprisingly, the results of these studies seem to debunk what psychologists and researchers had previously found. In general, there seems to be much agreement that couples that have the highest expectations for the institution of marriage itself, will end up with the best marriages. That’s because these couples not only care deeply about their marriages, but they are willing to work and fight for them, according… -
Major Change to Child Support Calculation in Illinois?
17 Feb 2012 | 2:50 pmIllinois is currently considering a major overhaul to the way child support is calculated in the state. The concept of child support is relatively straightforward to divorce attorneys and their clients : if parents are not jointly caring for the child, one parent is the custodial parent, and the other (noncustodial) must help financially support the child’s upbringing. It’s much less straightforward to figure out how much is fair to make the noncustodial parent pay. There are two main formulas that states use to determine how much the noncustodial parent must pay. Illinois… -
Joint Tax Filing for Illinois Civil Unions
24 Jan 2012 | 5:06 pmAs more and more states are joining the civil union bandwagon, including Delaware and Hawaii, we’re beginning to see some of the perks of the new domestic partnership status here in Illinois. The Illinois Department of Revenue has recently confirmed that couples in civil unions will be able to jointly file their taxes in 2012. Although the state’s Civil Union bill took effect last June, it has remained unclear whether couples in civil unions would be able to file taxes together. The Department of Revenue’s initial policy was to require couples in civil unions to file…
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Scaling the Summit: A Family Law Blog
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Combating Domestic Violence in the Workplace
14 May 2012 | 1:19 pmPresident Obama recently issued a Memorandum to the heads of the executive departments and agencies regarding Domestic Violence in the workplace. The memo requires the Office of Personnel Management to establish policies to better assist victims of domestic violence who are federal employees. According to the memo, the CDC estimates that $8 billion dollars in productivity and health care costs are lost every year due to domestic violence. This is in addition, of course, to the personal and family losses that are also caused by domestic violence.We often forget that the… -
The New Alimony Law: A Primer for the Public
30 Apr 2012 | 9:03 amThe Divorce Center Offers Seminar Introducing Recent Major Changes to the Massachusetts Alimony LawEffective March 1, the Alimony Reform Act of 2011 Changed the Massachusetts Alimony Law Significantly for the First Time in 30 Years Newton, Mass. – March 28, 2012 – The Divorce Center, a non-profit organization of professionals from multiple disciplines providing support and education for people going through separation or divorce, is offering a seminar entitled:“The New Alimony Law: A Primer for the Public” on May 15, 2012 from 7:00 to 9:00 p.m. at the Weston Public Library community… -
Press Release: Can Technology Improve How People Get Divorced?
26 Apr 2012 | 2:34 pmPress Release from Kelsey & Trask, P.C. - April 26, 2012:CAN TECHNOLOGY IMPROVE HOW PEOPLE GET DIVORCED? Framingham Attorneys providing iPads to their Divorce ClientsSocial media and technology have changed how we live and connect socially in many ways, and these changes extend to how we break up as well. Even if you're not a member of Second Life, you likely have a second online life made up of your Facebook posts, your Pinterest pictures and your Tweets. So what happens when you get divorced? When do you change your relationship status? Should you change your passwords? Is it… -
What does a Collaborative Law Coach do?
25 Apr 2012 | 9:00 amGuest Post Introduction: Gina Arons, PsyD is a clinical psychologist with over 25 years experience working with adults, children, couples and families at her practice in Lincoln, MA. She is a Collaborative Law coach-facilitator and mediator. Dr. Arons serves on the board of The Massachusetts Collaborative Law Council (MCLC) and is a member of The International Academy of Collaborative Professionals and The Massachusetts Council of Family Mediation. She wrote the following guest post for us regarding: WHAT DOES A COLLABORATIVE LAW COACH DO?By Gina Arons, PsyD When a… -
Should Shared Parenting be Presumptive?
23 Apr 2012 | 10:41 amThe Minnesota House recently passed a shared parenting bill which has a presumption of at least 45.1% of the parenting time with each parent. This presumption can be overcome by certain factors. Attorney Robert Franklin has written an editorial supporting the bill and calling on the Senate and Governor to pass it as well. A similar movement has been trying to get presumptions of shared physical custody passed in Massachusetts, and we reviewed these proposals in our series on Custody Reform. Custody Reform should be based on evidence about what defaults are in the best interest of…
