Family Law

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    South Carolina Family Law Blog

  • The "Temporary" Nature of Temporary Hearings

    19 Nov 2009 | 9:01 pm
    This week, I have explained certain aspects of temporary hearings in Family Court cases in South Carolina.  One of the things that I explain to all of my clients before these hearings is "No matter what happens, good or bad, this is only temporary."  I also reassure my clients that I am not telling them that to prepare them for bad news, as I discuss this point all my clients, whether I think the hearing will go our way or not. Because the Court is only given certain slices of information by the parties and there is no opportunity for cross-examination at these…

  • Tips to Help You Write Persuasively

    17 Nov 2009 | 9:01 pm
    Earlier this week, I discussed temporary hearings and explained how issues are presented as being "black" or "white".  Every document prepared for the temporary hearing (including the pleadings drafted by the attorney and the Affidavits drafted by the client and witnesses with the attorney's guidance) should be written with the goal of persuading the Judge to decide in your favor. Allison Shields recently listed several tips for persuasive writing on her blog, and I believe that they are particularly relevant in the context of preparing documents…

  • Temporary Hearings - Black vs. White

    15 Nov 2009 | 9:01 pm
    In South Carolina, the majority of Family Court cases begin with a "temporary hearing", which is scheduled as a result of one party filing a Motion for Temporary Relief.  At this hearing, the Court determines what will happen between then and the final hearing, which is typically held many months in the future.  The main types of issues decided at this hearing include which party will have temporary custody of children, what visitation the other party will have, how much child support will be paid, who gets to stay in the house, how the debts will be divided, whether there…

  • How to Divide Personal Property in a Divorce Case

    13 Nov 2009 | 5:59 am
    Some people choose to spend a lot of time, effort, and money fighting over personal property.  However, as experienced family law attorneys know, there is a better way to handle those issues.  The following post explains a common sense approach to dividing personal property in a divorce (or separation) case: The division of personal property in a divorce can be one of the most expensive, emotional, and wasteful parts of a case. Parties will often spend thousands of dollars arguing over a very inexpensive piece of personal property. Personal property, meaning furniture, art,…

  • Do "Uncontested" Divorces Really Exist?

    11 Nov 2009 | 8:24 pm
    I read a very interesting blog post that analyzed the term "uncontested divorce" and I wanted to share it with my readers: Divorce attorneys frequently receive telephone calls from potential clients asking, "What do you charge for an uncontested divorce?"  Unfortunately, this question is generally impossible to answer right off the bat. There are hundreds of variables which influence the costs of a divorce. Sometimes, a person says he or she wants an uncontested divorce because "I've decided what I'm going to give her (or him)." Equally often, the…
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    Massachusetts Divorce & Family Law Blog

  • Maine Voters Repeal Gay Marriage Law

    Steven Ballard
    4 Nov 2009 | 6:27 am
    Maine voters repealed their state's gay marriage law yesterday. BOSTON GLOBE - PORTLAND, Maine - Maine voters overturned the state’s same-sex marriage law yesterday, delivering a potentially crushing blow to gay-rights advocates after a year when their cause seemed to be gaining momentum with legislative and legal victories in four states.The “people’s veto’’ came six months after Maine’s law was

  • Alimony Reform and the Business of Divorce

    Steven Ballard
    5 Oct 2009 | 4:04 pm
    The Boston Business Journal continues to cover the controversy over the competing Massachusetts alimony bills, and in Friday's article by Lisa van der Pool, Dueling alimony bills raise hackles in legal circles, the focus was on the question of whether Senator Cynthia Creem, chair of the Senate's Judiciary Committee, has a "conflict of interest" on account of her sponsorship of the alimony reform

  • Is Family Law a Masterful Scam? A Criminal Enterprise?

    Steven Ballard
    29 Sep 2009 | 7:07 am
    I thought I would reprint my response to a comment on my last post, which was on the issue of alimony reform, as I believe it deserves its own post here. Over the years, I have found some people to be so angry and bitter, after going through difficult experiences in the family law system, that they lose all sense of reality and become paranoid. I have thought about this again recently after

  • Of Two Alimony Reform Bills, House Bill is Far Better

    Steven Ballard
    26 Sep 2009 | 11:47 am
    There are two competing alimony reform bills currently pending in the Massachusetts legislature: Senate Bill 1616 and House Bill 1785. The Senate bill, backed by influential members of the Boston Bar Association, essentially would preserve the status quo. It would merely add language to the statute so as to give judges the explicit ability to set a duration for alimony - i.e. to set a term of

  • Baucus Bullshit

    Steven Ballard
    16 Sep 2009 | 10:20 am
    Well, now we know: Baucus outlines health plan without GOP support - AP/Yahoo News. The Max Baucus Plan is awful. Actually, the Max Baucus Plan Sucks. Well, I'd use even stronger words than that. Baucus Bullshit, I'd call it. It would cost $856 billion, but some $500 billion of that cost would be paid out of cuts to Medicare. The plan, which would have no public option, would do next to
 
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    Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

  • Support Collections Rise Dramatically Because State and County Cooperate to Train and Place Unemployed Deadbeat Parents and Ex-Spouses in Jobs

    Janet Langjahr
    20 Nov 2009 | 4:56 pm
    Noncustodial parent and/or former spouse behind in child support or alimony payments? Well, Pennsylvania has come up with a proven, working solution. A county support enforcement agency cooperates with the state’s job-finding and job-training agency. The state and county each invest some funds into the program. But the payoff is tens and tens of thousands of dollars and more in collected support payments that would not have been made but for the resulting job placements of noncustodial parents and former spouses. The pilot program has been around for a few years, but has had wider…

  • Tribe Thwarts American Indian Father’s Efforts to Gain Custody of Daughter in State Child Welfare Agency’s Care

    Janet Langjahr
    19 Nov 2009 | 7:33 pm
    Mother gives Daughter up for adoption upon Daughter’s birth. Daughter has been in the custody of state child welfare agency for all of her two years. Father seeks custody of Daughter. Father is an American Indian. Father seeks to invoke the Federal Indian Child Welfare Act (ICWA), which applies to children of American Indian heritage. In the first trial over custody of Daughter, Father’s tribe sends a representative to testify in state family court that Daughter is not formally enrolled as a member of their American Indian tribe – and is no longer eligible for membership.

  • Worst Parental Dispute of All: Parents Ask Court to Decide Whether Baby Should Live or Die

    Janet Langjahr
    16 Nov 2009 | 8:03 pm
    Mother and Father have 1 year old Baby. Mother and Father are separated. Baby has condition as a result of which his lungs constantly fill with fluid and then have to be suctioned out. Baby is in the hospital on a ventilator. Baby’s prognosis does not look good. The hospital and doctors recommend taking Baby off the ventilator and allowing him to die. Father believes Baby has some quality of life and does not want to take Baby off the ventilator. So Father seeks a court order prohibiting taking Baby off the ventilator. As the case is progressing, another medical specialist is being…

  • Baby Taken into Custody for Doing Drugs … Protective Custody, That Is

    Janet Langjahr
    15 Nov 2009 | 8:16 pm
    Police receive anonymous tip indicating that the odor associated with pot is emanating from a certain home. Police go to investigate. At the home, police find various drugs … and a Toddler. Police contact the local child welfare agency (Agency), which takes Toddler into protective custody. The Agency tests Toddler for drugs. The test reveals that Toddler has more than one type of illicit drug in his system, including marijuana and methamphetamines. Toddler’s parents are arrested for felony child abuse. A juvenile dependency action will presumably be commenced as well to determine…

  • Mother Abducts Children from Legal Guardian in UK to Morroco

    Janet Langjahr
    14 Nov 2009 | 8:59 pm
    UK Grandmother is legal guardian of her two granddaughters (Girls). Girls’ Mother abducts the Girls to Morocco. Unlike the UK, Morocco is not a party to the Hague Convention on the Civil Aspects of International Abduction. Now Mother won’t return Girls to the UK and Grandmother. The matter is in legal limbo in Morocco. Grandmother would like to fly there to expedite things, but can’t afford the flight. UK officials are negotating through the Moroccan Ambassador to the UK. The Moroccan Ministry for Foreign Affairs has requested a document explaining the circumstances in both…
 
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    Divorce Discourse - Family Law Technology, Management, Marketing

  • Google, Quickbooks and Why Your Personality Matters

    Lee Rosen
    21 Nov 2009 | 4:30 am
    Happy Saturday! Every Saturday I publish links to some of the things I’ve come across that might interest you. These are things that caught my attention this week. I’m publishing these links without much comment so you’ll have to click on them if you’re curious. I’m also including a picture I like.Finding the laws that govern us – Google makes legal research free and gears up to wipe out a bunch of providers.QuickBooks 2010 Expends Beyond AccountingWhy Brand Names Mean Little – And Why Personality Matters MorePost from: Divorce Discourse - Family Law Practice…

  • Would You Like to Learn a New Language?

    Lee Rosen
    20 Nov 2009 | 2:15 pm
    Some of you’ve been doing the same thing for a long time. I certainly have. I’ve been practicing family law for 22 years.It’s easy to get into a rut. We keep up to date with developments in our field, but we don’t learn anything entirely new.Years ago, back around 1995, I started taking flying lessons. I loved it. The flying was a blast, but learning all the new stuff was what really got me going. I even had to do some math in order to get my pilots license (which was seriously challenging for me) and I found myself enjoying it.I think I went into the lessons with a…

  • Is Your Office “Out of Town”?

    Lee Rosen
    19 Nov 2009 | 4:30 am
    Earlier this week I did some consulting with an attorney seeking to build his practice. We talked about the usual stuff as I moved through an interview about the basics of managing and marketing a family law practice.We were rolling along and I was getting a sense of how things are going for the practice. We did some Google searches together to size up the competition when something suddenly hit me. It wasn’t something I was prepared to inquire about and suddenly I realized that we were talking about building a practice in one city when the office is located in another city.To…

  • Don’t Lose Your Chance to Pick A CPA

    Lee Rosen
    18 Nov 2009 | 4:30 am
    Who’s going to do your tax return next year?Now is the right time to answer that question because it makes sense to sit down with your CPA now and do a year end review of your situation. If you don’t meet before the end of the year, you might not have time to do some of the things your CPA recommends. I’m not going to run through a list of the things you could do before the end of the year to save yourself some money, but your CPA will and if you wait you’ll lose out on those opportunities.But, who’s going to do the return? Will it be the same person as last…

  • How to Grow Your Practice Over the Holidays

    Lee Rosen
    17 Nov 2009 | 4:30 am
    For most family law practices things slow down a bit near the end of the year. Clients are busy with the holidays and don’t call quite as often. Potential clients are trying to get through the holidays without disrupting the children.You’ve got a bit of free time coming that you might not have had before. How are you going to use it?You could spend it with your family.You could catch up on the work you’ve been unable to get to.Or you could use it to build your practice.I suggest option three – building your practice – you knew I was going to say that,…
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    Sam Hasler's Indiana Divorce & Family Law Blog

  • Attorney Fees: About My No Free Consult Policy

    21 Nov 2009 | 6:55 am
    Lat year I decided that there would no longer be free consults in my office.  Part of this came about because I was without a secretary and I was using the initial telephone call to decide if it was worth having the potential client come into the office.Underlying my policy are several concerns:  1) a free consultation means my other clients are subsidizing the time I spent discussing a new case and 2) it sorts out the clients who lack the funds and the seriousness to take on as clients.Divorce Discourse posted Free Consults? makes legitimate points in that post.  Taking care…

  • Local Rules: Fayette County defines “reasonable visitation”

    20 Nov 2009 | 8:49 am
    Long before the Indiana Parenting Time Guidelines some judges would order "reasonable visitation" without ever defining reasonable visitation.  The general interpretation followed the definition below in the first sentence.  Not that this did not generate lots of litigation over who was and was not being reasonable (one side's reasonableness is the other side's unreasonableness).Still, I give the Connersville judges credit for putting the emphasis on the parties setting up their own visitation schedule.LR21-FL00-FL-7VISITATION ORDERSThe phrase “reasonable visitation” if not…

  • Just Noting Some Blog Posts

    20 Nov 2009 | 7:49 am
    Just noting some interesting posts that I wish I had more time to comment on but I think worth reading.Children & divorce: where do we go from here? By guest bloggers Stephen Hopwood & Andrea Essen. from Marylin Stowe's blog has this:Well, the unpalatable truth remains that although the Children Act is the best fix for a difficult situation, it will never be as effective as an agreement made by parents who work together for their children. What is more, a recent survey of 4,000 parents and children makes for grim reading. Seventy per cent of parents quizzed cited the child’s welfare…

  • What Do You Know About Indiana Courts? Part Two - Trial Judges & Commissioners

    19 Nov 2009 | 6:00 am
    If you have read What Do You Know About Indiana Courts?, you have probably realized that Indiana has no courts dealing specifically with family law cases.For the most part, our trial judges have their time taken first by criminal cases and then by civil suits and then family law cases.  What expertise exists for family law cases will be found more in the unelected commissioners.Recently Madison County offered a good example of what we have for judges.  Our long standing Circuit Judge resigned and the Governor appointed a new judge.  The Anderson Herald-Bulletin described the…

  • Indiana Courthouse Tours

    19 Nov 2009 | 5:43 am
    Whiule not very complete,Courts in the Classroom > Court History Museum Online does give the broader public a chance to see some of Indiana's courtrooms.The Indiana Supreme Court is in the process of developing virtual courthouse tours for Indiana's 92 county courthouses, all of which are historically significant, and many of which are aesthetically and architecturally significant. In the coming months, these tours—complete with 360° interactive imaging, still photo galleries, and narrative information about each courthouse—will be published to the Courts in the Classroom website and…
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    UPDATES IN MICHIGAN FAMILY LAW

  • Fathers awarded custody more often

    Jeanne Hannah
    21 Nov 2009 | 6:58 am
    According to Working Mother Magazine, many women who are the primary wage earners in a marriage are losing custody of their children to their husbands when the marriage ends. Working Mothers says that there are now 2.2 million divorced women in the United States who do not have primary physical custody of their children, and that an estimated 50 percent of fathers who seek such custody in a disputed divorce are granted it.

  • David Goldman to testify in Washington

    Jeanne Hannah
    20 Nov 2009 | 4:58 pm
    The Associated Press reports today that David Goldman of Tinton Falls, New Jersey will testify on December 2nd before a congressional human rights panel in Washington. David is the father of Sean Goldman who was kidnapped by his mother more than 5 years ago.

  • Custody awarded to father

    Jeanne Hannah
    20 Nov 2009 | 11:42 am
    A trial court awarded custody of two minor children to a father and the Michigan Court of Appeals ["COA"] affirmed on November 10, 2009 despite the fact that the mother had been the primary caregiver since the birth of the children.

  • David & Sean Goldman | A father left behind

    Jeanne Hannah
    16 Nov 2009 | 5:29 pm
    A powerful report was published today in the Asbury Park Press, a New Jersey newspaper, decrying the inaction of United States officials in helping to get Sean returned to his father.

  • Prenuptial agreements | The importance of full disclosure

    Jeanne Hannah
    16 Nov 2009 | 9:04 am
    Should a person sign a prenuptial agreement to which no financial disclosures are attached? A prudent person (especially a prudent lawyer advising a person) would make sure the financial disclosures are attached to the prenup to prove full and fair disclosure or assets and/or income.
 
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    Divorce Law Journal

  • Atkisson v. Atkisson, Ky COA, Marital and Nonmarital Property, Fees, Temporary Maintenance, Garnishment and Judgment Lien

    Diana L. Skaggs
    19 Nov 2009 | 8:55 am
    Atkisson v. Attkisson and Atkisson v. Atkisson (consolidated appeals, separate opinions) ___S.W.3d____ (Ky App. 2009) and ___S.W.3d____(Ky App. 2009) Husband appealed the trial court’s division of marital property, award of temporary maintenance, award of attorney fees, and denial of relief to quash garnishment writs and judgment lien. Marital residence:     Court awarded husband the residence, but awarded all the equity in the residence to the wife as her non-marital property.  Husband argued that the court should have apportioned the equity as set out in…

  • Temple v. Temple, Child Custody, Ky COA

    Diana L. Skaggs
    19 Nov 2009 | 8:38 am
    Temple v. Temple, ____S.W.3d____(Ky. App. 2009) Karen is the adopted daughter of Cheryl and Phillip.  At the time of the adoption, Karen was classified as severely emotionally disturbed.  When the parties divorced, Karen remained with Cheryl.  In 2003, at seventeen years old, Karen had a child, N.T.  Karen and N.T. lived with Cheryl for the first twenty months of the child’s life and Karen relied heavily on Cheryl for the support and care of N.T.  Karen later moved into an apartment with N.T., but still relied heavily on Cheryl.  Karen was investigated…

  • No To Be Published Ky COA Family Law Opinions This Week

    Diana L. Skaggs
    6 Nov 2009 | 8:33 am
    We are up-to-date in posting all Kentucky published family law opinions.

  • No Ky S.Ct. To Be Published Family Law Opinions This Month; Review Granted In One

    Diana L. Skaggs
    29 Oct 2009 | 7:54 am
    The Kentucky Supreme Court accepted discretionary review of one unpublished family law case, Noe v. Artrip. The issues are whether a thrift saving plan withdrawal is income for child support calculation and whether a non-custodial, non-disabled parent is entitled to a credit toward his/her child support based on the child's receipt of social security benefit paid on account of the other parent's disability.

  • Money v. Money, Ky COA, Modification of Marital Settlement Agreements

    Diana L. Skaggs
    27 Oct 2009 | 9:50 am
    Money v. Money, ____S.W.3d____ (Ky. App. 2009)   Ex-Husband appealed from TC’s order assigning him additional marital debt subsequent to a marital settlement agreement (“MSA”), arguing that MSA was ambiguous and that TC erred by assigning him additional debt, which he alleged was unknown at the time of MSA. On cross-appeal, Ex-Wife argued that MSA was unconscionable.   FACTS: After parties attended mediation with counsel, MSA was entered and incorporated into the decree of dissolution.  MSA provided that Ex-Wife would receive several investment accounts worth over…
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    International Family Law

  • Japan and International Child Abduction

    17 Nov 2009 | 5:38 am
    Policy hurts Japanese nationals too Lawyer for Christopher Savoie foresees curbs on visits 'home' with kidsBy JEREMY D. MORLEYIn the debate about whether Japan should sign the Hague abduction convention, a serious consequence of Japan's failure to ratify the treaty is being overlooked. Japan's failure to sign the convention is extremely damaging to Japanese nationals living overseas, since it makes it far harder for them to bring their children to Japan for visits, and encourages them to break foreign criminal laws that prohibit international child abduction.A key reason that Japan has not…

  • People in Glass Houses …

    13 Nov 2009 | 2:40 pm
    Does the U.S. comply with the Hague Abduction Convention?By Jeremy MorleyThe United States Congress has instructed the U.S. Secretary of State to issue annual reports evaluating the compliance by other countries of their obligations under the Hague Abduction Convention. Valuable efforts are under way that seek to expand such oversight by agencies of the U.S. Government.All of this naturally raises the question of the extent to which the United States is itself in reasonable compliance with the terms of the treaty.The author, expressing his purely personal opinions, has substantial concern as…

  • Korea Reportedly Moving Towards Signing the Hague Abduction Convention

    25 Oct 2009 | 11:17 am
    Korea is apparently taking steps towards signing the Hague Abduction Convention.This would be a major step forward in the prevention of international child abduction. Korea Mulls Signing Treaty to Protect KidsKorea is moving to sign an international treaty to protect children against parental abuse and possible abduction in cases of multi-cultural marriage breakdown.A government source said the nation is inching closer to joining the 1980 Hague Convention on the Civil Aspects of Child Abduction.The multilateral treaty signed by 81 countries provides a mechanism that ensures the prompt return…

  • Japan – Leading Haven for International Parental Child Abduction

    18 Oct 2009 | 7:38 am
    The firestorm of publicity that we generated concerning the case of my client, Chris Savoie, whose kids were abducted to Japan by their Japanese mother, has now led to an official demand by eight countries that Japan stop its practice of providing a safe haven for international child abduction. In order to generate concern about my client's plight I appeared on the NBC Today Show twice, CBS’ Morning Show, CNN's American Morning, CNN’s Anderson Cooper, CNN’s Situation Room with Wolf Blitzer, Headline News, and a host of other shows and I was interviewed at length by newspaper reporters…

  • Publication of International Family Law Practice

    3 Oct 2009 | 8:52 pm
    My book, International Family Law Practice, has now been published. It can be ordered through West at http://west.thomson.com/productdetail/159300/40816680/productdetail.aspxWest Publishing Co. Description:DescriptionThis title provides a practical approach for U.S. lawyers handling international family law matters. It focuses on international marriage and divorce, international prenuptial and postnuptial agreements, international divorce planning, recognition of foreign divorces, international child support and custody, international relocation of children, and international child abduction.
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    New Jersey Family Law

  • MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE LAWYER ALIMONY

    Charles Abut
    20 Nov 2009 | 7:16 am
    The New Jersey divorce judge's extension of the limited-duration alimony [LDA] term was mistaken. The matter is remanded for full consideration of the continuing need for LDA, or its modification, applying the standard of N.J.S.A. 2A:34-23. This statute provides that the term of LDA shall not be modified except in "unusual circumstances." Although defendant's changed circumstances might meet the Lepis v. Lepis standard to warrant a reduction in the quantum of alimony, it falls short of the heightened statutory standard required to expand its durational term. Gonzalez-Posse…

  • SECAUCUS HUDSON COUNTY NEW JERSEY PALIMONY MEDIATOR

    Charles Abut
    17 Nov 2009 | 11:49 am
    She sued him for palimony, based on their living together for over 10 years and having 2 children together. The case went to trial, at the end of which the judge threw out all her palimony related claims. The judge ruled she had not proven an underlying promise by him of "lifetime support", which is the indispensable requirement of a palimony claim. These findings are affirmed on appeal. Dukes v. Fritz, New Jersey App. Div., November 17, 2009

  • SOUTH ORANGE ESSEX COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

    Charles Abut
    16 Nov 2009 | 6:04 am
    Even though the World Series is over, baseball is still headline news. The buzz is about divorce filings by Frank and Jamie McCourt, whose marital assets include the Los Angeles Dodgers. Their allegations include : she's a lawyer, but didn't know what she was doing when she signed their prenup; their assets exceed $1.2 billion dollars; his claim that she's having an affair with her chauffeur; and her claimed lifestyle expenses, greater than the combined salaries of players Matt Kemp, James Loney, Clayton Kershaw, Jonathan Broxton and Chad Billingsley.    McCourt v.

  • WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY

    Charles Abut
    13 Nov 2009 | 10:53 am
    Although the New Jersey divorce judge was correct in finding a net credit of $36,062.38, it was error to order the credit to be paid from a joint escrow account. Rather, the account should first have been divided equally and then the credit should have been paid from plaintiff's share.   Czuchnicki v. Czuchnicki, New Jersey App. Div., November 12, 2009

  • BERKELEY HEIGHTS UNION COUNTY NEW JERSEY ALIMONY DIVORCE MEDIATOR LAWYER

    Charles Abut
    13 Nov 2009 | 9:58 am
    The ex-husband appeals from the denial of his motion to terminate alimony. But the facts presented do not justify this relief. The ex-wife's increased income is still less than the alimony. Further, the failure to impute additional income to her was not error, because she is only working part-time.    Donet v. Donet, New Jersey App. Div. November 11, 2009
 
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    Family Lore

  • Re B: Why a grandmother was preferred to a father

    20 Nov 2009 | 1:12 pm
    Why would a court prefer a child to be brought up by a grandparent rather than a parent? That was the decision in the first family law case of the new Supreme Court, overruling the decision of the Court of Appeal.Re B (A Child) [2009] UKSC 5 concerned a three year-old boy who had been cared for since birth by his maternal grandmother, who was granted a residence order by consent in November 2006. In 2008, his father applied to the Family Proceedings Court for a residence order, but was refused. He appealed, and the High court overturned the decision, transferring residence to the father. The…

  • Updating Family Lore Focus

    20 Nov 2009 | 6:38 am
    I am in the process of updating Family Lore's companion site, Family Lore Focus. I've just uploaded the new front page, which I will be testing for the next few days, before I start to roll out the rest of the new site. I hope that readers find the new site to be an improvement, although if you find any problems with it, please let me know by email, at john[@]familylore.co.uk.

  • Legal Aid: Worse than shovelling sh*t

    19 Nov 2009 | 11:55 pm
    The headline on Family Law Newswatch says it all: Legal aid lawyers paid less than sewage workers.

  • Mediation is unattractive

    18 Nov 2009 | 10:43 pm
    I take exception to the suggestion in this article by Jane Robey (left), chief executive of National Family Mediation, in the Guardian's Comment is free column today, that solicitors discourage mediation in order to boost their fees. I cannot speak for the entire profession, and I'm sure there are some solicitors who do this, but I most certainly did not, and nor did most of the other solicitors with whom I had dealings. I always encouraged clients to go to mediation (although I had reservations - I had often found that the results of mediation were less than satisfactory) and, after advising…

  • Perfectly reasonable...

    18 Nov 2009 | 10:17 pm
    I remember years ago when I was an articled clerk finishing my first file and taking it to my principal to ask how much I should charge the client. He weighed the file in one hand, grinned, and said "about £800". He was joking. Solicitor Trevor Hobden, however, was not joking when he told investigators that he calculated fees in precisely this way.It's not often that proceedings in the Solicitors' Disciplinary Tribunal make the national papers, but this case did. Apart from his novel way of calculating costs, Hobden took money from clients for his costs without billing them and billed for…
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    The Modern Woman's Divorce Guide

  • Divorce Care for Christians: What Does God Think of Divorced People?

    ModDiva
    1 Nov 2009 | 1:11 pm
    Does God consider you a second-class citizen now that you’re divorced? What if you now realize that you sinned by asking for a divorce for the wrong reasons? As mentioned before, God “forgets” our sin the moment we confess it to Him, and remembers it no more.  (Have you confessed it to him?  If not, what are you waiting for?) Once you’ve confessed, you’re off the hook.  Your past is past.  Read 1 John 1:8-10.  Do you see any exceptions in this verse?  Any sins that are not forgiven?  Clean as a whistle, you are! Now read Hebrews 8:12.  For how long after He has forgiven your…

  • Attention California Residents: Get Free Access to our Online, On-Demand Divorce Video Classes

    ModDiva
    13 Oct 2009 | 4:52 pm
    We are so excited about our new Divorce Video Classes and feel certain that you will be too once you see them! So, for a limited time, we are giving you free instant access to  our incredible line-by-line videos, detailed hand written instructions, and blank legal forms from our Divorce Class Lesson 1 – Step 1: Preparing a Petition for Dissolution of Marriage. When you follow the instructions in our video “Preparing a Petition for Dissolution of Marriage” you can quickly and easily complete the Petition for Dissolution of Marriage – the first form you need to start…

  • Attracting Real Love

    ModDiva
    2 Oct 2009 | 1:02 pm
    If you are ready to attract, create & live in authentic, loving, conscious relationship, you don’t want to miss this free call with Relationship & Dating Coach Daniela Koenig, MA, author of How to Pick up the Pieces of Your Heart After Divorce – 3 Steps to Self Love: The Foundation for Every Real Relationship. On Monday October 5, 2009 at 5 p.m. PST (6 pm MST, 7 pm CST, 8 pm EST) dial in to learn how you can: Shift from defensiveness to speaking authentically Bust 3 myths that keep you from telling the truth in relationships Overcome the fear of being authentic Enjoy new…

  • A Silver Lining in Divorce?

    ModDiva
    1 Oct 2009 | 12:21 pm
    If you are in the midst of divorce it may be hard to believe, but there is a bright side to divorce. Getting divorced opens a world of new possibilities that can lead to a life of brilliance – if, of course, you seize the opportunity. If you make peace with your losses, restore your soul’s wholeness, and embark on a new journey, anything is possible. Here are the top five things I know you can do in the wake of divorce. 1. Discover strength within you never knew existed 2. Understand and embrace the real you 3. Create the life you’ve always dreamed of or never dreamed possible…

  • Who Else is Going to the Career Re-Boot Camp?

    ModDiva
    14 Sep 2009 | 12:42 pm
    On October 26 – 27, 2009 Career Industry Experts Will Be Gathering at The Career Re-Boot Camp To Help Frustrated Job-Seekers. “Nearly three dozen career experts will meet to help frustrated job-seekers at the Career Re-Boot Camp, on October 26 – 27, 2009 in San Rafael, California. It’s the largest career event of its kind in the U.S. Richard Bolles, author of the 10-million copy bestselling career guide What Color Is Your Parachute? 2009: A Practical Manual for Job-Hunters and Career-Changers will be the Keynote Speaker at the 2-day event. Some of the main features of the…
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    blog.separation.ca

  • Djemba v. Ekwe: Hauge Convention – Grave Risk of Harm and Habitual Residency

    Andrew Feldstein
    20 Nov 2009 | 5:23 pm
    In this case, two children were returned to their father in Austria after their mother fled with them to Canada. The main issues in this case were whether the children were habitually resident in Austria and whether there was a grave risk of harm in returning the children to their father’s care. Justice Baltman decided that the children were habitually resident in Austria. Despite their living in Canada, England, and Cameroon for significant periods of time, the children were habitually resident in Austria because Austria is where the children attended school, where they saw their doctor,…

  • Zanewycz v. Manryk: Determining Costs Awards in Family Law Matters

    Andrew Feldstein
    20 Nov 2009 | 11:18 am
    In this case, the Court was faced with the issue of costs awards regarding a dismissed motion. The Wife won the motion and her lawyer had presented a Bill of Costs claiming substantial indemnity fees of $6,970.00. In the alternative, the Wife’s lawyer claimed partial indemnity fees of $4,637.00. The Bill of Costs basically means a statement outlining all the work done by the lawyer including all the expenses incurred on behalf of the client. The Husband’s lawyer argued that the costs should be $1,500.00 since the costs should be payable “in the cause” because of the “inability” of…

  • Porter v. Porter: Assessment and Access

    Andrew Feldstein
    18 Nov 2009 | 5:18 pm
    This Ontario Superior Court of Justice decision demonstrates that section 30 of the Children’s Law Reform Act (CLRA) can be used to order a psychiatric/psychological assessment of a party, in this case the father. The intention of ordering the assessment was to determine whether the father should be given unsupervised access to the children given his medical and criminal history. The wife has custody of the 2 children (2 and 4 years old) and the father is the access parent. On June 12, 2008 a temporary Order was made by Justice Wilson that allowed the father to have unsupervised access.

  • Proulx v. Proulx: Saying “I do” to Child Support

    Andrew Feldstein
    16 Nov 2009 | 3:43 pm
    The parties in this case had two children together and the wife had two children from a previous marriage. A major issue in this case was whether the husband stood in the place of a parent to the two older children, and, if so, how his child support payments should be calculated in light of this assumed parental role. The husband claimed that he did not stand in the place of a parent for these two children, and thus had no obligation to support them, because of the short length of the marriage (from 2002 to 2005) and because he was not permitted to discipline them or to participate…

  • Dawud v. Dawud – Non-Disclosure and Striking Pleadings

    Andrew Feldstein
    14 Nov 2009 | 3:35 pm
    In this case, the mother brought a Motion in which she sought, among other things, the striking of the father’s pleadings because of his failure to comply with court orders. The father failed to comply with a November 14, 2008 order requiring him to provide financial disclosure. Not only did the father fail to comply with this order, he also failed to provide the disclosure required by the Child Support Guidelines. The little disclosure that he did provide was described by the judge as “minimal, unexplained, lacking in necessary detail, incomprehensible and ultimately did not constitute…
 
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    Sanns Mediation World of ADR

  • Gamesmanship In A Lawsuit And Discovery Can Cost You

    Marvin Schuldiner
    31 Oct 2009 | 7:56 am
    Much of what happens in a lawsuit is gamesmanship, especially during the discovery phase.  Discovery comprises much of the pre-trial phase of litigation where each party seeks to understand what the other side(s) know, what documents they have pertaining to the litigation, what they will say under oath, etc.  Discovery can be expensive.  A Rand Corporation study found that 80% of litigation costs are incurred in the discovery phase.  Since less than 2% of cases filed actually go to trial, discovery ends up being THE cost of litigation for the vast majority of cases. As a result,…

  • Check the Court’s Child Support Calculations

    Marvin Schuldiner
    25 Sep 2009 | 12:12 am
    It was reported last week that there may be a error generated by the software family court uses to calculate child support payments.  As a default (i.e. if there is no other agreement in place), NJ uses a formula known as the child support guidelines.  The court uses software to to the calculations on each case where it is required.  It seems that one litigant found an error in the software’s calculations.  The court is investigating the source of the problem. So, if the court performed the calculations for you, you may want to manually verify the math. Here is another reason to…

  • Trial Lawyers Task Force Recommends ADR and Mediation

    Marvin Schuldiner
    12 Sep 2009 | 7:26 am
    In a previous posting, I discussed the American College of Trial Lawyers task force interim report on trials in America.  The final report is out and here are the highlights as it pertains to mediation and getting your lawsuit settled: “Courts are encouraged to raise the possibility of mediation or other form of alternative dispute resolution early in appropriate cases. Courts should have the power to order it in appropriate cases at the appropriate time, unless all parties agree otherwise. Mediation of issues (as opposed to the entire case) may also be appropriate.” The task…

  • The changing face of law…the elimination of the billable hour

    Marvin Schuldiner
    9 Sep 2009 | 11:04 pm
    I have written previously about the challenges that the law industry faces.  The Wall Street Journal recently reported on pharmaceutical giant Pfizer’s switch to flat fee invoicing for outside counsel.  This turns on its head the basis of the long term billing model of the legal industry, the billable hour. In this video, Pfizer’s chief counsel Amy Shulman explains Pfizer’s program: Companies looking to save on legal expenses should also use mediation.  Mediation is cost effective and seeks win-win outcomes.  For more information on how mediation can help you, please…

  • When Others Make the Decisions in a Divorce

    Marvin Schuldiner
    11 Aug 2009 | 10:58 pm
    Sprint/Nextel has a humorous new commercial (embedded below) which posits what the world would be like if loggers ran things.  The context of the commercial is loggers making decisions (and carrying them out) in a divorce.  While the commercial is “cute”, the analogues to real life are there. Do you want others to make important decisions for you, or would you rather make them yourself? A mediator can help the parties communicate and assist them in making their own decisions…unless of course, you want your house/boat sawed in half. Related posts:Mediation is helpful for…
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    California Family Law Blog

  • San Jose Bankruptcy Attorney comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer.

    13 Nov 2009 | 10:55 am
    San Jose Bankruptcy Attorney  comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer. America was horrified last week when Jason Rodriguez, a former engineer, returned to his former employer and began shooting, killing one and wounding five others.  Rodriguez’s life had been in a downward spiral for some time.  His wife had filed for divorce, he was behind on child support, and he had lost his home to foreclosure and had filed for bankruptcy protection.  These factors, along with an alleged mental illness, drove…

  • San Jose Bankruptcy Attorney comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy.

    11 Nov 2009 | 10:43 am
    San Jose Bankruptcy Attorney  comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy. According to media reports, former NFL star Bernie Kosar’s life after football has spiraled downward into a series of failed business ventures, divorce and bankruptcy.  The former University of Miami and Cleveland Browns star quarterback’s wife filed for divorce in 2007 alleging that Kosar was acting irrationally and giving away their money.   Kosar filed for Chapter 11 bankruptcy protection in June.  Chapter 11 is typically used for business reorganization…

  • San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.

    9 Nov 2009 | 9:00 am
    San Jose Family Law Attorney  explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce. If you are going through a divorce, you should know that judges can take a wide range of factors into consideration when establishing domestic support obligations, such as child support and spousal support or alimony.  Whether you are the custodial parent or non-custodial parent, here are some thoughts to keep in mind. Income plays a large role in determining support.  If there is a significant income disparity between the parents,…

  • San Jose Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

    6 Nov 2009 | 10:25 am
    San Jose Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection. If you are going through a divorce, you may be better served by seeking more spousal support and child support, and less physical property, in the property settlement if you suspect your spouse may be considering filing for bankruptcy.  The advantage to you is that domestic support obligations are no longer dischargeable in bankruptcy.  So even if your spouse files for bankruptcy, the spousal support and child support obligations do…

  • San Jose Family Law Attorney comments on the bankruptcy and divorce saga of the Advantage Rent-A-Car owner.

    4 Nov 2009 | 11:26 am
    San Jose Family Law Attorney comments on the bankruptcy and divorce saga of the Advantage Rent-A-Car owner. When Denny Hecker’s auto empire of 26 automotive dealerships, the Advantage Rent-A-Car chain and other businesses filed for Chapter 7 bankruptcy protection, he never envisioned that it would become a personal issue embroiled in a bitter divorce with his wife Tamitha.  But the bankruptcy liquidation of his assets is now tied up in family law court as well as Ms. Hecker. As the bankruptcy trustee prepares for a public auction of Mr. Hecker’s assets including Rolex watches, a Cartier…
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    California Divorce Blawg

  • More Fathers Are Getting Custody in Divorce

    John E. Harding, JD, CFLS
    19 Nov 2009 | 10:39 am
    Is there a new trend regarding fathers and child custody?  An interesting article from the online edition of the New York Times suggests that there is.Working Mother Magazine published a package of articles on Tuesday called “Lost Custody,” about the new reality of divorce and child custody for working mothers. It is filled with tales of women who were the primary earners in a marriage, and who watched their husbands gain primary physical custody of their children when the marriage ended. There are now 2.2 million divorced women in the United States who do not have primary physical…

  • Assets Accrued During Later Marriage Are Available To Pay Child Support In Earlier Marriage

    John E. Harding, JD, CFLS
    18 Nov 2009 | 9:14 am
    Until 1994, if a parent paying child support remarried,  the court had the discretion to consider the income of a new spouse in connection with a motion to modify support.  In 1994 this rule was changed so that the income of a new spouse generally was to be ignored.  But what happens when that support paying parent remarries, and he or she and his/her new spouse accrue substantial assets together that create additional income for the support paying parent?In Anastasi v. Knowles a California Court of Appeals has now considered how to deal with income from community property assets owned…

  • Text Messages Can Spell Divorce

    John E. Harding, JD, CFLS
    12 Nov 2009 | 8:33 am
    Text messaging has exploded as a communications tool.  I would venture a guess that it is catching up on e-mail?  Today Law.com featured an article by National Law Journal reporter Tresa Baldes detailing how text messages are coming into play in divorce cases:Divorce lawyers have found a new smoking gun to wave around in court: text messages.Infidelity, bad parenting or threats -- you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over hand-held gadgets.The unfaithful, in particular, are paying a high price for their…

  • The New Take On Spousal Support

    John E. Harding, JD, CFLS
    6 Nov 2009 | 10:04 am
    For years I have been telling my clients that the goals and purposes behind spousal support (commonly referred to as "alimony") are changing.  It seems that change is gaining momentum.  The on-line edition of the Wall Street Journal offers an insightful piece on the spousal support policy shift occurring across the country.Paul and Theresa Taylor were married for 17 years. He was an engineer for Boston's public-works department, while she worked in accounting at a publishing company. They had three children, a weekend cottage on the bay and a house in the suburbs, on a leafy…

  • Are the LA Dodgers Community Property?

    John E. Harding, JD, CFLS
    29 Oct 2009 | 4:05 pm
    Dodgers owner Frank McCourt and his wife Jamie have split.  The fireworks have begun in their California (Los Angeles County) divorce.  In addition to requesting $448,000 per month in spousal support, Ms. McCourt is also asserting that she is a co-owner of the storied baseball franchise. Click here for more.Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
 
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    Maryland Family Law

  • No legal marriages?

    Heather Sunderman
    19 Nov 2009 | 9:49 am
    Yesterday, McClatchy.com reported on Texas's new constitutional amendment regarding marriage.  The purpose of the amendment was to preclude any domestic partnerships or gay marriage, however the second part of the amendment is written a bit broadly, provoking controversy over whether the amendment may actually ban ALL marriages.  I would argue that is an unlikely result should anyone bring a legal challenge.  It is a maxim in legal interpretation that if a statute is ambiguous, one would then look to the legislative history.  It is common for findings and goals be…

  • The power of text messages

    Heather Sunderman
    15 Nov 2009 | 5:01 pm
    The National Law Journal published an article last week about the impact of text messages on family law cases.  Such messages can provide evidence of an extramarital affair, or produce other damaging statements in divorce/custody/domestic violence cases.  I have also found it is common for separated parents to communicate with each other about their children via text messages.  The article provides a few specific examples of cases where text messages were central and valuable pieces of evidence.Once you have received a potentially "useful" text message, now what do…

  • Free Lawyers for Everyone!

    Heather Sunderman
    28 Oct 2009 | 7:38 am
    The Wall Street Journal law blog reported on a new law in California which provides a right to counsel in civil cases such as child custody cases.  My first thought of course was, how in the world would California of all places afford this given their woeful finances?  Next, I wondered which state would follow next.  Everyone well knows that an indigent (low-income) person who is arrested is entitled to a public defender representation.  Typically in civil cases, however, people of limited means are often without the funds to hire an attorney and there is a huge…

  • Divorce for Profit?

    Heather Sunderman
    27 Oct 2009 | 7:36 pm
    Yesterday, Law.com reported on a federal district court case in Texas where the judge dismissed a claim by Continental Airlines that several of its pilots had engaged in "sham" divorces to allow them to access their pension plans early.  This decision was based on ERISA, the federal law which govern employee benefits.  The judge held that the pension plan must honor the domestic relations orders (DRO) and had no authority to determine the validity of the divorce.  While many would questions the ethics of anyone divorcing for financial gain, the article also…

  • Pro Bono Week

    Heather Sunderman
    25 Oct 2009 | 6:00 am
    This week has been designated by the American Bar Association as Pro Bono Week, to encourage and recognize pro bono work in the community.  Maryland attorneys are required to annually report to the Court of Appeals the number of pro bono hours undertaken.  Like many other attorneys in Maryland, I donate my time to several excellent organizations, providing legal services to low income families.  For more information on pro bono representation or volunteering for pro bono programs, check out the Women's Law Center of Maryland, the Family Law Self-Help program or the…
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    New York Personal Injury Lawyer Blog

  • Brooklyn Firefighter pinned under his truck and suffers an injury. If this were to happen to you, you would need a New York Injury Lawyer

    17 Nov 2009 | 11:00 am
    Robert Puppa, a 33 year old Brooklyn firefighter was responding to a call when the fire truck he was in was involved in an accident. The accident occurred on Ashford Street in East New York. Another fire truck crashed into his and caused his truck to flip over, pinning him beneath it. He was stuck for two hours before workers were able to cut through the truck to rescue him. Puppa and 11 other fireman sustained injury during the crash. They were taken to Brookdale University Hospital; located at 1 Brookdale Plaza, Brooklyn NY 11212. Puppa suffered serious injury to his legs. If you or a…

  • Brooklyn building’s collapse leaves victim’s needing a New York Personal Injury Lawyer

    16 Nov 2009 | 9:36 am
    A Myrtle Ave., Brooklyn NY, apartment building collapsed leaving four people injured. The building had been cited by the city for having a crack that ran from the third to the first floor. Though the crack was reported on May 1, 2009, the owner claims it has been there for at least ten years. The building had been undergoing repairs for more than a week and a half. The building shook violently before it collapsed, which alerted the people inside. When the building fell it took down part of the building connected to it and trapped a 10 year old under the rubble. The girl, along with 4 other…

  • Another PATH train accident leaves numerous passengers with injury. It appears the injured parties will need an aggressive New York Injury Lawyer

    14 Nov 2009 | 9:29 am
    Recently, a morning PATH train got into an accident while passengers were still aboard. PATH; which stands for Port Authority Trans Hudson; run from New Jersey to New York. The train that caused the accident was coming out of Hoboken, NJ and heading towards the World Trade Center Memorial. The train had approximately 450 passengers on it when it collided with a “bumper block” (a mechanism used to stop the train) at the 33rd Street Station in New York City. Fourteen people including the conductor sustained injury. They were taken to various hospitals in Manhattan, NY. The PATH employees…

  • Bronx apartment building collapses on a tenant and leaves him in need of a New York Injury Lawyer

    10 Nov 2009 | 9:15 am
    A Bronx fire department responded to a call of a collapsed stair case in an apartment building on East 187th Street in Bronx NY. When they arrived on the scene, they found the stairwell between the third and fourth floor had caved in. Unfortunately, it came down on top of a man. Police have not released the man’s name as of yet. They did disclose he suffered injury, but would not comment on the type of injury. He was taken to the hospital for medical evaluation. The building’s structure is being tested. If you or a loved one has suffered an injury due to someone else’s carelessness, you…

  • A Toys ‘R’ Us roof comes crashing down on shoppers in Maryland. If this were to happen in New York, you would need a New York Personal Injury Lawyer.

    7 Nov 2009 | 1:41 pm
    Maryland had been hit by a blizzard, then a severe rain storm a week later. The roof of the building was flat and already heavy from all of the snow. The added weight of all the rain caused the roof to collapse. Unfortunately, the store was open had employees and shoppers inside during the collapse. Eight people inside of the building sustained injury. Police reported that while the injury varied from person to person, none were severe. Three people were taken to the hospital to have their injury examined. Police were able to locate all of employees and shoppers after the collapse. If this…
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    New Hampshire Family Law Blog

  • Uniform Child Custody Jurisdiction Enforcement Act comes to NH in December 2010

    6 Nov 2009 | 8:16 pm
    New Hampshire has recently taken steps to protect parents and children from cross border kidnapping by adopting the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA, drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1997, becomes effective in New Hampshire on December 1, 2010. Vermont and Massachusetts remain the only states that have not adopted the UCCJEA. Prior to NH’s adoption of the UCCJEA, we were operating under the umbrella of its predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA) which had been…

  • New marital master assignments coming soon

    5 Nov 2009 | 5:45 am
    Effective upon the opening of the new Manchester Family Division on November 12, 2009, the Administrative Office of the Courts has announced the following changes to the Family Division marital master assignments: Marital Master Bruce Dalpra                Dover Family Division Brentwood Family Division (2-3 days per month)   Marital Master Robert Foley Rochester Family Division   Marital Master Nancy Geiger Manchester Family Division   Marital Master Leonard…

  • Maine repeals same-sex marriage law:

    4 Nov 2009 | 7:23 pm
    Yesterday Maine voters repealed the state’s same-sex marriage law, six months after the law was passed by the legislature. In doing so, Maine became the thirty first state to oppose same-sex unions in a popular vote. Five states, Iowa, Connecticut, New Hampshire, Massachusetts and Vermont are performing same-sex marriages, with the District of Columbia and New York recognizing the marriages but not performing them. New Jersey and California allow for civil unions. Question 1, brought forward pursuant to the “people’s veto” process in Maine’s constitution, asked…

  • Vaccinating your children for the H1N1 flu? It is a joint decision to be made with your co-parent.

    29 Oct 2009 | 4:00 am
    There is a lot of talk about the H1N1 flu and the vaccines, and rightly so. 46 states are reporting widespread flu activity, and some New Hampshire schools are reporting absence rates of up to 30% . New Hampshire has activated the 2-1-1 state info line to answer questions about the flu and the vaccine. New Hampshire’s Department of Health and Human Services has also published a FAQ about the seasonal flu and H1N1 flu. Many parents have concerns about the H1N1 vaccine and its safety and efficacy. If you and your co-parent have joint decision making responsibilities, this is an issue that…

  • Rights of the non-accused, non-custodial parent in abuse and neglect cases

    28 Oct 2009 | 7:37 pm
    If you are the non-accused, non-custodial parent of a child who is the subject of an abuse or neglect filing by the Division of Children, Youth and Families, the outcome of the case could have a substantial affect on your parental rights. Although non-accused, if a finding of true is entered, the parents of the child have an obligation to correct the conditions that led to the finding of neglect. If the conditions have not been corrected within twelve months of the finding, your parental rights could be terminated, even if you are the non-accused parent. Accordingly, it is very important to…
 
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    Blog entries

  • Ask A Divorce Lawyer: How Do I Make The Most Of Her Amicable Divorce Attitude?

    21 Nov 2009 | 8:00 pm
    Question: My wife has just told me that she wants to rent a town house for her and our 4 children to live in. She says that she has been on a waiting list for 2 years. She has told me that she will not be filing for a legal separation, nor will she be contacting the friend of the courts to pursue child support. Further more she also says she wants me to live in our house so the kids can alRead More...

  • Ask A Divorce Lawyer: Dealing With Conflict of Interest With Divorce Attorney

    20 Nov 2009 | 8:00 pm
    Question: I recently hired an attorney. I have found out that he is good friends with my ex-wife's attorney. I would have thought that this wouldn't matter to a professional, but he did nothing to further my case. After terminating his services, he made several excuses about returning my original documents. He is in possession of all original documents pertaining to my case prior to hiringRead More...

  • DadsDivorce In The Studio: 11-20-09

    20 Nov 2009 | 6:33 am
    DadsDivorce.com editor, Rick Ortiz, tells you about what's new on DadsDivorce.

  • National organizations want to hear from you

    20 Nov 2009 | 6:32 am
    A new national survey, said to be the first of its kind, will examine the emotional, financial, legal, and social impact of paternity fraud on men.Carnell Smith, director of U.S. Citizens Against Paternity Fraud, and Sharon Squires, assistant professor of sociology at California State University-Dominguez Hills, are heading the survey’s efforts."We know very little formally about how men react to learning that they are not the biologicaRead More...

  • DadsDivorce LIVE Family Law Professionals Series Pt 1, Mediators and Mediation

    20 Nov 2009 | 5:12 am
    DadsDivorce Live host, Dan Cuneo, discusses the role of Mediators with Cordell & Cordell, P.C. attorney, Kristin Zurek, J.D..  In this first episode of our "Family Law Professionals" series, we explore the role of the mediator in the Family Law system.It is important to understand the role of the Mediator in your case in order to move most smoothly through the family law system. Our attorneys discuss the cost of mediation and even how to deal with coRead More...
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    Alabama Divorce & Family Law Attorney Blog

  • Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 2

    20 Nov 2009 | 8:19 am
    When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and other marital and post-marital agreements remains one of sympathetic, yet aggressive advocacy. My…

  • Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 1

    13 Nov 2009 | 8:51 am
    Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and informed counsel in a time of emotional upheaval. Having an experienced attorney by one’s side is…

  • Alabama Divorce News: Lindsay Lohan's Father Faces Jail Time over Child Support Non-payment

    6 Nov 2009 | 8:31 am
    As a Birmingham, AL, divorce lawyer and family law attorney I have represented numerous clients facing jail time, fines and court costs over non-payment of child support and other court-ordered obligations. A recent news article shows that anyone can be hit with sentence of jail time due to not paying support to a spouse for either child support or alimony. While this is a serious issue here in Alabama and elsewhere, in many cases there may be extenuating circumstances surrounding the non-payment, which is why folks need a qualified divorce attorney by their side. If we are to believe the…

  • Birmingham Divorce Update: Discussing Money Matters can make a Marriage More Secure

    30 Oct 2009 | 9:04 am
    The causes for divorce are many, but one of the primary reasons couples in Alabama get divorced is due to issues surrounding money. Whether it’s poor financial planning, excessive spending by one or both spouses or simply constant disagreement over household financial priorities, money can be the bane of a marital relationship. A surprisingly large percentage of people who become legally separated, as well as those who actually go through divorce, will tell you that money was the culprit. As a Birmingham family law and divorce attorney, I’ll add that it’s not just money, but…

  • Getting Married in Alabama? Consider a Prenuptial Agreement for Protection in Case of Divorce

    23 Oct 2009 | 4:05 pm
    These days everyone is concerned about their future. Individuals facing marriage are no different and that is why many people considering marriage look at a prenuptial agreement as a way of preserving their property in case the marriage somehow does not work out. While a “prenup” should not be looked at as foreshadowing a future breakdown (and possible divorce) in a marital relationship, it is many times a necessary “evil” in these uncertain times. As a Birmingham divorce and family law attorney, I’ve helped many clients craft their prenuptial…
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    Domestic Diversions

  • The kids are alright: How children of same-sex couples are doing

    David C. Sarnacki
    8 Nov 2009 | 8:34 am
    The New York Times shows how children of same-sex couples are doing just fine, highlighting research by Abbie E. Goldberg, an assistant professor in the department of psychology at Clark University and author of “Lesbian and Gay Parents and Their Children.” Lisa Belkin writes (excerpt): More enlightening than the similarities, however, are the differences, the most striking [...]

  • Appreciating strengths: Accepting different ways of parenting

    David C. Sarnacki
    4 Nov 2009 | 3:20 am
    The New York Timesdiscusses a study about involving fathers, as well as the benefits of co-parenting or parallel parenting. Laurie Tarkan writes (excerpt): . . . [T]he critical difference was not greater involvement by the fathers in child-rearing but greater emotional support between couples. “The study emphasizes the importance of couples’ figuring parenting out together and accepting [...]

  • A bit foreign, scary even: Collaborative divorce

    David C. Sarnacki
    3 Nov 2009 | 5:52 am
    Single Parent Gossip shares the method for using collaborative law to resolve your divorce out of court. Talibah Mbonisi writes (excerpt): . . . In this cooperative framework, both parties also agree to: - Act in their children’s best interests to minimize any negative impact that the situation could have on them. - Be respectful to one another, stay [...]

  • What’s my chances of getting a divorce? Statistical factors associated with divorce

    David C. Sarnacki
    30 Oct 2009 | 6:06 am
    The New York Times focuses on a different topic (Money Talks to Have Before Marriage), but includes an interesting discussion of statistical analysis and the risk of divorce. Ron Lieber writes (excerpt): The risk that any marriage will end in divorce is about 45 percent, according to David Popenoe, a professor of sociology emeritus at Rutgers University. [...]

  • The inventor of the Collaborative Divorce Process

    David C. Sarnacki
    23 Oct 2009 | 4:58 am
    Stu Webb is being honored for finding a better way to divorce at the 10th International Academy of Collaborative Professionals Educational Forum.
 
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    Florida Divorce & Family Law Blog

  • Alimony....Till Death Do Us Part?

    10 Nov 2009 | 8:30 am
    In a long term marriage, when permanent periodic alimony is a given, we often speculate when someone can retire and possibly eliminate or severely reduce a monthly alimony amount. Often times, if someone retires at a normal retirement age, alimony can be eliminated or reduced at retirement. However, a judge in Massachusetts has ruled that a person may have to continue working or seek part-time

  • Feline and Canine Victims in Divorce

    22 Sep 2009 | 3:38 pm
    There are always victims of collateral damage in a divorce, and sometimes the victims are the family pets. I have seen couples fight over who is going to get the animals in a divorce and in other circumstances, people decide to give their animals up because there is either too much going on and neither party can take care of them, or it is decided that it is too expensive to continue to care for

  • Divorce and Depression

    20 Sep 2009 | 6:10 pm
    I read an article online about a man in California who murdered his two children and then took his own life. He was going through a divorce and had recently lost his job. From the articles that I read, no one said whether there were signs that this gentleman was depressed, acting unusual or had a violent history. I see many people come through my office who are depressed, angry, lonely, or

  • Does A Leopard Change Its Spots?

    28 Aug 2009 | 12:55 pm
    Every now and then, I come across an article that falls under the title "the truth is stranger than fiction". In Tysons' Corner, Virginia a man has chosen to wear a sandwich board stating that he's a cheater in hopes of winning his wife back after infidelity. Whether or not this is some sort of strange publicity ploy is still up for debate, but its an interesting tactic in winning your spouse

  • Divorce and Naked Pictures

    24 Aug 2009 | 12:42 pm
    Its no secret that many people do things in their marriages that they don't wish to become part of the public record when they divorce. This can be anything from tax fraud to extramarital affairs. Sometimes things as personal as naked pictures of private videos rear their heads in the midst of divorce to be used as leverage of blackmail. What do you do if your husband or wife threatens to post
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    Chicago Family Law Blog

  • Establishing Rights and Obligations of Unmarried Couples

    5 Nov 2009 | 9:21 am
      The number of couples living together without choosing to get married has more than tripled in the past two decades. Unless the cohabiting couple lives in a state which recognizes common law marriages, living together does not automatically provide them with the legal rights and protections of a traditional marriage. Accordingly, upon separation or death of one cohabiting partner, the law may treat the couple as complete strangers. To prevent such a result, unmarried couples can opt to legally define their relationship by entering into a cohabitation agreement, which will direct a…

  • About The Firm

    5 Nov 2009 | 8:54 am
     Since 1974 Alan Pearlman, Ltd. has been helping the people of Chicagoland and Lake County with their family law problems. From that time to the present Mr. Pearlman has focused on Family Law matters. The firm is made up of Mr. Pearlman, who will personally handle your matter, as well as an office manager. The firm is located on the south end of Lake County in Northbrook, Illinois, and is adjacent to the Edens Expressway, with easy access to the offices at 707 Skokie Boulevard. Mr. Pearlman has been concentrating on Family Law matters for over 35 years, and the firm can meet…

  • Agency Adoption vs. Independent Adoption

    15 Sep 2009 | 11:23 am
    Adoption is the process by which an adult becomes the legal parent of an individual who is not their biological child. A finalized adoption severs all legal ties between the child and the natural parents, thereby terminating all parental rights. However, adoption also creates new obligations on the part of the adoptive parents. The new parent-child relationship establishes legal responsibility for child support, rights to an inheritance and/or custody. Typically, adoption laws vary by state and there are several different types or forms of adoption including agency and independent adoption.

  • Acquiring U.S. Citizenship at Birth When only One Unmarried Parent is a Citizen

    9 Sep 2009 | 4:14 pm
    Children born out of wedlock outside the United States to one citizen parent and one noncitizen parent face different requirements for acquiring U.S. citizenship, depending on the gender of the citizen parent. The Immigration and Nationality Act (INA) provides that the child must meet additional requirements to obtain U.S. citizenship when their father (but not their mother), is a citizen. The differential treatment depending on the gender of the unmarried parent citizen in determining the child's citizenship was held to be constitutional by the U.S. Supreme Court in 2001. Child Citizenship…

  • Divorced Parents' Rights in the Religious Upbringing of Their Children

    23 Aug 2008 | 11:17 am
    Parents have a constitutionally protected fundamental right in the care, custody and control of their children. This constitutional guarantee includes the parents' right and freedom to expose their children to their own particular religious beliefs. However, when interfaith spouses divorce, disagreements over the religious upbringing of their children can ensue. In such circumstances, state family courts may be called upon to balance the competing interest of the parents and the children in an effort to resolve the dispute.   Types of Post-Divorce Disputes Regarding Religious Upbringing…
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    Gay Couples Law Blog

  • How Lesbian Couples Can Prevent Sperm Donor from Asserting Legal Rights to Children

    18 Nov 2009 | 8:35 am
    Lesbian couples wishing to raise children can either (1) adopt a child or (2) have one of the couple give birth with donated sperm. But there's risks with the second option. Depending on the state law in which the sperm donation occurs, the sperm donor may have legal rights to the child. Julie Shapiro, a professor at Seattle University Law School, says there's two ways to prevent this: In some states statutes provide that a donor is not a parent. (Washington happens to be one such state.) In such a state, the women can use a known donor, secure in the knowledge that he will not be a legal…

  • How D.C. Domestic Partnership Law Will Affect Employers

    17 Nov 2009 | 8:25 am
    A new Washington D.C. "everything but marriage" law will give registered domestic partners all the rights that married couples have starting December 3rd. As lot of the press and blogs on the new law have focused on how the law affects gay couples, I found interesting a guide that Stoel Rives, a law firm focusing on corporate law and business litigation, posted on how the domestic partnership law affects employers: What Domestic Partnerships are Covered by The Law? Two types of couples can register with the State under the new domestic partnership law: same sex couples and opposite…

  • Washington Domestic Partnership Law May Influence Rhode Island and Other States

    16 Nov 2009 | 7:30 am
    Earlier this month Washington voters passed an expansion of dometic partnership rights for gay couples living in the state. While this is good for those living in Washington, couples in other states might benefit as well. In particular, the law might encourage politicians in other states to enact a similar expansion of rights. Take Rhode Island, whose conservative governor Don Carcieri has long stood against gay marriage and state recognized domestic partnerships. Yet last last week, as Katherine Gregg of the Providence Journal reports, he said he might support a law modeled after the one in…

  • Health Care Bill Would Make Domestic Partner Benefits Tax Free

    11 Nov 2009 | 11:15 am
    The new health care bill passed by the U.S. House on Saturday would do more than help reduce the amount of people without health insurance. It also would reduce the taxes usually owed by gay couples. Currently, employees must pay taxes on the health benefits given to their domestic partners or same sex spouses. That's because DOMA doesn't let the IRS recognize same sex relationships. The new health care bill would stop that. Instead, benefits given to to domestic partners would receive the same tax treatment as benefits given to opposite sex spouses. Robert Pear reported in the New York Times…

  • Getting Divorced After Marrying in Canada Isn't Easy for Gay Couples

    9 Nov 2009 | 11:03 am
    Folks who live in Maine might be thinking about getting married in Canada after their state voted down a law that would have allowed gay marriage. In fact, many U.S. gay residents go to Canada to take advantage of laws that have allowed gay marriage since 2005. But they better hope they stay together. It's hard for same sex couples to get divorced after getting married in Canada. While couples can easily go to Canada for a weekend and get married, the country has more strict requirements when its comes to divorce. The Canadian Divorce Act says that for a couple to get divorced in Canada, one…
 
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    NJ Family Issues

  • Are You the Father of Your Children?

    PaulKostro
    21 Nov 2009 | 11:13 am
    Are You the Father of Your Children? DNA testing provides answers — BUT, are you ready to deal with those answers? Read: Who Knew I Was Not the Father? by Ruth Padawer, published in The New York Times. See some of my related Blog Posts. Note: There is a print link embedded within this post, please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson,…

  • Divorce is around the corner — how do you protect your financial interests while your marriage dissolves

    PaulKostro
    20 Nov 2009 | 1:55 pm
    Divorce is around the corner — how do you protect your financial interests while your marriage dissolves — read: Financial Decisions to Make as You Divorce, by RON LIEBER, published in The New York Times. Note: There is a print link embedded within this post, please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties…

  • Yous, Mine & Ours

    PaulKostro
    20 Nov 2009 | 1:24 pm
    Yous, Mine & Ours When you are considering marriage, there are so many things to think about and discuss: assets, liabilities, earnings, in-kind contributions, child-rearing, chauffeur and other family services, home-maker; who is responsible for what; who owns what; who contributes what? For one person’s experience, read: When Bankers Get Too Personal, by Nicole Collins, published in The New York Times. Premarital mediation and a Pre-Nuptial Agreement may be helpful to some — if you agree, and you want to discuss this further, please call me for an appointment. Note: There…

  • WHAT IS CHILD WELFARE MEDIATION?

    PaulKostro
    19 Nov 2009 | 8:43 am
    WHAT IS CHILD WELFARE MEDIATION? Mediation in child welfare cases is a way for parties to make decisions and resolve issues themselves. A neutral, trained person, called a mediator, meets with the parents, caseworker, attorneys, and other interested persons outside of the courtroom setting to discuss issues concerning a child in the care of the Division of Youth and Family Services (DYFS). The mediator can help the parties to reach their own agreement. For more information, see Directive # 11-09 and the CHILD WELFARE MEDIATION PROGRAM PROCEDURES MANUAL Note: There is a print link embedded…

  • Google offers legal research

    PaulKostro
    18 Nov 2009 | 3:04 pm
    Google offers legal research: Google is enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by searching for cases, or by topics, or other queries that you may be interested in. Rutgers – Camden Law Library also has my resources available on its New Jersey Courts Search Page. Very recent N.J. Supreme and Appellate Court (and some Trial Court) opinions are available on the the NJCourtOnLine.com web page. Note: There is a print link embedded within this…
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    Family Law Practice

  • Paternity

    Steven
    27 Oct 2009 | 11:09 am
    I am a father. There is no denying it. There is no getting away from it. It defines who I am. I am a Daddy! In fact, I have been a daddy longer than I have been anything else. OK, yes, I have been alive longer than I have been a daddy…I just don’t remember a “before” time! And, YES, I have not even been married longer than I have been a daddy. (Incidentally, I have three gorgeous daughters, grown and, thankfully (forgive me girls:), out of the house. I share my bona fides with you because of a client who called me two weeks ago. He too is a daddy. His life has taken a different course…

  • Can I Move My Children Out-of-State?

    Steven
    1 Oct 2009 | 12:52 pm
    I was watching one of the new seasons television shows the other night. “Lie to Me” is one of those fast paced, science based, programs that I find irresistible. I also have a hard time leaving my work at the office. Why? Seems that the protagonist on the program is divorced. He and his ex have one child that appears to be a teenager. The mother wants to start a new business – a law practice! – out-of-state. She simply tells her ex, the father of the child, that she is taking their daughter with her. Can she? Before I answer this question let me make just one change in the scenario…

  • Stepparent Rights

    Steven
    25 Aug 2009 | 12:32 pm
    Until Massachusetts passed a new law this year, even though stepparents may provide emotional and financial support to their stepchildren, they had no legal rights with regard to them.  They were not able to authorize medical, dental, or surgical treatment, sign permission slips for school activities, or make any other decisions that would enhance the child’s educational experience. It seemed that the best a stepparent could hope for was to take the child to after school activites, cook dinner and clean house. Not any more! A new caregiver authorization process was signed into law in…

  • Annulled Marriages – What’s that?!

    Steven
    3 Aug 2009 | 11:26 am
    Annulment. This is not a topic that typically comes up in polite conversation. What is it and when/why is it important? My friends’ son is married to a sweet young lady. They appeared to have a great relationship. My wife mentioned that his wife did not want kids. I was shocked. He wanted kids – lots of kids. They are candidates for annulling the marriage as opposed to divorce. Annulling a marriage essentially means that the marriage never took place – it is a nullity. Divorce says the marriage failed and – this is the distinction with annulment – in a divorce…

  • Best Interests of the Child

    Steven
    20 Jul 2009 | 1:56 pm
    What if parents cannot agree on who has physical custody of the children? The standard the court uses to analyze this difficult question is known as the “best interest of the child”. This is an area that the court would prefer the parents to work out, among themselves a reasonable custody plan. However if the must get involved there are five (5) Relevant Factors, including: 1. the wishes of the child’s parents as to custody 2. the wishes of the child 3. the interaction and relationship of child with parents, siblings or other significant people 4. child’s adjustment to school,…
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    Pennsylvania Family Law

  • COUNSEL FEES

    4 Nov 2009 | 11:37 am
    We are involved in a relatively simple case.  Wife is a homemaker only recently returned to work.  Husband is a mortgage broker.  Like many couples they became a bit over committed in the real estate market of the last few years. They wanted to participate in the real estate gains of the last few years and some of their investments had not panned out.  This is a classic work out settlement of the type we see with increasing frequency.  The smart move is to realize the problem and negotiate a settlement that preserves assets. We have been litigating this case for…

  • CUSTODY EVALUATIONS

    21 Oct 2009 | 2:33 pm
    Whenever there is a deep-seated dispute concerning which parent, if either, should have primary physical custody of a child, a question commonly asked is whether the Court should have the benefit of a formal custody evaluation.  These studies, most often undertaken by psychologists, attempt to evaluate the relative parenting skills of the parents and seek to measure those skills against the perceived needs of the subject child.  The rules of civil procedure authorize courts to order such studies either by agreement or the request of one party. Technically, because these studies…

  • NOT SO FAST

    1 Oct 2009 | 10:45 am
    The Wall Street Journal edition for August 22, 2009 features a fine article by John Freeman which the author describes as a “manifesto for slow communication.”  What made it all the more real was the experience of the past two days.  The most memorable moments of that period were: (1) a colleague telling me that a client’s effort to start a new business was gravely set back by an errant “reply to all email” and (2) the experience of watching a family of six sit down to a Saturday night dinner in a local restaurant whereupon half the family immediately…

  • SOME PRACTICAL ADVICE ABOUT MONEY

    22 Sep 2009 | 2:54 pm
    There are two reasons family law will always be a busy area of practice.  The reasons are that there are two subjects we do not teach in school: conflict resolution and money management.  If people could manage their money or the conflict in their lives, the divorce business would be in for a major downturn. Practical financial advice is hard to come by.  And we say this with some authority because we have been looking for professionals who understand household finance.  Yes, there are thousands of publications out there that will tell you how to ladder certificates of…

  • REAL ESTATE AS AN INVESTMENT

    21 Sep 2009 | 11:20 am
    Lawyers are not financial advisers but we do lots of real estate transactions and for most divorce clients, the largest asset in the portfolio is the family home.  So in just about every matrimonial case, there is the inevitable question.  Should we hold or is it time to fold? It’s always good to study the data.  And the news for our region for the second quarter of 2009 is relatively good.  Prudential Fox and Roach reported the first region wide increase in housing prices in two years.  The biggest increase was in the city (6.8%) while the suburban increase was…
 
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    Arizona Family Law Blog

  • IRAs, Community Property Law, Transmutation, Commingling

    6 Nov 2009 | 2:52 pm
    The Arizona Court of Appeals recently rendered a decision regarding Arizona community property law in an Arizona divorce case.  A summary follows. In Quinlan v. Quinlan, Not Reported in P.3d, 2009 WL 3644806 (Ariz.App. Div. 1), the wife appealed from a ruling from the Arizona divorce court arguing that the family court erred in determining that Husband's IRA accounts were his sole and separate property, among other things. In this case, husband and wife were married in October 1989; wife filed a petition for dissolution of marriage in October 2006, and the decree of dissolution was…

  • Arizona "No Fault" Divorce

    25 Oct 2009 | 2:58 pm
    Many people often ask what an Arizona "No Fault" Divorce really means.  In simple terms, it means that in Arizona any husand or wife, despite what the other spouse may want, can get divorced without the other agreeing that the marriage should be disolved. The Arizona divorce statute requires that there must be an "irretrievable breakdown" of the marriage for the court to be able grant a divorce, or as it is technically called, a dissolution of marriage.  If either a husband or wife by petition under oath state that the marriage is irretrievably broken or if one…

  • Arizona Child Support Update

    19 Oct 2009 | 8:04 pm
    The Arizona legislature is in the process of reviewing the Arizona Child Support Guidelines. This review process occurs approximately every 4 years in order to insure that the Arizona Child Support Guidelines are in sync with the current economic situation.  The review process is required by federal law, which requires states to have child support lawsthat are: (a) applicable state wide; (b) take into consideration the non-custodial parents earnings and income; (c) are based on specific numeric and descriptive criteria; (d) results in a computation of the child support obligation; and…

  • Arizona Child Support

    19 Oct 2009 | 7:52 pm
    In Arizona, the legislature has indicated that the goal of the Arizona child support statute is to ensure that the amount of child support ordered approximates what would have been spent on a child if the family remained intact and were living together.  The Arizona child support guidelines were created to establish a standard and uniform method for calculating child support.  The Guidelines apply to all children and parents in Arizona and are only deviated from under special circumstances. If you would like more information on Arizona child support, please contact Nirenstein…

  • Arizona Legislation Affecting Family Law

    2 Oct 2009 | 4:56 pm
    The following changes will become effective September 30, 2009. A.R.S. §25-403, which deals with child custody cases in Arizona has been modified to provide that the court will disregard the factor, which parent is more likely to permit frequent and meaningful continuing contact with the other parent, if the court determines that “ a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.” This has obvious implications when dealing with Arizona child custody cases where domestic…
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    Proposition 8 and the Right to Marry

  • Legal battle over D.C. Marriage Intiative petition

    21 Nov 2009 | 7:43 am
    In May, the D.C. Council adopted the the Jury and Marriage Amendment Act of 2009 (JMAA), which confers recognition of same-sex marriages licensed in other states. JMAA opponents included D.C resident Bishop Harry Jackson, senior pastor of Hope Christian Church in Beltsville, Maryland. They sought to qualify a referendum on the law, but in June, the D.C. Board of Elections and Ethics ruled that the referendum would violate the Human Rights Act by discriminating on the basis of sexual orientation. Representing Jackson and six other D.C. residents, the Alliance Defense Fund (ADF) filed a lawsuit…

  • NY Court of Appeals recognizes out-of-state, same-sex marriages for purpose of public employee health insurance and county government benefits

    20 Nov 2009 | 12:12 pm
    11/19/09 NY Times:ALBANY — The state’s highest court on Thursday upheld policies giving some government benefits to same-sex couples who are legally married outside the state, but did not rule on whether gay marriage should be legal in New York, leaving that issue for the Legislature to decide. Though the majority in the 4-to-3 decision focused its decision on the narrow question of benefits, the three judges in the minority went further and said the court should have upheld the policies because same-sex marriages legally performed in other states deserved to be recognized in New…

  • 9th Circuit Chief Judge Alexander Kozinski rules that lesbian spouse of circuit court staff attorney must receive health care benefits

    20 Nov 2009 | 9:50 am
    11/19/09 order by Chief Judge Alexander Kozinski In the Matter of Karen Golinski:On November 18th, 9th Circuit Judge Stephen Reinhardt ruled that federal public defender Brian Levenson must be compensated for loss of health care benefits to his gay spouse when the Office of Personnel Management rejected his spousal benefit claims. The next day, Chief Judge Alexander Kozinski ruled that Karen Golinski, a circuit court staff attorney, must be allowed to pursue her claims of health care benefits for her lesbian spouse. The Recorder's Dan Levine thinks that gay marriage has received a "boost"…

  • 9th Circuit rules that Campaign for California Families not entitled to intervene in Perry v. Schwarzenneger

    20 Nov 2009 | 9:28 am
    11/19/09 opinion by 9th Circuit Judge M. Margaret McKeown on Campaign for California Families' attempt to intervene in Perry v. SchwarzennegerThe Campaign for California Families (CCF) has a reputation as a rival to Yes on 8, the organization of the official Prop. 8 proponents. The proponents are defendant-intervenors in Perry v. Schwarzenneger, the federal lawsuit challenging the constitutionality of Prop. 8. In June, CCF sought to intervene in the case, on the grounds that Yes on 8 would not adequately represent its alleged interest in upholding Prop. 8. Proponents have opposed CCF's…

  • Judge orders production of campaign documents by official Prop. 8 propnents

    19 Nov 2009 | 12:10 pm
    11/19/09 order compelling document production by official Prop. 8 proponents in Perry v. SchwarzennegerThis is the third discovery issued to parties in Perry v. Schwarzenneger. (See my last post about the discovery dispute here.) [November 20th: A reader has helpfully corrected my oversight. Judge Joseph Spero issued the order on behalf of Judge Vaugn Walker.] Thanks to California attorney Rick Xiao for alerting me to today's order and for commenting about it:Today Judge [Spero] dropped the hammer on Prop. 8 proponents and ordered immediate production of internal communications concerning…
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    Decoupling Seattle Family Law and Divorce Blog

  • The Split: Bringing Home The Check

    liz
    12 Nov 2009 | 4:43 pm
    The Split is an on-going series in which Decoupling talks to the people who are perhaps most affected by divorce – the kids.  We sat down with adults whose parents divorced when they were kids and talked to them about how their folks’ split affected them.  Each article will address one particular aspect of their experiences.  In this first article…

  • Am I Entitled To Some Of My Ex-Husband’s Social Security?

    katy
    4 Nov 2009 | 10:49 am
    Question My husband and I are divorcing after 18 years of marriage.  I stayed at home with our kids for nearly eight years, and even after I went back to work I never made nearly as much as he did.  We are dividing our other retirement accounts, but our divorce decree says nothing about social security.  Am I entitled to some…

  • Pop Quiz: The Contemptuous Mother, The Absent Father, and the Problem Child

    liz
    3 Nov 2009 | 3:03 pm
    This quiz examines some of the considerations that a court addresses when determining whether to make significant changes to a Parenting Plan, such as by ordering that a child move from living primarily with one parent to the other. In Washington custody cases, the court’s top priority is promoting a child’s “best interests.”   Another lesser, but still important priority is promoting…

  • I Suspect I’m Paying My Ex Too Much for Daycare – What Should I Do?

    liz
    26 Oct 2009 | 5:23 pm
    Question When our child support order was entered a few years ago, I was ordered to pay my ex a certain amount each month for our kid’s day care – in addition to what I pay for child support. I suspect that my ex isn’t actually spending that much on care for our children anymore – what can I do to…

  • Am I In a Common Law Marriage?

    liz
    15 Oct 2009 | 4:19 pm
    Question I’ve lived with my boyfriend for over ten years, are we in a common law marriage? Are these two "married"? Answer No – not if you and your boyfriend live in Washington.   Eleven states recognize “common law marriage”, but Washington is not one of them.  “Common law marriage” is a a legal status given to some couples who have not had a formal…
 
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    Jacksonville Divorce Lawyer Blog

  • TV Food Celebrity (Mary Jo Eustace) Dumped by Husband (Dean McDermott) for TV Star Tori Spelling, Tells All in New Book

    20 Nov 2009 | 3:25 am
    TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention. Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace…

  • British Couples Recently Break Records for Oldest Divorcees and Oldest Newlyweds

    19 Nov 2009 | 3:59 am
    Bert and Jesse Wood had been married for 36 years when they filed for divorce last year in Great Britain. The marriage was the second for both of them, and at the time of the decree of divorce they were both 98 years old – making them the oldest couple on record to divorce. They have not publically stated the reason for their divorce, and their children are not making comments to the press. Wood died shortly after the decree was issued, and Ms. Wood now lives in a nursing home. In the next county over, Les Atwell and Sheila Walsh recently became the oldest newlyweds on record when they…

  • Murrieta, Georgia – Woman (Teri F. Scott) Allegedly Knifes Other Woman (Unnamed) in Child Custody Argument

    18 Nov 2009 | 3:57 am
    According to Murrieta, Georgia Police Sargeant, Jon Flavin, police were called to respond to a fight taking place late one morning. When they arrived at the scene, they found a woman, bleeding from a cut near her right ear. She reportedly told police that she had been attacked with a knife by an acquaintance of hers, during a heated exchange over a child custody issue. Apparently there were children present during the fight. They allegedly witnessed the attack and were put in danger because of it. The suspect, Terri F. Scott, was not at the scene when police arrived. They found the woman at…

  • Mel Gibson and Girlfriend (Oksana Grigorieva) Welcome Their First Child

    17 Nov 2009 | 3:24 am
    Australian actor Mel Gibson and his girlfriend, Russian musician Oksana Grigorieva, have welcomed a baby girl named Lucia into the world. While Lucia is Gibson’s eighth child, it is the couple’s first child together. Gibson has seven children with his former wife, Robyn Gibson. They divorced in April of this year after twenty-eight years of marriage. Gibson and Grigorieva met while filming “Edge of Reason.” Gibson’s daughter was born in California, but if the child had been born in Florida, the new girlfriend would definitely need to file for a paternity action so that a judge could…

  • Tough Economic Times Have Many Floridians Seeking Lower Child Support Payments

    16 Nov 2009 | 3:09 am
    According to the Florida Department of Revenue, the bad economy is creating especially hard times for those paying child support. They report that the number of requests for modified child support payments has increased, mirroring the state’s rising unemployment rate. Escambia and Santa Rosa Counties (Florida) have already received 831 requests this year, compared to 648 in 2006. Requests haven’t been this high since Hurricane Ivan. Many of the applicants are reporting that they can’t find work, or that the work they can find pays a lot less than their former employment. Others are…
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    Family Law Guy

  • McCourts: Minding (And Dividing) The Family Store

    28 Oct 2009 | 10:21 am
    Jamie McCourt has now filed her action for dissolution, along with a request for somewhere between $300,000 and $500,000 per month in spousal support (depending on whether she immediately gets back all her perks of being a Dodgers co-owner) and about two and a half million dollars in attorney fees and litigation costs.What's interesting about this case, beyond the usual tabloid stuff, is that it involves almost all of the issues any married couple in business together faces when the marriage goes bad. The questions aren't that different from those which have to be answered if the McCourts…

  • Kim Kardashian Agrees With Me: Get a Pre-marital Agreement!

    23 Oct 2009 | 4:38 pm
    I just couldn't resist writing the headline. Here's the story.

  • Surprisingly, Los Angles is NOT the Divorce Capital!

    24 Sep 2009 | 10:10 am
    In fact, California's not really in the running. Looks like Indiana and Florida are the big contenders.

  • How To Maximize Your Parenting In California

    20 Sep 2009 | 10:20 pm
    My advice on:How To Maximize Your Parenting In California - Avvo.comShared via AddThis

  • We're saying the same thing; we're just saying it differently

    25 Aug 2009 | 11:02 am
    My learned colleague Mark Chinn** from Jackson, MS, posted a deliberately provocative title to his blog this week: said Mark: "If you get a prenuptial agreement in the days before the marriage, don’t sign it!"My thought was: "If your fiance hands you a prenuptial agreement at the church door, stop the music, and postpone the wedding! You've just learned something very valuable about your fiance, before you've married him!"Mark's point, as we kicked it around on Facebook afterwards, was: "If you are going to sign a life time contract, you better have counsel and some time to think about it."…
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    Attorney O's Midnight Musings: Connecticut Law

  • Filing Fee for Divorce in Connecticut

    Administrator
    17 Nov 2009 | 6:13 pm
    In order to bring a divorce action in a Connecticut court, the party commencing the action must pay a filing fee of $300. In addition, the divorce summons and complaint must be served upon the other party by a State Marshal. The fee for service of those documents is approximately $50 to $75. If you cannot afford the filing and marshal fees, you may submit a fee waiver to the court. A judge may grant or deny your request to waive all or some of the fees. To apply for a fee waiver, you must complete form JD-FM-75 which is a financial affidavit. Finally, if you have minor children born to the…

  • Divorce is an Emotional Rollercoaster – But Are You Paranoid?

    Administrator
    11 Nov 2009 | 8:52 pm
    Editor’s Note: This was a thoughtful and insightful post that I felt would benefit my readers who are embroiled in divorce actions. Divorce is an emotional rollercoaster – but are you paranoid? [originally posted by Marilyn Stowe] How healthy is divorce litigation for everyone involved: clients, their families, the lawyers and others? How healthy is it for anyone involved in these cases? Paranoia is a profound distrust or suspicion of others, which goes hand-in-hand with the belief that one is being persecuted. In divorce, these feelings can have some basis in reality. There may indeed be…

  • Alimony: Using Craigslist to Get Out of Paying?

    Administrator
    10 Nov 2009 | 6:33 pm
    Editor’s Note: I happened upon this post a few nights ago while searching for articles on the topic of alimony. It was posted in February 2009 on the Mississippi Family Law Blog. It’s an interesting post with some good advice on what NOT to do if you are ordered to pay alimony to an ex-spouse. Man Offers to Pay for Someone to Marry Ex-Wife Imagine sitting at your computer and you are browsing the classified ads on Craiglist and suddenly you come across the following ad: Nice well taken care of ex-wife. Mid 40’s. Pretty and loyal. Never smoked and very little drinking. Will make…

  • Discuss Financial Issues Before You Get Married

    Administrator
    5 Nov 2009 | 5:58 pm
    As a Connecticut lawyer, I often represent people who are seeking divorce. One of the most common reasons they site for the breakdown of the marriage is money. Rather, differences in opinion over financial issues and strategies. An article published in the New York Times suggests that couples talk about four main points before walking down the aisle: financial ancestry (history), credit (history and habits), control (who will pay bills, etc.) and affluence (individual goals for wealth). Read the article: Money Talks to Have Before Marriage. [Source: Alabama Divorce & Family Law Attorney…

  • Does Cohabitation of Ex-SPouse Terminate Alimony?

    Administrator
    4 Nov 2009 | 9:06 pm
    In a divorce, one party may be obligated to pay alimony to the other. Divorce agreements may state that alimony terminates on the death of either party or the remarriage of the party receiving the alimony. If the party receiving alimony chooses to cohabitate with another person without entering into marriage, does the alimony obligation automatically terminate? No. However, the legislature passed Connecticut General Statute 46b-86b which states that, “[i]n an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment…
 
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    One (Divorce) Lawyer's Perspective

  • An Attaq on Shaq?

    Michael Viola
    18 Nov 2009 | 1:12 pm
    According to the My Family Law.com Celebrity blog, Shaquille O’Neal’s wife, Va’shaundya O’Neal, has filed a request for a legal separation from Shaq with the Court in Los Angeles. Many times have I been asked by clients and potential clients about obtaining a “legal separation” in Pennsylvania. Each time, my answer is the same – there is no “legal separation” under Pennsylvania law. Under Pennsylvania law, a person is either married or not. Once a person is married, that person is considered to be married until the first to occur of the death of…

  • Pennsylvania Superior Court exercises control over “Fast Track”

    Michael Viola
    12 Nov 2009 | 7:59 am
    In January of this year, the Pennsylvania Superior Court adopted changes to some of their procedural rules which would allow for child custody cases and parental rights termination cases to proceed faster through the appellate system. These rule changes resulted in the development of the “Children’s Fast Track”. Cases that qualified for the Children’s Fast Track, which include all child custody cases and all parental rights termination cases which were appealed after March 16, 2009, had shortened time lines where certain documents needed to be filed. The theory being,…

  • Who gets the infield? – Not Quite

    Michael Viola
    4 Nov 2009 | 7:37 am
    It was previously reported on the MyFamilyLaw Celebrity Blog that the owner of the Los Angeles Dodgers, Frank McCourt, and his wife Jamie were divorcing. With the World Series ending this week, one may wonder how a sports team gets divided incident to a divorce. Under Pennsylvania law, almost all assets acquired by either spouse between the date of their marriage until their separation are subject to division as part of a divorce. This is called equitable distribution. Although the assets are identified as of the date of separation, they are usually valued as of the date of the court hearing…

  • Lawyers beware

    Michael Viola
    3 Nov 2009 | 7:05 am
    I suspect many of us (lawyers and non-lawyers alike) who have e-mail addresses have received an e-mail from someone from some far off country telling us that we are a long lost relative of someone who died with a considerable estate, that we won a lottery in another country, or that our assistance is needed to help transfer millions of dollars out of another country. These are all, of course, scams. Some of my colleagues throughout Pennsylvania have received a slightly different scam e-mail, Here is what it says: To: undisclosed recipients (SUSPICIOUS CLUE #1) From: Eunice Robert Reply to:…

  • Still Not Final? Why Not?

    Michael Viola
    28 Oct 2009 | 7:59 am
    Back in mid-August, this article from Radaronline.com indicated that Jon Gosselin’s girlfriend was reporting that Jon and Kater’s divorce will be final by September. We’ll September has come and gone and there are only a few more days left in October, so when will this well-publicized divorce be final? For the most part, a divorce is not final until a divorce decree is entered. Generally, a Court will not enter a divorce decree until (1) the grounds for divorce have been established and (2) the economic issues related to the divorce (property division, alimony and counsel…
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    THE OREGON DIVORCE BLOG

  • Can a parent “take the child and run?”

    Daniel Margolin
    19 Nov 2009 | 10:34 am
    If a custody matter has not yet been filed, then under Oregon law, the parent with whom the child was living at the time paternity of the child was determined is determined to have legal custody of the child. ORS 109.175 provides: (1) If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 109.124 to 109.230 or ORS 416.400 to 416.465, or if paternity is established by the filing of a voluntary acknowledgment of paternity as provided by ORS 109.070 (1)(e), the parent with physical custody at the…

  • How to divide personal property in a divorce

    Daniel Margolin
    12 Nov 2009 | 3:30 pm
    The division of personal property in a divorce can be one of the most expensive, emotional, and wasteful parts of a case.  Parties will often spend thousands of dollars arguing over a very inexpensive piece of personal property.  Personal property, meaning furniture, art, family photos, pets, and other general property, in a divorce is treated no differently than the division of other assets.  A dollar value figure is placed on the property and the allocation of property is dealt with as part of the general division of assets and debts.  For example, if all of the personal property is…

  • Divorce Myth: Oregon has common law marriage

    csstephens
    7 Nov 2009 | 9:10 pm
    As divorce lawyers based in Portland, Oregon, we get a surprising number of questions about common law marriage. Common law marriage is where a legal marriage is created without a marriage license or marriage ceremony.  Usually the couple has to (1) live together for a significant period of time, (2) hold themselves out as a married couple, (3) and intend to be married.  I am surprised by how many people believe Oregon has common law marriage.  We don’t, hence the myth.  If you live together in Oregon, to be married, you have to comply with the marriage statues.  A few states do…

  • Divorce Myth: Remaining Jointly Liable for a Mortage Loan Will Prevent Me From Getting A New Mortgage

    csstephens
    28 Oct 2009 | 8:58 pm
    One “Divorce Myth” we come across is the belief that if a spouse cannot remove you from a mortgage loan at the time of divorce, it will prevent you from obtaining a new loan. This is a divorce myth because it is a commonly held belief (even by some lawyers) and is completely false.  In today’s real estate market and economy, more and more people are remaining on loans with an ex because the ex can’t refinance because of tightened lending standards and decreased home equity.  There are some problems remaining joint on a loan with your ex if they have been or they may turn…

  • When and How to Use a Forensic Accountant in Your Divorce

    Alexis Dow
    26 Oct 2009 | 8:41 am
    A Forensic Accountant can be a great help to you and your attorney to assist in communication and explanation by creating, using and explaining visual displays for financial details. Communication is fundamental to any human interaction. The ability to communicate clearly, concisely and in a way one’s audience can readily understand is an extremely important skill. During a divorce, there is a need to communicate with opposing parties, attorneys, judges, and people in general. The stress and distractions of divorce can make communicating effectively a challenge. This is particularly true…
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    Al Nye The Lawyer Guy

  • Three Thrillers Featuring Portland, Maine

    Al Nye
    19 Nov 2009 | 1:02 pm
    Except for strictly regional writing, it's seldom that a mystery author even mentions Portland, Maine. Face it; mysteries and thrillers typically deal with the most violent of crimes: murder, kidnapping, assault, terrorism. And compared to nearby Boston and New York, Portland isn't exactly a hotbed of urban crime. So it's not surprising that the city has been passed over as a prime location for writers – until now. Three books published in the last couple of months have featured Portland as the location for their stories. In addition to providing a vivid description of Maine's largest…

  • Pats Lose on Belichick's Gamble

    Al Nye
    16 Nov 2009 | 6:50 am
    There is no freaking way the Patriots should have lost to the Colts last night. The Pats played the better game — by far. Up to, of course, the foolish call by Belichick to try for a 4th and 2 on the Colts own 28 yard line with just 2 minutes left in the game. Don’t get me wrong. I love the arrogance of the move and if they’d have made it, game over. But let’s face it, the gamble was stupid — the dumbest call I’ve seen Belichick make. Ever. Give Payton Manning the ball with two minutes left with only a 6 point lead? Are you foolish? Any other…

  • Lawyers: Are you still hard to find online?

    Al Nye
    11 Nov 2009 | 4:51 am
    If you don’t have a website, blog, or other type of social media presence online, then you’re missing an opportunity to connect with your clients and attract more business. But if you’re not particularly web-savvy and running low on funds, what can you do? Check out this site for 50 Free Resources For Lawyers To Create Their Own Websites. These’s good information there for every lawyer.

  • Small Claim Cases in Maine

    Al Nye
    10 Nov 2009 | 12:27 pm
    A small claim action in Maine is any suit for less than $6,000, not counting interest and costs.  The statute describes it as "a simple, speedy and informal court procedure" to resolve these types of claims. Though the compensation may not be large, the issues are often still very important to the parties.   A small claims action can be brought in the District Court where the transaction occurred, where the defendant lives, where the defendant has a place of business or, if the defendant is a corporation or partnership, where its registered agent resides.   A statement of claim…

  • New England Patriots Upend Miami Dolphins

    Al Nye
    9 Nov 2009 | 7:07 am
    Face it, this was a sweet win. The Dolphins embarrassed the Pats last year with their Wildcat offense and for a few plays yesterday, it looked like they might do it again. But have no fear, the Pats regrouped at half time and went on to beat the Dolphins 27–17 in a satisfying win. Randy Moss had a couple of fine catches and a devastating stiff arm that led to a 71–yard touchdown. Except for an early interception, Brady had a solid game with over 300 years of passing. Ane yet… and yet… the game was actually much closer than the score would indicate. The Pats should…
 
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    Hattiesburg Divorce Lawyer

  • Visitation Must Be Specific

    Tim Evans
    19 Nov 2009 | 7:31 am
    I have clients who wonder why I want to be so specific on establishing visitation between the children and the non-custodial parent. The answer is simple; the more specific you are, the less ambiguity (usually) exists. Also, based on my own experience as a divorce parent, I think specificity helps when it comes to planning future visitation. For example, I believe establishing visitation on the first, third, and (when applicable) fifth weekends of the month to be preferable than saying visitation is to take place every other weekend. That way, you can look at a calendar and instantly tell…

  • How soon can I get to court?

    Tim Evans
    1 Oct 2009 | 5:48 am
    One of the most common questions I get is “How long is this going to take?” People want to know how long will they be tied up in litigation, and when can they get on with their lives. Like so many things were the legal process is concerned, there are no clear answers. There are processes where a true emergency may be heard by a court in a matter of days. Even in these cases, though, this is just an initial hearing, and it must soon be followed up within a few days with another hearing to give due process to the other party. The most certain deadline I can give a client is when it…

  • When Worlds Collide

    Tim Evans
    1 Oct 2009 | 5:37 am
    People like to classify things. That includes laws and lawyers. Both the public at large and we attorneys like to talk about different areas of the law as if they were nice and neat—totally separate from one another. For example, we talk about family law (or divorce law), personal injury law, contract law. “Oh,” we might say, “he’s a bankruptcy lawyer,” or, “she’s an elder law attorney.” Unfortunately life, including law, is rarely that nice, neat, and organized. No, the reality is that a case can involve several different areas of law. The…

  • Sorry, I’m not Licensed There

    Tim Evans
    21 Sep 2009 | 5:00 am
    Most laypersons don’t understand just how state specific law is—or at least I didn’t before I went to law school. That is very true about family law. There are some general principles that are mostly the same everywhere in the U.S., but the devil, as they say, is in the details. Ben Stevens (aka The Mac Lawyer), a South Carolina family lawyer, has compiled a list of state-specific family law blogs. I’m glad to see he didn’t overlook this blog! If you need some family law help in a state other than Mississippi, check out his list to find a lawyer who blogs in the…

  • 3nd6frkvzi

    Tim Evans
    20 Sep 2009 | 7:31 am
    3nd6frkvzi No related posts. Related posts brought to you by Yet Another Related Posts Plugin.
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    Rochester Family Lawyer

  • Can Social Abandonment By A Spouse Be Sufficient As Grounds For Divorce?

    alexkorotkin
    21 Nov 2009 | 6:10 pm
    While New York continues to be the last state that insists upon fault-based divorce, that has not stopped various attempts to broaden present grounds for divorce available under the Domestic  Relations Law.  In a recent decision, Davis v. Davis, 2009 N.Y. Slip. Op. 08579 (2nd Dept. 2009), the Appellate Division, Second Department, held that “social abandonment” of one spouse by the other, does not meet the definition of constructive abandonment, and can not be used as grounds for divorce.  This case demonstrates why divorce lawyers and their clients, here in Rochester and…

  • Divorce, Equitable Distribution and Appreciation of Separate Property

    alexkorotkin
    14 Nov 2009 | 5:49 pm
    One issue that comes up periodically in divorce cases has to do with appreciation of separate property brought into the marriage by one spouse.  If that separate property is a business that appreciated during the marriage, did that appreciation come as active spousal effort, which would render the appreciation marital property, or did the appreciation come as a result of passive, non-spousal effort, and therefore should be treated as separate property? In other words, what was the comparable economic contribution of each party to the appreciation of such asset? While the courts do not…

  • Non-Titled Spouse, Enhanced Earnings and Substantial Contribution

    alexkorotkin
    8 Nov 2009 | 8:17 pm
    I have previously written about several issues related to distribution of enhanced earnings during the equitable distribution portion of the divorce action here, here, here and here.  One of the critical issues facing a divorce lawyer, seeking seeking equitable distribution of a portion of such earnings for his/her client, is the burden of proof with respect to the non-titled spouse’s contribution to enhanced earning capacity.  The non-titled spouse seeking a distributive share of enhanced earnings must demonstrate that he/she made a substantial contribution to the titled…

  • Child Support and High Income Non-Custodial Parent

    alexkorotkin
    1 Nov 2009 | 6:52 pm
    I have previously written about various child support issues, here, here, here and here.  While the number of issues is substantial, one situation that comes up periodically, is the one where the non-residential parent earns a substantial income, placing the combined parental income well in excess of the basis economic support under the Child Support Standards Act.  While the income limit for basic economic support under the CSSA is about to increase substantially, what happens in situations where the nonresidential parent earns several hundred thousands dollars or more per year? In a…

  • Enforcement of Child Support Arrears and Chapter 13 Bankruptcy

    alexkorotkin
    25 Oct 2009 | 6:35 pm
    Support Magistrate determined that respondent willfully failed to pay $7,814.90 in child support arrears, and referred matter to Family Court for confirmation. Respondent’s commencement of Chapter 13 bankruptcy stays all actions and proceedings to collect pre-petition claims against debtor and his property. See, 11 USC § 362[a][1]. Although Family Court is precluded from exercising its enforcement powers pursuant to FCA § 454 to recover arrears while Chapter 13 bankruptcy plan is in effect, Family Court finds that it is not prohibited to confirm finding of willful violation already made…
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    Fort Lauderdale Divorce Lawyer Blog

  • Divorces Are Slow In Miami-Dade And Broward Due To South Florida Economy

    20 Nov 2009 | 5:23 pm
    The Miami Herald is reporting that many couples in Miami-Dade, Broward and South Florida are staying together or appearing pro se (without a lawyer) because they are unable to pay a divorce attorney. Some divorce lawyers in Aventura, Sunny Isles Beach, Miami, Hollywood and Fort Lauderdale state that their divorce business is down as much as 35%. In addition, many potential new clients do not appear for their consultation because they are embarrassed that they can not afford the consultation fee. According to court records, 16,868 divorces were granted in 2006 in Miami-Dade, 16,005 in 2007 and…

  • The Effect Of A Supportive Relationship On Permanent Alimony After A Ft. Lauderdale Divorce

    19 Nov 2009 | 6:56 pm
    During a Broward divorce, your Fort Lauderdale divorce lawyer may request that you be awarded alimony. A Florida marital and family court can award you bridge-the-gap, temporary, lump sum, rehabilitative or permanent periodic alimony. However, after the conclusion of your Broward divorce case, one spouse may have their Broward child support, child custody and divorce attorney ask the judge to reduce or terminate the alimony because of a statutorily created supportive relationship. In determining whether an existing award of alimony should be reduced or terminated because of an alleged…

  • Recovering After Your Fort Laudedale Divorce

    15 Nov 2009 | 8:44 pm
    Your divorce in Broward was most likely an extremely difficult process. While your Fort Lauderdale divorce attorney is not your therapist, it is important for you to let go and move on after your divorce. You should learn to incorporate different specific skills to assist you with emotionally recovering after the child custody, time-sharing, alimony and child support aspects of your Cooper City divorce. You should take back control of your life by letting go of the pain, resentment and regret. You must also fully accept and take responsibility of your new reality and feelings. It is also…

  • Fort Lauderdale Divorce Attorneys Caution Against Text Messages

    3 Nov 2009 | 8:00 pm
    When you meet with your Broward divorce lawyer, you and your spouse will be required to produce and exchange mandatory disclosure including, but not limited to, tax returns, proof of income, evidence of indebtedness and a financial affidavit. The purpose of this discovery is so that your Fort Lauderdale child custody lawyer can have an understanding of the assets, liabilities and income of you and your spouse for the calculation of alimony, child support and other equitable distribution of your assets. However, in recent years divorce attorneys in Broward and Miami-Dade have begun to request…

  • Divorce.com - Divorce Resource For Florida, Ft. Lauderdale And The Rest Of The World

    2 Nov 2009 | 10:21 am
    Even though divorce in Fort Lauderdale can be a tremendous burden, with the right tools, information and resources it can also be a great opportunity for personal growth. As the fourth most populous state in the nation, Florida also has one of the highest per capita divorce rates. Floridians don't call it divorce however; they call it dissolution of marriage. Whatever you call it, initiating a divorce with your lawyer could be the single most important emotional and financial decision a person residing in Broward can make in their lifetime. Although dissolution is never the most desirable…
 
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    Ohio Family Law Blog

  • Your Thanksgiving Doesn’t have to be a Turkey!

    Robert L. Mues
    21 Nov 2009 | 2:00 am
    Karen Armstrong, a human development extension agent with North Dakota State University, posted an excellent Thanksgiving piece two years ago. Her suggestions and insights bear repeating. Plus, I liked her Thanksgiving Quiz!  She was kind enough to allow me to republish it. The holiday season can be stressful enough on its own. Families who have changed the make up of their household because of divorce or marriage since last year have some new challenges. If this describes your family, watch your children for signs of stress this season. Often times the shopping and decorating is too much…

  • Upcoming Parenting Seminar Featuring Dr. Gregory Ramey, Ph.D.

    Robert L. Mues
    18 Nov 2009 | 2:00 am
    Dr. Gregory Ramey, a child psychologist at Dayton Children’s Hospital and author of the Family Wise Column in the Dayton Daily News, as well as a guest contributor to the Ohio Family Law Blog, will be presenting a parenting seminar at 6:30 p.m., December 3, 2009, at Dayton Children’s Outpatient Care Center in Springboro. Don’t miss it! Dr. Ramey will discuss “Kids and their Technological Worlds” and will provide recent research on internet usage, cell phones, and television, and some concrete implications for today’s parents.  Seating is limited and a RSVP…

  • Planning Parenting Time for the Holidays – Tips to Follow

    Anne Shale
    14 Nov 2009 | 2:00 am
    As we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday.  Here are some “tips” regarding the “nuts and bolts” of handling the Christmas holiday season. Read and examine the Parenting Time Schedule for your particular County which should be attached as part of your Final Decree or Court Judgment.  The Domestic Relations Court and Juvenile Court of each County have differing schedules. If your parenting time schedule has been lost or misplaced, you can obtain a replacement from…

  • Online Assessment Tools – Do You Think You Might Have a Problem?

    Robert L. Mues
    7 Nov 2009 | 5:03 am
    Here is a list of links to various online assessment tools that might be valuable for those interested in learning where they might score in areas that can frequently impact a marriage. Originally, I just intended to post an online depression assessment tool since many people going through a divorce suffer from some degree of depression. But once I started on the project, as you can see, the list kept growing. Here they all are: Depression Screening Test Inventory of Depressive Symptomatology Anger Management Test Arguing Style Test Domestic Violence Screening Test Woman Abuse Screening…

  • Parental Abduction: Prevention and Remedies

    Guest Contributor, Judianne Cochran
    31 Oct 2009 | 3:00 am
    Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio. Recently, there has been a flurry of news reports and discussions regarding cases where an abduction has already occurred and a child has been taken and retained in a foreign jurisdiction.  The most recent is a case where a father attempted a…
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    Waldlaw Blog

  • Known Donors, Fathers, and Everything In Between

    17 Nov 2009 | 2:23 pm
    This last couple of weeks, I have been cranking out agreements for couples planning on using known sperm donors as fast as I can write them.I love doing these agreements, for several reasons.First, I love being part of the adventure of building families. The clients who come to me for donor agreements are generally so excited and happy, getting ready to dive into parenthood and thinking carefully about how to do it in the way that will best reflect their vision of the family they are trying to create. The enthusiasm is infectious -- especially for me, being a very enthusiastic parent…

  • Remembering Alex Hoffmann (7/31/28-10/29/09)

    3 Nov 2009 | 7:36 pm
    My uncle, Alexander P. Hoffmann -- aka Sascha -- died last Thursday, October 29 at 6:45 pm. I was at his side when he took his final breaths, murmuring words of comfort and encouragement.Death is a strange thing, if for nothing else than for its utter permanence. It is hard to get used to the idea that you will never again see someone who has always been there.The last few months were hard. Sascha (the name he was known by in the family) had long lived alone. He was quite independent of us, his family, and I often went weeks -- or even occasionally months -- without talking to him. Even…

  • The Medical Pit-Falls of Sperm Donation

    22 Oct 2009 | 11:19 am
    For those of you who don't hang out on the internet or watch late-night news shows, you may have missed the story: a man who donated sperm to an unnamed San Francisco sperm bank while in his 20's has recently been diagnosed with Hypertrophic Cardiomyopathy, a potentially deadly heart defect that causes sudden death in people previously believed to be completely healthy. It is already confirmed that nine of his 22 off-spring inherited the condition, one of whom died from the disease at age two.This story highlights the medical concerns raised by using young, anonymous sperm donors to assist in…

  • An Open Letter to Governor Schwarzenegger

    12 Oct 2009 | 5:06 pm
    Thank you, Governor Schwarzenegger, for signing The Marriage Recognition and Family Protection Act into law today. It has been a bruising couple of years for lesbian and gay families in California. We saw our dignity and equality recognized by the California Supreme Court in May of 2008, only to have the voters decide at the ballot box in November -- in passing Prop 8 -- that our families do not deserve the full equality afforded different-sex families after all.We saw the same Supreme Court that said that "[w]hile retention of the limitation of marriage to opposite-sex couples is not needed…

  • On Your Feet Foundation

    5 Oct 2009 | 2:33 pm
    I was at a benefit last night for the On Your Feet Foundation of Northern California. On Your Feet Foundation is a relatively new foundation in California, modeled off a foundation in Chicago bearing the same name, which seeks to provide support to birth mothers who have given up their children for adoption. A little background: it has long been a problem that birth mothers who choose to give their children up for adoption generally do so in hopes that the children will have a better life than the birth mother would have been able to provide; but the birth mothers themselves are then left…
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    NJ Family Legal Blog

  • APPLICATIONS FOR MODIFICATION OF SUPPORT AWARDS

    20 Nov 2009 | 5:25 am
    It is no secret that our country as well as the global economy is in the midst of a downward turn. Jobs are being lost in nearly every industry and the financial world has been turned upside down. These economic global problems have touched nearly everyone of us. For those who have a financial obligation to support a former spouse or children, the failure to comply with court Orders pertaining to their financial obligations could have dire consequences. It is not uncommon for a new client to ask, "Will the judge really understand my situation?" or "Am I going to get a…

  • Divorce From Bed and Board - New Jersey's Answer to Legal Separation?

    19 Nov 2009 | 4:18 am
    Many times I have been asked whether New Jersey has a form of legal separation.  The answer?  The closest form of legal separation is what is known by statute as divorce from "bed and board," also known as a "limited divorce."  In simple terms, it means that two spouses have obtained a divorce from a financial standpoint, but they are still actually, legally married.  Assets are distributed, support is determined.  Notably, both parties must agree and request to a divorce in this form pursuant to the divorce from bed and board statute, N.J.S.A.

  • YET ANOTHER CELEBRITY DIVORCE - DODGER STYLE

    18 Nov 2009 | 12:09 pm
    Since they have been in the news a lot lately, I have bloged a lot recently on celebrity divorces, be it John & Kate, Stephanie Seymour or Jim Nantz.  That is why the article from Billy Witz that recently appeared in the New York Times about the divorce of Frank McCourt and Jamie McCourt, the owners of the Los Angeles Dodgers got my attention. Both parties claim to own the team - though Frank claims to be the sole owner.  Both worked for the team until recently, when Jamie was fired.  As a sign of the war to come, Jamie's lawyers budgeted her legal fees for this…

  • ALIMONY TERMINATES AT REMARRIAGE, DOESN'T IT?

    17 Nov 2009 | 11:22 am
    Alimony terminates at remarriage, doesn't it?  At least that is what we have learned.  In fact, there is even a statute, N.J.S.A. 2A:34-25, that says permanent or limited duration alimony terminates upon death or remarriage of the recipient.  This is not the case for reimbursement or rehabilitative alimony, per the statute, absent an agreement to the contrary or good cause.  Fast forward to November 17, 2009, the date of the release of the unreported (non-precedential) Appellate Division opinion in the case of Kelly v. Arato. In this case, the parties were married in…

  • RELOCATION WITH CHILDREN OUTSIDE OF NJ

    15 Nov 2009 | 6:23 pm
    I have previously blogged on the standard courts consider when asked whether a custodial parent can relocate outside of New Jersey.  In our global economy with the economic times being what they are, more and more often I hear people asking if they'll be allowed to move with their children after the divorce.  Recently, the Appellate Court in New Jersey issued an unpublished decision in what appears to have been a hotly contested divorce and relocation trial.  In Hryack v. Hyrack, A-1321-08T4, A-3645-08T2 (two consolidated appeals) decided October 29, 2009, the court gave its…
 
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    Connecticut Lesbian and Gay Law

  • Lambda Legal Files Lawsuit to Fight Unequal Pay for Same-Sex Domestic Partners in Arizona

    ireneolszewski
    18 Nov 2009 | 9:04 pm
    On November 17, 2009, Lambda Legal filed a federal lawsuit in U.S. District Court in Tucson, Arizona to block a move to strip gay and lesbian state employees of domestic partner benefits. Read Fighting Unequal Pay in Arizona on Lambda Legal’s site.

  • U.S. House Bill Would Reduce Taxes on Healthcare Owed By Gay & Lesbian Couples

    ireneolszewski
    17 Nov 2009 | 11:01 pm
    Editor’s note: I read with interest the following post on Gay Couples Law Blog: The new health care bill passed by the U.S. House on Saturday would do more than help reduce the amount of people without health insurance. It also would reduce the taxes usually owed by gay couples. Currently, employees must pay taxes on the health benefits given to their domestic partners or same sex spouses. That’s because DOMA doesn’t let the IRS recognize same sex relationships. The new health care bill would stop that. Instead, benefits given to to domestic partners would receive the same…

  • Home Study Required for Co-Parent Adoptions but May Be Waived for Step-Parent Adoptions in Connecticut

    ireneolszewski
    17 Nov 2009 | 6:51 pm
    If you and your partner have not entered into civil union or marriage and one of you desires to become the legal co-parent of the other person’s biological child in the State of Connecticut, the Probate Court will require that a home study be conducted in order to determine issues such as the needs of the child and the ability of the proposed adoptive parent to meet those needs. If you are married to your partner or have entered into civil union, the Probate Court may still require a home study, but the judge has the discretion to waive such a home study in a step-parent adoption. The…

  • Remembering Veterans by Working to Repeal “Don’t Ask, Don’t Tell”

    ireneolszewski
    11 Nov 2009 | 9:13 pm
    Editor’s Note: I could not have said this better … Remembering Veterans by Working to Repeal “Don’t Ask, Don’t Tell” by Michael A. Jones Despite the fact that gay marriage advocates lost a heartbreaking vote in Maine last week, there was one individual whose story emerged from the election that has managed to not only go viral throughout the Internet, but has captured the hearts and minds of equality advocates. That man is Philip Spooner, and he’s a World War II vet who talked publicly about what the idea of gay marriage and equal rights meant to him.

  • Rhode Island Governor Vetoes Bill Giving Domestic Patners Right to Claim Partner’s Body …

    ireneolszewski
    10 Nov 2009 | 7:32 pm
    Huh? Rhode Island’s Governor Donald L. Carcieri vetoed a bill giving domestic partners the right to claim the bodies of — and make funeral arrangements for — their partners. The governor wrote the following in his veto message: “This bill represents a disturbing trend over the past few years of the incremental erosion of the principles surrounding traditional marriage, which is not the preferred way to approach this issue.” “If the General Assembly believes it would like to address the issue of domestic partnerships, it should place the issue on the ballot…
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    The Divorce Collaborative

  • Part 2 – How Much Will My Divorce Mediation Cost? by Steve McDonough

    admin
    13 Nov 2009 | 7:00 am
    If you did not have a chance to read Part One about the range of fees for divorce mediation, please do so or be prepared to be confused. The answer is X-Rays.  Yes, that is right, X-Rays. My dentist can see what is going on underneath the surface of my tooth and has a clear picture of what is involved.  The roofing contractor can only see the outer layer of shingles, but cannot tell what lurks beneath the surface.  Perhaps there is rotten plywood that needs replacement, or perhaps not.  Either way, the roofing contractor needs to let his customers know that if there is plywood to be…

  • How Much Will Divorce Mediation Cost? (Part One) by Steve McDonough, Esq.

    Stephen McDonough
    11 Nov 2009 | 8:35 pm
    I just flew back  from a conference at Walt Disney World and boy are my arms tired (please stop groaning, I know that is a very old joke)!  One of the sessions was about blogging topics, and writing about frequently asked questions was encouraged.  Thus, I am embarking on some blog posts that address questions that are asked, well, frequently. The answers to some FAQs  may not be as straightforward as one might think or as prospective clients might desire.  For example, people always ask where I get my good looks from and if I would be able to fix them up with any wealthy and attractive…

  • Stay Happily Married Podcast – Spouse Going Back to School

    Stephen McDonough
    2 Nov 2009 | 5:16 pm
    Attorney Lee Rosen is the owner of The Rosen Law Firm in North Carolina.   I worked at his firm right out of law school in what I now term “the southern experiment.”    Rosen Law Firm also sponsors the Stay Happily Married website.  Besides being a successful and insightful divorce attorney and business owner, Lee is an expert in law firm technology and marketing. This podcast reminded me of how much fun it was going to school at night while married to a working spouse and with two small children.   Luckily, having a patient and supporting spouse made this challenge much more…

  • Plumber. Flowers. Candy-Gram.

    Stephen McDonough
    22 Oct 2009 | 1:09 pm
    I am a proponent of alternative dispute resolution (ADR), such as divorce mediation, the collaborative divorce process and a good old-fashioned duel with flintlock pistols.  OK, I am just kidding on ADR method number three, flintlock pistols are unreliable and inaccurate. Landshark! Some couples are more suited to mediation than others.  When I first meet with a couple for a mediation consultation they are evaluating what I have to say and how I say it, my personality, if they like my tie, etc. Perhaps they also realize that I am evaluating them and listening for any “red flags”…

  • Social Security and Divorce

    Stephen McDonough
    21 Oct 2009 | 2:06 pm
    I have received couple of questions on how divorce may affect social security benefits over the past week, so I thought a post on this topic might be helpful. First, a good point to remember is that social security is a federal system, and is thus controlled by federal regulations.   Social Security benefits cannot be bargained like other assets or retirement accounts since the receipt of social security benefits, how they are paid, and to whom are all controlled by federal law.   This is why you don’t see sections on social security benefits in divorce agreements. A divorced spouse…
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    MOGREN GLESSNER & ROTI

  • Debt Division in Washington Divorce

    3 Nov 2009 | 9:34 am
    As part of an action for the dissolution of a marriage, the Court must determine the division of the parties debts and liabilities. The standard the Court uses is not necessarily and equal division of the debts, but a fair and equitable division, considering all of the circumstances.The Court will usually order one party to pay a debt, and indemnify and hold the other party harmless from the responsibility of the debt. This order however, is between the two parties only, and does not effect the third party creditor. That means that if the obligated spouse fails to pay the debt, the creditor…

  • Parenting Plan vs. Residential Schedule

    29 Oct 2009 | 9:56 am
    In most family law actions where children are involved, the court will enter a Parenting Plan for the children. Parenting Plans are detailed court orders addressing both parents rights and responsibilities regarding the children. The three main issues addressed in the Parenting Plan are the residential schedule, decision making and dispute resolution.In parentage (paternity) cases, the court has the option of entering a Parenting Plan or only a Residential Schedule. A Residential Schedule addresses the residential schedule of the child (when the child is with the mother and when the child is…

  • Deposition in Washington Divorces

    15 Oct 2009 | 10:48 am
    In contested cases, a great deal of work goes into preparing the case for court. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial or evidentiary hearing before a Judge or Court Commissioner.Typically, a deposition is taken both to learn information, and to “box” a witness into a story. Deposition testimony may be may be used against that witness in court. Therefore, it is a very useful investigative and preparation tool for attorneys.A deposition is a formal question and answer session. The…

  • Health Insurance and Divorce in Washington

    5 Oct 2009 | 10:41 am
    One of the areas of life that seems straightforward enough when times are good, concerns adequate health care coverage. This is a topic that becomes even more serious when a separation takes place, especially when children are involved. If you and your kids are presently covered by a soon-to-be-ex-spouse’s policy, panic is an understandable reaction. Navigating the health care industry during this time of personal upheaval is not anyone’s idea of an enjoyable experience.Unless temporary orders are in place, there is nothing to prevent a party from changing insurance benefits, however,…

  • Washington Child Support Arrearages

    22 Sep 2009 | 9:06 am
    Child support is a large part of any divorce settlement in which children are involved. Beginning in the 1980’s the government placed a more intense focus on enforcing child support payments and going after those who did not comply with their part of the arrangement.Arrearages. Overdue child support payments are called arrearages. This can occur because of a failure to maintain work, inability to find work, or just simple refusal to pay. Washington judges have become increasingly strict about enforcing child support orders and collecting payments in arrears. If there is not a valid reason…
 
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    Florida Family Lawyer Blog

  • Relocating your Child Outside of Florida

    6 Nov 2009 | 1:44 pm
    On October 1, 2009, the Florida legislature enacted Florida Statute 61.13001, which outlines the steps parents must take before they relocate their child or to prevent their child’s relocation. If you are a parent in Fort Lauderdale, Miami or Palm Beach and you are planning to move more than 50 miles from your current home, you must obtain either: (1) written permission from the other parent or (2) a court order permitting the relocation. Likewise, if you want to prevent your child’s other parent from moving with your child out of this area, you must act carefully to protect your rights.

  • Are Pension Funds and Retirement Accounts Marital Property under Florida Law?

    16 Sep 2009 | 6:42 am
    Many of the clients of our Fort Lauderdale and Miami divorce attorneys are shocked to learn that their soon to be ex-spouse may be entitled to a portion of their retirement or pension fund. In Florida, pension and retirement funds that accrue during the marriage must be treated as marital property and are generally shared equally. However, there are exceptions and modifications to this rule that may help you protect all or part of your retirement savings. Florida law holds that all vested and non-vested benefits, rights, and funds that accrue during the marriage are marital assets subject to…

  • How can a mother obtain child support when the parents are not married?

    17 Aug 2009 | 6:10 am
    Many children in the Miami, Fort Lauderdale and Palm Beach areas are raised by single mothers and many of these children’s parents were never married. Florida law requires both parents to financially support their children, and unmarried mothers and fathers who are custodial parents are entitled to financial support from the other parent. If you are an unmarried custodial parent in South Florida, you can obtain child support through a Judicial Court Order or an Administrative Order. These orders can be obtained through the assistance of a family law attorney or via assistance from the…

  • CHILDREN OUT OF WEDLOCK:Does signing a birth certificate give a father parental rights?

    30 Jul 2009 | 9:28 am
    Many children in South Florida are born out of wedlock, and it is important for unmarried mothers and fathers to protect their legal rights. In this series of blog posts, we will explain the legal problems that unmarried mothers and fathers in Miami and Fort Lauderdale face everyday. Specifically, these blogs will cover: (1) how an unmarried father can obtain legal parental rights, (2) how a father can establish paternity and prevent the unmarried mother from placing the child up for adoption, (3) how a mother can obtain child support from the father when the parents are not married, and (4)…

  • What do Facebook, MySpace and Twitter have to do with my divorce?

    13 Jul 2009 | 12:12 pm
    Next time you update your Facebook status, post pictures on MySpace, or Twitter about your day, remember that the things you post on social networking sites might be used against you during your divorce. Facebook, MySpace, LinkedIn and Twitter are amazing tools that help us stay in touch with old friends and connect with new acquaintances, but they are also evidentiary gold mines for divorce attorneys. If you aren’t careful, your spouse, their friends, or their attorneys can comb through your networking pages and find valuable information to use against you during your divorce. For…
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    Always Family Center

  • Free Family Law Seminar

    Carl Arnold
    5 Nov 2009 | 4:41 pm
    Christine Ubben submitted the following seminar for publication on Always Family Center. Thanks Christine! FREE FAMILY LAW SEMINAR 5 THINGS YOU NEED TO CONSIDER IF DIVORCE IS IMMINENT Sponsored by The Law Office of Diane Kaer, Attorney & Stacey Brown, Financial Advisor with Edward Jones Date: November 9, 2009 Time: 6:30 – 8:00 pm Location: 3420 155th [...]

  • “D”aisy Camp Divorce Retreat 2010 Schedule

    Carl Arnold
    4 Nov 2009 | 6:12 pm
    Daisy Camp is an inexpensive retreat for women thinking about or experiencing divorce. The sessions are held at the AmericInn Lodge and Suites in Belle Plaine, MN. From their website: “D”aisy Camp is a one-of-a-kind weekend spa retreat that provides legal, financial, and practical advice from professionals who are outstanding in their areas of expertise. The [...]

  • FREE Seminar: 10 Things Women Should Know When Contemplating Divorce

    Christine Ubben
    4 Oct 2009 | 12:45 pm
    I recently met Stacey Brown of Edward Jones in Rosemount who clearly has a passion for assisting women with their financial goals. On October 20 from 6:00-7:30 pm, Stacey and a local attorney will be presenting a seminar for women related to finances and divorce. If you can’t make it to the October [...]

  • Lawyers Helping With Reconciliation Instead of Divorce?

    Carl Arnold
    9 Sep 2009 | 8:50 am
    Do you or your spouse want to reconcile instead of divorcing? Here’s a very interesting overview of a new project in Minnesota where Collaborative lawyers are helping clients reconcile instead of divorcing. The video is of Minnesota Collaborative lawyer Bruce Peck. Here’s a link to the second video and full website. http://cuttingedgelaw.com/video/collaborative-law-pioneer-bruce-peck-project-about-reconciliation-healing Author of this post: [...]

  • Advised to Divorce Because Your Spouse Becomes Chronically Sick?

    Carl Arnold
    2 Sep 2009 | 7:23 pm
    As a divorce lawyer and mediator, I wish health insurance and medical costs didn’t come into play in decisions to divorce, but they do. I’ve told friends and family that I predict that in the near future people will plan their divorce around health insurance issues. Specifically, I predict that people will begin [...]
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    Divorce Manual

  • Westminster Debate for KIDS: Further Related Coverage

    19 Nov 2009 | 12:15 pm
    The Guardian, Thursday 19th NovemberThe Telegraph, 16th NovemberThe Mirror, 16th NovemberFamily Law WeekMishcon De Reya, Monday 16th NovemberFamily Lore Focus, Wednesday 11th NovemberDads House, November 2009

  • Westminster Debate in The Times

    16 Nov 2009 | 10:56 am
    Today, The Times reported on the Westminster Debate for KIDS, which took place on November 9th, 2009. You can read the article here.

  • Westminster Debate for KIDS (Kids in Divorce or Separation)

    10 Nov 2009 | 12:12 pm
    In commemoration of the 20th Anniversary of the Children Act 1989, Divorce Manual and Mishcon de Reya hosted a debate in the Houses of Parliament last night on the welfare of the child and the significance of that welfare in private family law. At the heart of this debate was the notion that although the Children Act 1989 specifically insists that the welfare of the child be of paramount consideration in every family law case, the reality is such that this is just not happening. As a result the debate was a discussion of two parts: targeting the problems and from there, considering…

  • Westminster Debate for KIDS in The Guardian

    10 Nov 2009 | 2:14 am
    Divorce Manual was privileged to be able to Chair the Westminster Debate for KIDS last night and prior to the event itself, The Guardian's Afua Hirsch has written a very informative piece on the debate and its focus, which can be found above.

  • What makes your Family Unique?

    30 Sep 2009 | 6:26 am
    To celebrate Parents' Week 2009, Divorce Manual invites you to share your thoughts on family, to write down what makes yours special or just to tell us about family moments that have touched you, either for the better or otherwise. This post is for you, mums, dads and kids: celebrating the diverse ways in which families live is just one way of expressing the huge potential for happiness in every home. What does your family say about you?
 
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    SingleServeCoffeeDeals.com Feed

  • Nescafe Dolce Gusto Coffee Capsules – $15 Off $39 Or More

    Single Serve Coffee Deals
    19 Nov 2009 | 5:26 pm
    Until December 31st, Amazon is offering $15 off a purchase of $39 or more on all their Nescafe Dolce Gusto capsules. No coupon code is necessary and your discount will be applied during checkout. Smart capsule technology Perfect extraction No contact with machine or cross contamination with other drinks made. Quality multi beverage use Morning cup of coffee Delicious, everyday coffee offers an unmistakable smooth taste beneath a crema layer 100% PURE Arabica coffee beans Related posts:Krups Nescafe Dolce Gusto Lungo Decaffeinato Capsules 50% OffNescafe Dolce Gusto Single Serve Coffee Machine…

  • Nescafe Dolce Gusto Coffee Machine Giveaway! – Sponsored By Shoffee.com

    Single Serve Coffee Deals
    18 Nov 2009 | 1:00 pm
    Today we’re announcing another great giveaway sponsored by Shoffee.com! One lucky winner will receive a Nescafe Dolce Gusto Coffee brewer by Krups in the color of their choosing. This giveaway will end in time for you to receive it by Christmas. It would make a really great gift! Hint hint.. ;) “At shoffee.com we can’t claim to be the internet’s #1 seller of Keurig k-cups, but we can guarantee that we are #1 where it counts most – in the eyes of our customers.” Nescafe Dolce Gusto Coffee Brewer Description from Shoffee.com: NESCAFÉ Dolce Gusto combines the…

  • Coffee People Wake-Up Call K-Cups On Sale For $8 At 1QuickCup.com

    Single Serve Coffee Deals
    18 Nov 2009 | 11:41 am
    This week only, 1 Quick Cup is offering Coffee People Wake-Up Call K-Cups for only $8 per box of 24 as part of their weekly mega sale. These K-Cups are made to work with any model of Keurig single serve brewing machine. The discount is added instantly and no coupon code is required. 1 Quick Cup offers $6.95 flat rate shipping anywhere in the US. Coffee People Wake-Up Call Notes: Coffee People K-Cup Extra Bold Wake Up Call Bold for Keurig Brewers kicks things off right with its rich flavor and lively finish. Related posts:Coffee People Wake-Up Call K-Cups On Sale – $8 Per Box Of 24Coffee…

  • Gloria Jean’s Holiday Traditions Seasonal K-Cups On Sale: $8.99 Per Box Of 24

    Single Serve Coffee Deals
    17 Nov 2009 | 11:00 am
    This week only, Shoffee.com is offering Gloria Jean’s Holiday Traditions K-Cups for $8.99 per box of 24 as part of their “K-Cup of the Week” deal. These Seasonal K-Cups are Certified Kosher, and are only available for a limited time. This deal will remain active until next Tuesday, November 24th. Shoffee offers free shipping on orders of $60 or more. They will also add a free seasonal sampler of 12 K-Cups if your order is $75 or more. Here’s what Shoffee has to say about Gloria Jean’s Holiday Traditions Seasonal K-Cups: Gloria Jeans Holiday Traditions Keurig…

  • Free Shipping At CoffeeGIANT.com – Today Only

    Single Serve Coffee Deals
    16 Nov 2009 | 12:18 pm
    CoffeeGIANT.com is offering free shipping on everything today, November 16th. No coupon code is required. Just select the free shipping option during checkout. This free shipping deal might be a good opportunity to try their K-Cup seasonal sampler which includes two of each: Gloria Jean’s Holiday Traditions, Coffee People Santa’s Buzz, Gloria Jean’s Pumpkin Spice, Green Mountain Autumn Harvest, Green Mountain Pumpkin Spice, Timothy’s Perfectly Pumpkin, and Timothy’s Donut Blend. CoffeeGIANT offers a large variety of single serve coffee machines, K-Cups, Coffee…
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    Massachusetts Divorce Lawyer Blog

  • Same-Sex Marriage Statistics

    Gabriel Cheong
    10 Nov 2009 | 6:30 am
    Last week, voters in Maine struck down a law voted on by their legislature and signed into law by their governor, granting same-sex couples equal rights under the law.  This is very disappointing and as I’ve said before, perhaps the rights of the minority should not be placed in the hands of the majority.  If this was the case, we would still have segregation of schools, no voting rights for blacks and women and we’d still prohibit interracial marriages. I came across a paper by Jeffrey Lax and Justin Phillips, “Gay Rights in the States: Public Opinion and Policy…

  • How to file for Divorce (the right way)

    Gabriel Cheong
    2 Nov 2009 | 6:30 am
    Over 90% of divorces ends up with both parties agreeing to sign a Separation Agreement and agreeing to jointly file for divorce. That means that over 90% of divorces ends up being uncontested divorces. Yet, 90% of divorces do not start off as uncontested divorces. There are many reason for this but a major reason, I suspect, has to do with the attorneys involved. I’ve noticed that the first thing most divorce attorneys do when a new client gets retained is start to prepare a Complaint for Divorce. A Complaint for Divorce starts the process of a contested divorce (as oppose to a Joint…

  • How Children Handle Divorce

    Gabriel Cheong
    13 Oct 2009 | 6:30 am
    My friend Leanna Hamill shared this site on twitter: Postcards from Splitsville. It is powerful to read though the drawings from these children that are caught in the middle of their parents’ divorce.  Each child processes divorce differently but most need to be reassured that it’s not their fault, that they’re still loved by their parents, and that there’s nothing they could’ve done to prevent the divorce. All parents who file for divorce in Massachusetts are required to attend a Parental Education Course (a topic I’ve written about in part 1 and part 2).

  • Should anonymous sperm donors pay child support?

    Gabriel Cheong
    30 Sep 2009 | 10:49 am
    In a novel case that’s being heard by the Court of Appeals here in Massachusetts, a woman who had 2 daughters through artificial insemination is demanding that her anonymous sperm donor’s identity be revealed so that she could establish paternity, child support and obtain medical information.  The case is on appeal from Boston, Suffolk County probate court. [article here] Sperm banks’ list of depositors are typically sealed tighter than a Swiss bank vault (although recently, that’s not so tight either).  This is to protect the possible children of the donors and more…

  • Genetic Sexual Attraction vs. Incest

    Gabriel Cheong
    11 Sep 2009 | 9:40 am
    I just read a story about a woman in Detroit who gave her son up for adoption 10-years ago, only to now track him down and had sex with him. [article from mlive.com].  At first, this just seems like a case of a deranged woman who forced her son to commit incest.  However, while reading this story, it reminded me of a story I read about several years ago. It involved a case of a brother and sister who was separated as children and met as adults.  They found out they were siblings yet chose to engage in a sexual relationship. [abc story].  The story brings to life a condition known as…
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    Your Minnesota Family Lawyer Blog by Jennifer R. Lewis Kannegieter, Attorney at Law

  • Will We Need to Go to Court for our Divorce?

    Jennifer R. Lewis Kannegieter
    26 Oct 2009 | 7:03 am
    In some Minnesota divorce cases, parties can get a divorce without ever stepping foot in the courthouse. In order to avoid a court hearing, the parties must reach a complete agreement. If you start the court process and are unable to reach an agreement, you will have court hearings (starting with an Initial Case Management Conference, Temporary Relief Motion Hearing, Scheduling Conference, or a Pre-Trial Conference). But if you and your spouse have a signed Marital Termination Agreement before your first court date, you may never need to go to court. If the parties have no minor children or…

  • MN Divorce FAQ: Will My Spouse Have to Pay My Lawyer’s Fees?

    Jennifer R. Lewis Kannegieter
    8 Oct 2009 | 7:04 am
    A frequent question I hear is “Will my spouse have to pay my attorney’s fees?” My answer to this is “Don’t count on it.” In Minnesota, attorney’s fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and unreasonably contributing to the length or expense of the proceeding. As…

  • Custody Battles for Military Parents

    Jennifer R. Lewis Kannegieter
    24 Sep 2009 | 7:16 am
    For several military parents a deployment to serve their country can cost them dearly in a custody battle.  While parts of the Servicemembers Civil Relief Act applies to military child custody cases, granting more time for troops to respond and prohibiting judgments against parents while they are deployed, there has  been a movement for additional protections for military parents while they are deployed.  Leo Shane III has an in-depth article, Custody Battles Can Become Rude ‘Welcome Home’ for Military Parents on Stars and Stripes.

  • How a Minnesota Divorce Starts: The Process and the Approach

    Jennifer R. Lewis Kannegieter
    21 Sep 2009 | 6:59 am
    A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party, provides notice of parent education requirements, encourages alternative dispute resolution, and provides temporary restraining provisions. Once the divorce has been started, neither party is to harass the other, change insurance coverage or beneficiaries, or dispose of marital assets. The petition lays out the facts of the…

  • Where have your kids started school?

    Jennifer R. Lewis Kannegieter
    10 Sep 2009 | 8:43 am
    The school year has just started.  Hopefully the decision as to where your children will be spending the school year has been made.  As more and more parents agree to a joint physical custody arrangement, disputes over what school the kids are going to increase.  When one parent has sole physical custody it is usually a given that the children will be attending school in the district where that parent lives.  But when parents have joint physical custody and the children spend significant time during the school week with both parents there is rarely any guidance on which school district…
 
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    marylandtriallawyer.net

  • Kids have Holes in their Souls in the Shape of their Dads

    Constance Camus
    16 Nov 2009 | 2:06 pm
    Knock, Knock: Step Up Fathers, Your Children Need You Daniel Beaty, at a Def Jam Poetry reading, is the powerful orator and poet that delivers a universal and timeless message to all men, black, white and blended.  Take it, Daniel…   Here are but a few of the comments made on Youtube: "We are the children of our parents, but, we do not have to live the legacy of our parent's choices." "He's telling us that he retains the best qualities of his father but he doesn't need to be the same man, and so he won't end up in jail and wants others to gain…

  • Maryland Online Child Support Calculator

    Constance Camus
    16 Nov 2009 | 6:30 am
    The Maryland Department of Human Resources has developed an online child support calculator. The amount of child support a court may order for any particular case may be different from the amount estimated by the calculator. The intent of this calculator is informational. It does not constitute legal advice. The child support calculator is based on statutory guidelines. Click here for child support calculator. This online application program will assist you in completing a Child Support Worksheet. This worksheet estimates the child support obligation that a court may order a parent to pay…

  • Heal the Kids, Heal the World by Michael Jackson

    Constance Camus
    31 Oct 2009 | 4:38 pm
    [/caption] By all accounts, (albeit at this moment [10/22/09] mostly by Elizabeth Taylor at her Twitter account), Michael Jackson’s last show on this earth, This is It, once again demonstrates Michael’s extraordinary talent.   Yet, he was so much more, this Man in the Mirror.  His many selfless acts memorialized here by those who knew him best, his record breaking (Guinness World Book of Records) charitable donations, hospital visits to children on every tour in almost every country in the world; demonstrated his genuine compassion for the “least of us.”  Here and…

  • A Nurturing Soul Does Not Compute with a Sociopath

    Constance Camus
    19 Oct 2009 | 6:51 am
    Happened upon this insightful blog, Understanding Domestic Violence by Natalie Fleming, about why women stay in abusive relationships. Many are often shocked to find an otherwise healthy and strong woman in an abusive situation and wonder why and how this happens. This women is a nurturer. She has nurtured her own soul, conquered herself to find joy in the world. She meets a man who seems to be so close to winning. He’s almost conquered himself. She finds great pleasure and joy in watching and taking part in the nurturing of other’s souls. She sees how beautiful he is. She wants…

  • What Type of Family Law Attorney Do You Really Need: Lamb, Pit Bull, or Fox?

    Constance Camus
    14 Oct 2009 | 12:25 pm
    Potential clients often want to know “what type of lawyer” we are.  What they are really wondering is “are you aggressive enough” for them (whatever that might mean in that person’s mind).  The problem is that the vast majority of the time, potential clients don’t really know what type of lawyer they truly need for their case.  All too often, clients mistakenly believe that they need the most aggressive attorney to be found to handle their case, when in all actuality, hiring such a person will do nothing but make their case last longer, cost more, and…
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    Iowa Law Blog

  • New Tenant Eviction Requirements in Iowa

    20 Nov 2009 | 11:42 am
    The eviction process (also called a "Forcible Entry and Detainer" or "FED) in Iowa is just a little more strict.  A ruling from the Iowa Supreme Court today now requires that the landlord give personal service notice of the eviction hearing.  Previously, under the Iowa Uniform Residential Landlord Tenant chapter of the Iowa Code (Iowa Code 562A), if a landlord was ready to evict and had followed the necessary "notice to quit" requirements, the landlord could give the tenant notice of the eviction hearing (which must be less than 7 days away from the notice)…

  • Read the Entire Agreement - Personal Liablity May be Lurking in the Document

    28 Oct 2009 | 4:39 pm
    We've previously posted on the subject of the danger of personal guarantees when entering into contracts through a business entity. Normally, the officer/agent of the company needs to sign such an agreement in his or her capacity in the company, and not in their individual capacity in order to avoid personal liability. A recent case out of the Iowa Court of Appeals clarifies that signing in your corporate capacity isn't enough on its own to limit your personal liability. In this case, which was handled by our own Lou Hockenberg, the defendant had signed an application for credit and signed…

  • Steve McNair - Another Failure to Plan

    16 Oct 2009 | 4:10 pm
    Former NFL football player Steve McNair is just another too-common of an example of someone who failed to plan their estate with so much at risk.  As Todd Ratner on the Estate Planning Bits blog noted in his post, there are several legal issues associated to the unfortunate demise of Steve McNair that will likely result in significant cost and struggle to his family.  Fame and fortune alone won't guarantee you a structured estate plan.  And you don't have to be a Steve McNair to have the same issues and risks that he did.

  • Larry McLellan and Mark Landa Selected for National Honors

    16 Oct 2009 | 2:22 pm
    Sullivan & Ward's own attorneys, Larry McLellan and Mark Landa, have been selected for inclusion in the 2010 edition of Best Lawyers in America in environmental law.  Larry McLellan was also included in the 2009 Great Plains Super Lawyers listing under environmental law.  Congratulations to Mark and Larry for these honors!

  • Another Iowa Case of Piercing the Corporate Veil

    9 Oct 2009 | 4:15 pm
    One of the reasons that individuals form business entities, such as corporations and limited liability companies, is to protect their own personal assets from the debts and liabilities of the business. The law does provide some protection, but in order to get that protection, the company owners need to follow certain requirements. Fail to follow those requirements opens the individual owners up to liability of the company through a process called "piercing the corporate veil". The Iowa Court of Appeals recently affirmed a basic case permitting the piercing of the corporate veil. In…
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    Divorce And Mediation Blog

  • House Prices and Divorce in San Diego....

    17 Nov 2009 | 11:16 am
    Today's San Diego Union contains an article on the front page with a headline that "S. D. County home prices inch higher." While this is certainly welcome news, it hardly serves as notice of the end of falling prices and is not enough to make settling divorce cases easier. The statistics cited in the article refer to median home prices in the county - for those non-math majors, that means that one-half of the houses sold are above, and one-half below that median number. The increase, if you can call it that, is .5%, year to year for October. That can easily be a statistical anomoly, and not…

  • Frivolous Motions and Setting Aside Old Judgments:

    2 Nov 2009 | 9:50 am
    The last couple of months in my practice have seen a flurry of frivolous motions to set aside or modify existing judgments, based solely on one party's desire for a different result than they had originally agreed to. Maybe it's the economy driving litigants to re-divide assets, or attorneys who need the work, but it seems to be an epidemic in my office - often where one party has been denied relief by the judge, that person keeps coming back with a different strategy. The basic rule of law is that a judgment is final, and can only be set aside or modified for specific reasons, such as fraud,…

  • Amateurs Doing Mediation in Divorce Cases in California:

    31 Oct 2009 | 8:26 am
    On a law practice website I share with a friend, we have an article about non-lawyers and inexperienced lawyers pretending they can mediate a divorce settlement - sure, they MIGHT be able to help the parties achieve a fair and cheap resolution of their issues, but if that happens it is by accident. An essential part of the process is that each side knows his or her rights. These cases aren't about two businesspersons or two neighbors fighting over a contract or boundary dispute, it's about fundamental fairness between two people who owe each other about the highest duty known to the law:…

  • Banning Divorce in California...

    26 Oct 2009 | 1:03 pm
    I recently heard a news story from KNX Radio in Los Angeles that there is a petition drive to put an initiative on the California ballot to ban all divorces. The expressed reason is that divorce is a sin. The petition drive may, or may not, be a joke. I'll leave it up to you to decide whether to sign the petition when it comes to a shopping center near you. I could always give up family law and start practicing criminal law again - without divorce, violence may be the only way out if your spouse doesn't have the common curtesy to die of natural causes - that might spike the crime business. :)…

  • Gov't Regulation and Lack of Follow Through:

    4 Oct 2009 | 8:03 am
    There's a story everyone should read in the New York Times. It is about a young woman, paralyzed from the waist down, as a result of e. coli tainted hamburger. This is a rare, but violent case, in an industry under-regulated, and heavily protected by the wealth of the industry that cares more about providing us cheap beef than safety. A few years ago, a best seller [Fast Food Nation] detailed the problems in the beef industry, but illustrates what happens when an industry provides its own regulation, and government inspection isn't adequately funded. This shouldn't be a liberal/conservative…
 
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    Families and the Law

  • What do you look for in an attorney?

    3 Nov 2009 | 12:56 pm
    My legal assistant, Alex, is a student at University of Central Missouri studying business administration. One of her current classes is in quality assurance. As a part of the class, she has asked me to ask you to complete her class questionnaire.The question is - What do you think is most important in your decision making when you decide to retain - or not - an attorney. Alex has promised to give me the results so I can post them here.Click here to access the survey. Thank you for your help.

  • Missouri child support termination - big oops in the system!

    22 Oct 2009 | 12:11 pm
    What is supposed to happen when a child attains the age of emancipation (or is emancipated under one of the other rules set out in the statute) is that the custodial parent is supposed to notify the other parent that the child is now emancipated. There's a form for that. Custodial parent files the form with the court and sends a copy to the other parent. No problem.If the custodial parent doesn't send the form to stop the child support, the paying parent can fill it out himself and send it in to the court. The paying parent then has to have the other parent served before the court can do…

  • Missouri lets dads contest paternity

    21 Sep 2009 | 2:36 pm
    A new statute allows dads to contest paternity in divorce and paternity cases.Here's the way it works:If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there…

  • Missouri AG helps consumers saddled with zombie debt

    28 Aug 2009 | 9:11 am
    Zombie debt is debt that you don't owe anymore because it's been discharged in bankruptcy, the statute of limitations has run or you paid the debt. Just like the zombies in the late night scary movies, it's debt that refuses to die.If you have a loan or credit card debt on which the statute of limitations has run and someone's trying to collect it - you have a zombie debt.If you have a debt that has been discharged in bankruptcy that someone is trying to collect - you have a zombie debt.If you paid a debt and someone's trying to collect the debt again - you have a zombie debt.And, if you have…

  • Responsibility for notification of emancipation

    10 Aug 2009 | 12:46 pm
    In Missouri, the parent who receives child support has a responsibility to notify the other parent when a child becomes emancipated. Having just read that, you might think "well, who cares? If I can get my child's father to pay for a few more months, it will be a good thing. And besides, what's he going to do about it?"Well, slow down. He has statutory remedies.If you, as a parent receiving child support, decide to not let the other parent know when an event that terminates child support has occurred, you become liable to the other parent to repay him the amount of the child support that he…
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    Pink Tape

  • OPENNESS OF FAMILY COURTS

    familoo
    19 Nov 2009 | 8:27 am
    Today’s press release from the MoJ in respect of proposed legislative reform to further open up the Family Courts. Hmmm….More on this when I’ve had time to look properly… Posted in stuff

  • Sunday Smorgasbord

    familoo
    15 Nov 2009 | 1:59 pm
    This weekend I am proud to say that I have had time to read THREE whole weekend newspapers. This is not a common occurence. In celebration of these heady heights of leisure I have put together this mishmash of interesting things that I have found: The Times reports that ‘a lawyer was dismissed from her £150,000 a year job after a routine security check revealed taht her DNA was held on the national database, even though she had never been charged with an offence.’ It transpires that this resulted from an arrest arising from an apparent complaint ’from her estranged…

  • CAFCASS Judicial Review

    familoo
    13 Nov 2009 | 8:27 am
    Well, it had to happen sooner or later. I’m only surprised it wasn’t sooner – mutterings about this petered out some months ago on the issue of the President’s interim Guidance on managing the CAFCASS crisis. But now a firm of solicitors acting for a child involved in proceedings have secured public funding to launch a Judicial Review of CAFCASS and the Department for Children Schools & Families which funds it. The Official Solicitor will be taking responsibility for the case, which is now in preparation. As part of that preparation solicitors in the case are…

  • Occupation Orders

    familoo
    9 Nov 2009 | 3:03 pm
    Family Law Week publishes an interesting article this week on the recent case of Grubb v Grubb which concerns an appeal against the granting of an occupation order ousting a husband from the matrimonial home. The article appears here and the transcript here. I am going to take a slightly different slant on that case than the author on FLW, who is critical of the decision of the Court of Appeal to uphold the occupation order and who suggests that the case has significance for occupation order applications without allegations of violence, a significant which he fears is in danger of passing…

  • Lawyers Represented

    familoo
    6 Nov 2009 | 1:51 pm
    I’ve been browsing newspapers and recent judgments this evening (yes, for fun on a Friday night). Lawyers don’t come out of it too well so far: At the bar we have reports of a £34,000,000 discrimination claim by one barrister against three QCs and a senior clerk. In a story that resembles stereotypical ideas and tv drama representations of the bar in too many ways to make comfortable reading for the rest of us in the profession, an Indian born barrister is claiming that her senior clerk and chambers discriminated against her in terms of the allocation of work and recovery of…
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    Maryland Divorce Legal Crier

  • Divorce Vaccine

    admin
    20 Nov 2009 | 12:50 pm
    Mary Astell at Woman’s Day says she only knows a few people with H1N1, but she has a ton of friends who are divorcing, separating or thinking about it. Relationships that seemed rock solid have bitten the dust. How, she wonders, can a marriage be made immune from divorce?  If only there were a divorce vaccine, she says, she would gladly stand in line and roll up her sleeve for a shot.

  • Billion Dollar Divorce

    admin
    18 Nov 2009 | 1:26 pm
    It’s not all that often that Federal prosecutors ask to intervene in your divorce.  But then not every divorce involves billions of dollars owed to the government. According to today’s Washington Post, Walter Forbes, 65, former Chairman of the Cendant Corp. was sentenced in 2007 to serve 12.5 years in prison for accounting fraud in the 1990’s.  In 1999,  Forbes sold the family’s nearly $6 million, 11,000-square-foot New Canaan mansion in New Canaan, Connecticut, to his wife, Caren Forbes for $10.  Although Forbes owes the government and Cendant over $3 billion in…

  • The Divorce Lawyer’s Handbook for Staying Married

    admin
    13 Nov 2009 | 12:05 pm
    CHAPTER FOUR – PLAYING A CUSTOMER GAME If you are not in sales, you may come across the term “customer game” late in life, as I did.  What is a customer game?  It’s when you are playing golf, chess, racketball or some other game with your customer and, although you are better, you let them win. If you are having an argument with them, the customer is always right, even when you know they’re not.  Sometimes you have to play a customer game in an argument and let them win. If you are in business, your customers are crucial to your success. They are how you make your living. …

  • What Is An Uncontested Divorce?

    admin
    12 Nov 2009 | 12:45 pm
    Divorce cases are either contested or uncontested.  If the Answer to the Complaint denies one or more of the statements contained in the Complaint, then you have a contested case. A case is uncontested if you have a comprehensive Separation Agreement, in writing that is signed by both parties.  In other words, to have an uncontested case, you and your spouse must be in agreement on grounds, custody, child support, alimony and property distribution and every other issue in your divorce. Sometimes a client will tell us they have an uncontested case, but when we ask they have no Separation…

  • Testimony of The Corroborating Witness

    admin
    11 Nov 2009 | 10:40 am
    You have to have oral testimony by the plaintiff, in person, and in the courtroom, to obtain a divorce.  Family Law Section 1-203 and Rule 9-209. That testimony has to be corroborated by someone or something other than the parties to the divorce.  Family Law Section 7-101(b).   A marriage certificate can corroborate the marriage.  A notarized written agreement signed before the complaint was filed can corroborate a mutual and voluntary separation.  Family Law Section 1-104. But most of your testimony is corroborated by a witness.  That testimony also has to be oral and in court…
 
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    Fathers' Rights - Not Just Every Other Weekend

  • Fathers Win More Custody Battles

    admin
    18 Nov 2009 | 1:47 pm
    Lisa Belkin of the New York Times Magazine writes that more fathers are getting custody in divorces. “There are now 2.2 million divorced women in the United States who do not have primary physical custody of their children,” she says, “and an estimated 50 percent of fathers who seek such custody in a disputed divorce are granted it.” She attributes some of this to the recession.  More women are being laid off than men, and for the first time in history, women are about to outnumber men in the American workforce. She predicts that the percentage of fathers with primary custody…

  • One In Three Children Loses Touch With Parent After Divorce

    admin
    16 Nov 2009 | 1:04 pm
    Mishcon de Reya, a law firm in London, England, has completed a study in which 2000 parents and 2000 children involved in divorce were interviewed.  According to the London Times, the findings were: one in three children permanently loses touch with a parent, usually the father, after the divorce. one in five parents said that their primary objective during separation was to make the experience as unpleasant as possible for their former spouse. one in five of the children said that they felt used by their parents. One in three of the children said they felt isolated and lonely. Half of…

  • Free Online Visitation Calendar

    admin
    3 Nov 2009 | 10:42 am
    Sometimes it is just easier for co-parents to communicate online with messages and visitation schedules so they don’t get distracted and drawn into arguments. I have seen a few websites devoted to this idea, with visitation calendars and other features for a fee. But today I ran across Cozi which says it is a site for organizing your family life.  It is completely free, totally user-friendly, and has a color coded family calendar, photo upload, list maker, email, journal and more.  I signed up and was able to use it in about five minutes.  While probably designed for the intact…

  • Flu Shots and Joint Custody

    admin
    30 Oct 2009 | 11:59 am
    Parents are rightly concerned about vaccinations for their children to prevent the swine flu (H1N1) or the seasonal flu.  These are medical decisions.  If you have joint legal custody with a co-parent, then vaccination ought to be agreed upon by both parents. “Legal custody” carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child’s life and welfare. “Joint legal custody” means that both parents have an equal voice in…

  • Trick or Treat

    admin
    26 Oct 2009 | 12:05 pm
    Halloween is the most important holiday of the year for many children according to Donna at SingleParentGossip.Com. But children of divorced parents have many questions, like which parent will take me trick or treating? The easiest answer is to look at the Parenting Agreement, but sometimes Halloween is overlooked as a holiday in the vacation schedule.  Then the children are with the parent who has them in the regular weekly schedule.  That means one parent may be left out when it is time to trick or treat. You may be close enough so that the children can trick or treat with each parent. …
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    Rochester Family Lawyer

  • Can Social Abandonment By A Spouse Be Sufficient As Grounds For Divorce?

    alexkorotkin
    21 Nov 2009 | 6:10 pm
    While New York continues to be the last state that insists upon fault-based divorce, that has not stopped various attempts to broaden present grounds for divorce available under the Domestic  Relations Law.  In a recent decision, Davis v. Davis, 2009 N.Y. Slip. Op. 08579 (2nd Dept. 2009), the Appellate Division, Second Department, held that “social abandonment” of one spouse by the other, does not meet the definition of constructive abandonment, and can not be used as grounds for divorce.  This case demonstrates why divorce lawyers and their clients, here in Rochester and…

  • Divorce, Equitable Distribution and Appreciation of Separate Property

    alexkorotkin
    14 Nov 2009 | 5:49 pm
    One issue that comes up periodically in divorce cases has to do with appreciation of separate property brought into the marriage by one spouse.  If that separate property is a business that appreciated during the marriage, did that appreciation come as active spousal effort, which would render the appreciation marital property, or did the appreciation come as a result of passive, non-spousal effort, and therefore should be treated as separate property? In other words, what was the comparable economic contribution of each party to the appreciation of such asset? While the courts do not…

  • Non-Titled Spouse, Enhanced Earnings and Substantial Contribution

    alexkorotkin
    8 Nov 2009 | 8:17 pm
    I have previously written about several issues related to distribution of enhanced earnings during the equitable distribution portion of the divorce action here, here, here and here.  One of the critical issues facing a divorce lawyer, seeking seeking equitable distribution of a portion of such earnings for his/her client, is the burden of proof with respect to the non-titled spouse’s contribution to enhanced earning capacity.  The non-titled spouse seeking a distributive share of enhanced earnings must demonstrate that he/she made a substantial contribution to the titled…

  • Child Support and High Income Non-Custodial Parent

    alexkorotkin
    1 Nov 2009 | 6:52 pm
    I have previously written about various child support issues, here, here, here and here.  While the number of issues is substantial, one situation that comes up periodically, is the one where the non-residential parent earns a substantial income, placing the combined parental income well in excess of the basis economic support under the Child Support Standards Act.  While the income limit for basic economic support under the CSSA is about to increase substantially, what happens in situations where the nonresidential parent earns several hundred thousands dollars or more per year? In a…

  • Enforcement of Child Support Arrears and Chapter 13 Bankruptcy

    alexkorotkin
    25 Oct 2009 | 6:35 pm
    Support Magistrate determined that respondent willfully failed to pay $7,814.90 in child support arrears, and referred matter to Family Court for confirmation. Respondent’s commencement of Chapter 13 bankruptcy stays all actions and proceedings to collect pre-petition claims against debtor and his property. See, 11 USC § 362[a][1]. Although Family Court is precluded from exercising its enforcement powers pursuant to FCA § 454 to recover arrears while Chapter 13 bankruptcy plan is in effect, Family Court finds that it is not prohibited to confirm finding of willful violation already made…
 
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    DIVORCE LAW INDIANA

  • Requesting maintenance (spousal support)

    Waters Tyler Scott Hofmann & Doane, LLC
    20 Nov 2009 | 6:53 am
    In Indiana maintenance is "spousal support" paid by one spouse to another (similiar to alimony in other states). While it is rare for the divorce court to award maintenance, there are circumstances where it may be warranted.You must clearly understand that after your divorce, you and your spouse will not have as high a standard of living as you each had while married, especially if you are both employed at vastly different incomces. However, the courts long ago stated, "The Duchess should not be required to live on the wags of the scullery maid" after a divorce.What was the standard of living…

  • Neutral exchange sites for visitation

    Waters Tyler Scott Hofmann & Doane, LLC
    19 Nov 2009 | 7:48 am
    Many times there is so much anger and conflict between parents, that it is best to exchange the kids for visitation without the parents having any contact whatsoever. If so, you should make the exchange at school, child care, or the homes of a neutral third-party such as a relative or friend.While the Indiana Parenting Time Guidelines recommend the parent taking possession of the child should be responsible for transportation, sometimes circumstances warrant exchanging the child at a neutral site. Such neutral exchange sites will eliminate the tension and conflict in the presence of your…

  • Custody battles: Working mothers vs. stay-at-home dads

    Waters Tyler Scott Hofmann & Doane, LLC
    18 Nov 2009 | 7:36 am
    In Indiana, the Courts are not to favor either the father or mother when awarding custody. But in reality it does not always work that way, especially when the traditional roles of the parents are changing. Here are a couple of articles from Working Mother that give both sides of the story.Are more women facing the impossible choice between keeping a career that pays the bills and living with their children? When it comes to hearbreaking custody wars, people inside and outside the courts say that the growing number of stay-at-home dads and breadwinner moms means more working mothers are…

  • Dividing your property in a divorce

    Waters Tyler Scott Hofmann & Doane, LLC
    18 Nov 2009 | 7:11 am
    Indiana law requires the divorce court to divide marital property in just proportions. In most cases, this will mean equally. The spouse that stayed at home and cared for the house and children is usually deemed to have contributed just as much to the marriage and marital assets as the spouse whose name appears on the weekly paycheck.In order for the court to make an equitable division of your marital property, it must first know what marital property you own.Marital property is defined as all of the property (houses, cars, stocks, cash, etc.) which you and your spouse purchased or obtained…

  • Indiana Family Law Case Update: parenting time credit isn't automatic

    Waters Tyler Scott Hofmann & Doane, LLC
    16 Nov 2009 | 10:29 am
    The Indiana Court of Appeals in Vandenburgh v. Vandeburgh found, among other things, that the parenting time credit on child support is not mandatory just because the child spends the night with the non-custodial parent. Rather, awarding the credit is within the divorce court's discretion.The Court reasoned that the parenting time credit is appropriate if the the non-custodial parent incurs some financial burden for having the child stay the night. If there is no additional financial burden, then the parenting time credit should not be applied. In other words, just because the non-custodial…
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