Family Law

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  • CAN SOCIAL MEDIA SPEECH VIOLATE PROTECTION FROM ABUSE ORDERS

    Pennsylvania Family Law
    Aaron Weems
    6 Jul 2015 | 10:00 am
    I recently wrote a column for The Legal Intelligencier about the Supreme Court’s decision in the Elonis v. United States to overturn Elonis’ criminal conviction and forty-four month prison term for statements he made through social media about his estranged wife, shooting up a kindergarten class, and slicing the throat of an FBI agent who was sent to interview him about his kindergarten class attack statements. Suffice to say, the facts of the case are compelling, but the legal positions taken by the majority, concurring, and dissenting opinions make Elonis an important case to…
  • SUPREME COURT: SAME-SEX MARRIAGE IS LEGAL EVERYWHERE

    Pennsylvania Family Law
    Aaron Weems
    5 Jul 2015 | 1:34 pm
    When the Supreme Court rendered their 5-4 ruling on June 26, 2015 in the same-sex marriage case Obergefell v. Hodges the Court held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex which was lawfully entered into in another state. In doing so, the Court eliminated any ambiguity about the viability and legality of whether a marriage legally entered into in one state would be recognized in another. Closed was the loophole which caused some couples to have their valid marriage…
  • RAPE SURVIVOR CUSTODY BILL ONE STEP CLOSER TO LAW

    Pennsylvania Family Law
    Aaron Weems
    26 Jun 2015 | 6:36 am
    In February we mentioned the introduction of a bill in the Pennsylvania state Senate which would allow the termination of a rapist’s parental rights, but preserve the victim’s (and state’s) ability to seek child support. The bill progressed through the Senate by unanimous vote recently and is now headed to the state House of Representatives for consideration. This was introduced by Republican Senator Randy Vulakovich of the 38th District (Allegheny Co.; Pittsburgh area) and is an important bill to protect the rights and dignity of rape survivors and their children. Though…
  • A DIFFERENT TAKE ON OBERGEFELL

    Pennsylvania Family Law
    Mark Ashton
    13 Jul 2015 | 7:22 am
    I just finished reading my partner Aaron Weems’ analysis on last week’s ruling by the U.S. Supreme Court that gay marriage is an institution meriting the respect of all fifty American states and not merely those which had endorsed the concept through referendum, legislative action or judicial fiat. I use the word “fiat” with some measure because this was the basis for the dissenting opinions of Justices Scalia, Roberts, Thomas and Alito.  Unfortunately, the focus in the press has been on some of the intemperate language used in the dissenting opinions to take on the majority for…
  • What Happens to a Leased Car in a Divorce in South Carolina?

    The Stevens Firm, P.A.
    Ben Stevens
    29 Jul 2015 | 7:15 am
    It’s quite common for families to lease vehicles. Though that can be fine in most circumstances, it can be tricky to handle in the context of a South Carolina divorce case. So, what happens to a leased car in a divorce? Car leases are very hard to alter or transfer, and they can be very expensive to terminate, often incurring huge penalty fees for those trying to get out from under their contract. As a result of the difficulty in transferring or terminating leases, it is very common to have a couple decide to keep a car for the remainder of the lease. If this happens, the parties need to…
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    The Stevens Firm, P.A.

  • What Happens to a Leased Car in a Divorce in South Carolina?

    Ben Stevens
    29 Jul 2015 | 7:15 am
    It’s quite common for families to lease vehicles. Though that can be fine in most circumstances, it can be tricky to handle in the context of a South Carolina divorce case. So, what happens to a leased car in a divorce? Car leases are very hard to alter or transfer, and they can be very expensive to terminate, often incurring huge penalty fees for those trying to get out from under their contract. As a result of the difficulty in transferring or terminating leases, it is very common to have a couple decide to keep a car for the remainder of the lease. If this happens, the parties need to…
  • Children Sent to Jail in Case of Extreme Parental Alienation

    Ben Stevens
    28 Jul 2015 | 5:30 am
    Parental alienation is a serious problem, but usually the alienating parent is the one punished his/her actions. In a troubling case out of Michigan, three young children between the ages of 9 and 14, were each sent to juvenile detention after failing to speak to or have lunch with their father. The judge in the contentious case, Lisa Gorcyca, held all three in contempt of court for violating her direct order that they spend time with their dad. News reports indicate that the trouble began many months ago when the parents, one a prominent engineer with GM and the other a pediatric eye doctor,…
  • Can You Take a New Job to Pay Less Child Support?

    Ben Stevens
    27 Jul 2015 | 5:30 am
    In some South Carolina Family Court cases, resentment can exist between the person paying child support and the person receiving it. The person paying often feel that the amount they are required to pay is too high, especially if they believe that the other party is misusing the money or spending some of the money on him or herself. As a result, the payor often thinks that taking a job that pays less may solve this problem. They believe that even though they’d earn less, their support obligation would fall as well. However, don’t race off to quit your job to pay less child…
  • When Is a Guardian ad Litem Appointed?

    Ben Stevens
    24 Jul 2015 | 5:30 am
    As we’ve discussed before, guardians ad litem (GALs) are individuals (usually lawyers, but not always) appointed by a family court judge to protect a child’s interests in a legal matter. The GAL exists to provide guidance to judges about the state of affairs in a custody case. GALs act as investigators and reporters in many cases and also have the ability to serve as an advocate for the child, fighting for his or her best interests. Most GALs do a little of both, neutral reporting and investigation with the ability to express an opinion if asked. But when is a Guardian ad Litem…
  • Ben Stevens Wins Prestigious Fastcase 50 Award

    Ben Stevens
    23 Jul 2015 | 5:30 am
    Every year, legal publisher Fastcase publishes the company’s annual list of “Fastcase 50” Award winners. Each year, this list recognizes 50 of “the smartest, most courageous innovators, techies, visionaries and leaders in the law.” The Stevens Firm is thrilled to announce that our Senior Partner, Ben Stevens, was chosen as a member of the Fastcase 50 Class of 2015. In presenting this award, Fastcase cited “Ben’s acumen in the Apple ecosystem has made him a sought-after speaker nationwide, and his blog is a definitive resource for the growing number of lawyers using…
 
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    family law news - Google News

  • Family Law Court bombings: Accused Leonard Warwick allegedly warned wife 'I ... - The Daily Telegraph

    29 Jul 2015 | 9:41 pm
    The Daily TelegraphFamily Law Court bombings: Accused Leonard Warwick allegedly warned wife 'I The Daily TelegraphBombing of the Family Law Court at Parramatta, April 15, 1984. The bomb exploded about 10.25pm, damaging the foyer, blowing out many windows and scattering debris across the street. The pipe bomb was found to be of particular construction including ...Sydney Family Law Court attacks: Leonard Warwick faces accusersThe Australian (blog)Alleged Family Court bomber fronts courtSBSAlleged NSW court bomber fronts court9news.com.auBBC Newsall 19 news articles »
  • Levin College of Law ranked 5th in nation for family law - The Independent Florida Alligator

    29 Jul 2015 | 7:57 pm
    Levin College of Law ranked 5th in nation for family lawThe Independent Florida AlligatorThe UF Levin College of Law was ranked fifth in the nation for its Family Law Program by Law Street Media, an online legal publication. Components such as classes offered, employment statistics, networking opportunities and extracurricular activities
  • Family law court bombings accused, Leonard John Warwick, stays in jail - The Guardian

    29 Jul 2015 | 6:45 pm
    The GuardianFamily law court bombings accused, Leonard John Warwick, stays in jailThe GuardianThe man accused of orchestrating the Sydney family law court bombings in the 1980s will remain behind bars after appearing in court. Leonard John Warwick, 68, was arrested in south-western Sydney, on Wednesday, more than three decades after he ...Leonard John Warwick charged over Family Law Court murders 3 DECADES laterDaily MailFamily Law Court attacks: Police arrest man over 1980s murders and bombingsThe Daily TelegraphFamily Law Court bomber accused due in courtSky News AustraliaSydney…
  • Clark attends 2015 Family Law Conference - Princeton Times Leader

    29 Jul 2015 | 4:03 am
    Clark attends 2015 Family Law ConferencePrinceton Times LeaderDistrict Court Judge Jill Clark, who serves Caldwell, Livingston, Lyon and Trigg counties, recently participated in the 2015 Family Law Conference at the Administrative Office of the Courts in Frankfort. The AOC provided the education program in May and more »
  • Mr Justice Cobb appointed as Family Division Liaison Judge for the North ... - Family Law (registration)

    29 Jul 2015 | 2:34 am
    Mr Justice Cobb appointed as Family Division Liaison Judge for the North Family Law (registration)Sir Stephen was a specialist family law barrister for over 20 years before being appointed to the Bench. Since becoming a QC in 2003, he specialised in the law relating to children. He won the prize for Family Law QC of the Year at Jordan Publishing's
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    Florida Divorce * Child Custody * Domestic Violence Law | Delray Beach Lawyer Janet Langjahr

  • Age at First Marriage and Its Relationship to Risk of Divorce

    Janet Langjahr
    29 Jul 2015 | 7:43 pm
    Everyone knows that marrying too young elevates the risk of divorce. Teens, early twenties. But don’t carry this analysis too far or you may be led astray. It turns out that about thirty is the sweet spot on the curve of first marriage divorce risk. After that, the risk of divorce starts to tick up again, moreso with each passing year. All based on a statistical analysis of demographic collected in the National Survey of Family Growth. Since the survey’s goal was only to capture the data, it doesn’t yield any insights to explain the data. But the statisticians do have some…
  • Just Divorced? Time to Re-Visit That Will, Insurance Policy, Payable-on-Death Account, Etc.

    Janet Langjahr
    28 Jul 2015 | 8:44 pm
    A recent New York Law Journal article dove deep into the subject of the effect of divorce on inheritances under a will or trust made before the divorce. Generally speaking, New York law disregards gifts left to a spouse under the terms of a will where the designated recipient is divorced from the the other spouse after their will is made. The article surveyed several unusual cases with unusual facts, and how current New York law applies. Florida enacted statutes of its own addressing these issues even more recently. With certain exceptions, the Florida statutes similarly disinherit a…
  • What Happens to Divorcing Couple’s Frozen Embryos May Turn on Fertility Clinic’s Waiting Room Consent Form

    Janet Langjahr
    27 Jul 2015 | 9:13 pm
    Husband and Wife get engaged. Their wedding day approaches. Ten days earlier, Wife’s physician informs her that she has cancer and will require treatments that will likely leave her sterile. Husband and Wife decide to harvest some of Wife’s eggs, fertilized with Husband’s sperm, and freeze them for later use. At the clinic, Husband and Wife each sign a clinic form stating that in the event of their divorce, any still-unused embryos would be destroyed. Before any of Husband’s and Wife’s five embryos are used, Husband decides he wants to divorce Wife. Wife, who has…
  • Father Leaves Toddler in a Sandwich Shop and Forgets to Return for Her

    Janet Langjahr
    25 Jul 2015 | 8:41 pm
    New York Husband and Wife have three year old Daughter together. Husband takes Daughter to a sandwich shop one evening, buys her a sandwich and then … leaves her there. Husband, reportedly drunk, promises to return, but never does. Another patron of the shop, a child welfare worker by chance, takes Daughter to a police station. Daughter is temporarily placed into the care of the local child welfare agency. The next day, Husband contacts police regarding his “missing” Daughter. Police then arrest Husband for child abandonment and reckless endangerment. Husband reportedly has been…
  • Timing is Everything: Divorcing One Day After Ten Year Wedding Anniversary, Months After Separation

    Janet Langjahr
    23 Jul 2015 | 8:38 pm
    California celebrity couple announce their impending divorce ten years and one day after wedding, after several months’ separation. That timing sounds a little too coincidental to write off as such. There are several possible explanations behind this timing. One lies in California divorce law, which classifies a marriage of ten years as “long term”. (Not so here in Florida.) A long term marriage typically provides the lesser earning spouse with advantages around alimony and spousal support. It’s also a common marriage length milestone in prenuptial agreements, often escalating…
 
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    Family Law Prof Blog

  • How Cohabitation Affects Alimony Payments

    Family Law
    29 Jul 2015 | 6:00 am
    From The National Law Review: At the conclusion of many divorce proceedings, alimony is calculated by the court to be paid from the supporting spouse to the dependent spouse. The amount of alimony to be paid is calculated based on...
  • Modification to Alimony Due to Retirement

    Family Law
    28 Jul 2015 | 6:00 am
    From The National Law Review: During the course of divorce proceedings, alimony from the supporting spouse to the dependent spouse is typically calculated based on a variety of factors. The income of the two spouses is a critical factor in...
  • Empowering Women

    Family Law
    27 Jul 2015 | 5:20 am
    From the Des Moines Register: When Raha Moharrak’s parents told her it was time for her to marry, she decided she wasn’t a toaster — as in “Ping! It’s ready” — the Saudi Arabian woman told a Drake University audience...
  • Lawyer Who Fostered 29 Kids Helps Hundreds More Find Permanent Homes

    Family Law
    26 Jul 2015 | 6:00 am
    From NBC News: Fostering 29 children is no simple feat, but for a lawyer in Kansas, providing a home for more than two dozen kids over the years was the relatively easy part. He's also helped more than 1,000 kids...
  • New Study Suggests the Perfect Age to Get Married

    Family Law
    25 Jul 2015 | 6:00 am
    From Time: A new study suggests that people should get married between the ages of 28 and 32 if they don’t want to get divorced, at least in the first five years. The study was done by Nick Wolfinger, a...
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    Divorce Discourse

  • Stop the Client Pinging: Project Management for Lawyers

    Lee Rosen
    29 Jul 2015 | 4:30 am
    I wrote “The Client Calls Make Her Miserable” featuring a lawyer tired of all the client calls, e-mails, texts, etc. She hates being “pinged” by her clients most of the day. Guess what? Lawyers aren’t the only people reading the articles posted here. They are read by business owners, mental health professionals, financial professionals, and others. But who knew our clients were reading? Not just my clients, but your clients as well. This comment was quickly posted by someone’s client shortly after the “pinging” article went up. Is she your client? Maybe so. Here’s…
  • Why Aren’t Your Employees Doing It the New Way?

    Lee Rosen
    28 Jul 2015 | 4:30 am
    “I told her that,” he exclaimed. “I told all of them that,” he went on. I could hear the frustration, the exasperation. He was reaching his limit. I saw that as an opportunity to push harder. Could his head actually explode? This was getting interesting. He’s making changes in his law firm. He’s changing to remote work, he’s updating his compensation system, he’s changing his billing model, and that’s not all. He’s targeting a different group of clients, and he’s doing some aggressive marketing to bring those folks in. He’s got a lot going on. It’s…
  • Productivity Is Not the Problem

    Lee Rosen
    27 Jul 2015 | 4:30 am
    A wonderful lawyer e-mailed me: The problem I have with frequent client communication is trying to manage that time commitment along with the 100 e-mails I receive each day, many of which result in tasks that have to be captured somehow and somewhere (I use Outlook tasks, although not very successfully), profiling every e-mail into our document management system, managing the high load of discovery in family law cases, and entering my time into our billing software. This minutiae is on top of a practice area that moves very quickly. My previous litigation practice was nothing like family law…
  • How Understanding Turns Into Revenue

    Lee Rosen
    23 Jul 2015 | 4:30 am
    I sort of love that this happens. I get these upset e-mails from readers who think I’m writing about them. The most recent one said something like, “I wrote to you a few weeks ago seeking your advice about…” He goes on to accuse me, “Since that time, you’ve taken it upon yourself to criticize my website on two occasions…” I wasn’t talking about him or his website. I was talking about lawyers and their websites. There’s usually not that much difference between one lawyer and the next. Nor is there much difference in their websites. I wasn’t talking about him. Of course,…
  • Our Tools for Remote Work

    Lee Rosen
    22 Jul 2015 | 4:30 am
    I started working remotely in 2008 when Barack Obama was running for President. My wife worked in the campaign and was spending crazy hours at the local headquarters. Our two kids, ages 11 and 14 at the time, needed someone around after school and on summer days off to serve as referee. I volunteered and stopped driving to the office. We had pretty decent remote technology capabilities back then. But my being at home resulted in our tweaking our technology because I was unwilling to accept compromises. I wanted my stuff to work well. I didn’t tolerate being disconnected, slowed down, or…
 
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    UPDATES IN MICHIGAN FAMILY LAW

  • Increase in Suicide Among College Students

    Jeanne M. Hannah
    29 Jul 2015 | 9:07 am
    Active Minds Exhibition Have you read recently about the increase in suicide among college students? It's concerning. The photo at the left is a traveling exhibition by Active Minds, an advocacy group. It consists of 1,100 backpacks representing the approximate number of undergraduates who commit suicide each year.
  • Computer-generated Evidence: Part I Hearsay but Admissible under "Catch-All" Exception

    Jeanne M. Hannah
    25 Jul 2015 | 6:26 am
    CDC The Michigan Court of Appeals released an opinion reversing and remanding to the trial court with instructions in a case involving the parents' dispute about whether or not their children should continue to receive vaccinations. Kagen v Kagen, unpublished per curiam opinion of Court of Appeals, issued November 27, 2013 (Docket No.318459). These parents share joint legal custody. Interesting evidentiary holdings arose out of this opinion and also out of the subsequent appeal. Computer generated evidence that is admissible under the catch-all exception to the Rules of Evidence is the topic…
  • Vaccinations | Joint Custody | Kagen Round Two

    Jeanne M. Hannah
    15 Jul 2015 | 10:08 am
    Immunize The Kagen case was before the trial court because Father wanted to have the children vaccinated and Mother opposed. The Court of Appeals remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties’ minor children was in the children’s best interests. The Court of Appeals decisions provide clear guidelines for all parents and their lawyer about what is required when two parents sharing joint legal custody agree about a medical issue such as immunization.
  • Kids and Cars and Summer - Carrie Underwood

    Jeanne M. Hannah
    13 Jul 2015 | 6:34 am
    Kids and Cars sent out a newsletter praising Carried Underwood for her courageous public sharing of her experience when her dog locked the car with her baby inside.
  • Judge Releases Jailed Children, Sends them to Summer Camp

    Jeanne M. Hannah
    11 Jul 2015 | 8:49 am
    Oakland County Family Court Judge Lisa Gorcyca lifted her contempt of court rulings Friday and ordered the release of three Tsimhoni children at the center of a contentious child visitation case. They'll be going to a Jewish summer camp where programs typically run for two weeks.
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    Divorce Law Journal

  • Published Family Law Opinion from Ky Court of Appeals: Termination of Parental Rights and Stepfather Adoption Affirmed

    Diana L. Skaggs
    14 Jul 2015 | 7:06 am
    R.P., JR. V. T. A.C., ET AL. The Trial Court entered an Order terminating Biological Father’s parental rights and granting Stepfather’s Petition for adoption of the minor child. Father appealed arguing that the Trial Court did not make sufficient findings to terminate his parental rights. Termination must be supported by clear and convincing evidence. In this case, the Trial Court found that Biological Father had abandoned the child, had not been involved in the child’s life, had not made efforts to be involved in the child’s life, and had not paid child support for several years. The…
  • Published Family Law Opinion from Ky Supreme Court - Whether a child testifies is in the discretion of the trial court and six hour time limit on trial was reasonable

    Diana L. Skaggs
    15 Jun 2015 | 9:47 am
    ADDISON V. ADDISON After significant ongoing litigation over custody, the Trial Court ordered that custody be transferred to Father and that Mother have supervised visitation. The Court of Appeals reversed because of the arbitrary time limitation at trial. Upon discretionary review the Ky Supreme Court reversed the Court of Appeals and reinstated the trial court’s judgment. Time Limitations As the Trial Court judge was familiar with the case, set the time limit sufficiently in advance of trial, and had significant experience with modification hearings, six hours was a reasonable time…
  • Published Family Law Opinion from Ky Court of Appeals:Burden of proof that child support has been paid rests on obligors

    Diana L. Skaggs
    8 Jun 2015 | 12:00 pm
    SALLEE V. SALLEE The Appellate Court vacated and remanded the Family Court’s denial of a Motion for Contempt for Father’s failure to pay child support. The Family Court incorrectly placed the burden of proof on the Mother/obligee to prove an arrearage was owed. Once the child support obligation is established, the child support obligor, in this case Father, carries the burden of proof. The Family Court also failed to make the findings of fact required by CR 52.01. Digested by Elizabeth M. Howell
  • Published Family Law Opinion from Ky Court of Appeals: Written Findings Required in Domestic Violence Proceedings

    Diana L. Skaggs
    1 Jun 2015 | 11:01 am
    BOONE V. BOONE The mandate for written findings of fact and conclusions of law applies to DVO cases. CR 52.01 and KRS Chapter 403, along with the holding in Keifer, require findings in family law cases be reduced to writing. DVOs affect child custody, therefore they fall within the purview of CR 52.01. In this case, although adequate findings were made orally from the bench, the Appellate Court remands the case to the Trial Court for written findings of fact and conclusions of law. Keifer v. Keifer, 354 S.W.3d 123, 126 (KY. 2011). Digested by Elizabeth M. Howell
  • Ky. S. Ct Published Opinion - writ of prohibition denied to prevent enforcement of order unsealing divorce records

    Diana L. Skaggs
    19 May 2015 | 9:19 am
    DANIEL E. BAILEY, JR. (M.D.) V. HON. ALLAN RAY BERTRAM, JUDGE, MARION CIRCUIT COURT, DIVISION II, ET AL. Parties filing a medical negligence claim against a physician moved to intervene in the doctor’s divorce case solely to unseal portions of the sealed divorce records. The intervening parties claimed the divorce may have impacted the doctor’s treatment of the patients in the malpractice action. The Trial Court granted the motion to intervene and ordered the divorce records to be unsealed. The doctor filed a writ of prohibition against the enforcement of the Trial Court’s Order. The…
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    International Family Law

  • Preventing Child Visits to India

    29 Jul 2015 | 9:49 am
    Jeremy D. MorleyHaving represented numerous clients in international child custody matters concerning India, this author has been accepted on several occasions as an expert on international family law matters concerning India. The author is aware of seven cases in which courts in the United States, Canada and England have refused to allow visits to India because India has no system for returning internationally abducted children.In the first five of these cases this author testified as an expert witness that India was a safe haven for international child abduction and the courts in question…
  • Plight of the Expatriate Spouse

    28 Jul 2015 | 10:06 am
    ByJeremy D. MorleyInternational child relocation applications raise substantially different issues from those raised in domestic relocation cases, whether intrastate or interstate. Unfortunately, the fundamental differences are not often adequately appreciated by lawyers and judges. This is partly because both domestic and international applications are governed by the same legal principles. It is also because, even in today's globalized world, international relocation applications are relatively unusual.A key difference between international and domestic cases concerns the nature of the…
  • GPSOLO Magazine Article: Parental-Tug-Of-War

    27 Jul 2015 | 9:21 am
    ByJeremy D. MorleyInternational family law is expanding as people travel more and spend time with people from different countries. International personal relationships produce an abundance of conflict and litigation. It is hard enough for people to live together when they share a similar background, but it is far harder when they are from different countries, cultures, religions, ethnicities, educational experiences, languages, traditions, and family structures. The resulting pressures may become especially acute when international couples have children and disagree about such matters as…
  • Relocation of Children Under New York Law

    23 Jul 2015 | 12:16 pm
    Under what circumstances may a custodial parent relocate to another state (or country) and take the children? What law applies and how will the Court make this decision? "In reality, cases in which a custodial parent's desire to relocate conflicts with the desire of a noncustodial parent to maximize visitation opportunity are simply too complex to be satisfactorily handled within any mechanical, tiered analysis that prevents or interferes with a simultaneous weighing and comparative analysis of all of the relevant facts and circumstances...We hold that each relocation request must be…
  • How to Win a Hague Convention Child Abduction Case

    22 Jul 2015 | 9:50 am
    For the family law practitioner looking for more information on the Hague Abduction Convention, I recommended that you seek out my book: The Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyer, available for purchase HERE on the ABA's website. There is also a tremendous amount of information on my website regarding Hague matters, including the following article titled "How to Win a Hague Convention Child Abduction Case."  How to Win a Hague Convention Child Abduction…
 
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    Family Lore

  • Actuaries - Buy One, Get One For Free

    29 Jul 2015 | 8:45 am
    Expert pension sharing and offsetting reports are not inexpensive which makes choosing the expert an important part of the instruction process.Lawyers, mediators and clients are sometimes surprised to learn that the provision of pension reports in divorce and dissolution matters is not in itself a regulated activity. Reports may be produced by individuals or firms who are regulated in respect of some or even all their activities, but in fact anyone can style themselves an expert and produce reports on matters such as pension sharing and offsetting.Actuaries are the experts of choice when…
  • The future's bright?

    24 Jul 2015 | 12:00 am
    My posts this week on Marilyn Stowe’s Family Law & Divorce Blog are mostly about the future, which may or may not be bright:Taking advantage - Are some trying to take advantage of the profession's great tradition of doing pro bono work?The end of local justice - As the MoJ proposes yet more court closures.Almost unthinkable - The conclusion reached in the horrendous case A-S (Children).Separating parents may or may not be going to court - Are parents giving up on courts post-LASPO? It all depends upon how you interpret the latest figures from Cafcass.Have a good weekend.
  • The norm, not the exception, for children to shape post-divorce futures

    23 Jul 2015 | 3:06 am
    Jane RobeyWelcoming comments by Family Justice Minister Caroline Dinenage, about making the role of children more prominent in shaping post-divorce settlements, Jane Robey, CEO of National Family Mediation (NFM), the largest provider of family mediation in England & Wales, said:“Children should be at the heart of decisions made in any family, and this shouldn’t change simply because parents decide they can no longer live with each other.“The Minister is moving everyone closer to realising NFM’s long-standing vision that it becomes the norm, not the exception, for children to be…
  • Loadsamoney

    22 Jul 2015 | 8:33 am
    MoJ proposes new round of court fee rises - Law Society Gazette, 22nd July 2015
  • An Easy Guide to Marriage and Relationship Breakdown

    20 Jul 2015 | 2:43 am
    So you have decided to separate. What are the essential legal things you need to know? The following has been provided by Selachii LLP and is intended to be a brief guide.Divorce: The BasicsIf you are married then you may wish to take divorce proceedings, although there are other options, such as entering into a separation agreement with your spouse.There is only one ground for divorce: that the marriage has irretrievably broken down. However, you must prove irretrievable breakdown by showing one of five things:1. That your spouse has committed adultery (usually proved by them admitting…
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    Toronto Family Lawyer Blog

  • Interim Spousal Support

    Andrew Feldstein
    24 Jul 2015 | 10:08 am
    Knowles v. Lindstrom, 2015 ONSC 1408 This case considers the issue of interim spousal support. Background The Applicant, Ms. Knowles, and the Respondent, Mr. Lindstrom, began cohabitating in 2002 and separated in 2012. They had no children together and were never married. Throughout their relationship, the parties divided their time between Ontario and Florida. The Applicant was from Toronto and the Respondent from the U.S. While the parties cohabited, they lived a very extravagant and lavish lifestyle. They travelled primarily by private jet, travelled and shopped extensively, were members…
  • Same-Sex Marriages in the United States and in Canada

    Andrew Feldstein
    17 Jul 2015 | 8:30 am
    Obergefell v. Hodges, 576 U.S. ___ (2015) This case is about same-sex marriage and whether denying same-sex partners the right to marry violates the Fourteenth Amendment to the United States Constitution. The decision of the Supreme Court of the United States will be discussed briefly and compared to Canadian laws on same-sex marriage. Background 14 same-sex couples and two men whose same-sex partners were deceased filed lawsuits against state officials in their home States, claiming that the marriage laws in their State violated the Fourteenth Amendment by: denying them the right to marry or…
  • Parental Alienation and Early Intervention

    Andrew Feldstein
    10 Jul 2015 | 10:16 am
    Ene v. Ene, 2015 ONSC 867 This case considers whether a young child should be temporarily removed from a parent’s care after that parent has engaged in a campaign of alienation against the other parent. Background The parties were married in 1990 and had two daughters, ages fifteen and four. On December 20, 2014 the Mother attempted to access files on the Father’s work computer. When he objected, a dispute ensued and the police were called. No charges were laid. The parties subsequently separated on December 23, 2014. On Christmas Day, the Mother moved out of the family home and took the…
  • Admissibility of Expert Evidence: Westerhof v. Gee Estate, 2015 ONCA 206

    Andrew Feldstein
    3 Jul 2015 | 7:05 am
    This case addresses the admissibility of expert evidence.  Specifically, it considers whether Rule 53.03 of the Rules of Civil Procedure applies to all expert witnesses or only those who are retained for the purpose of preparing for litigation.  This case is relevant for family law proceedings because rule 53.03 is reproduced in Rule 20.1 of the Family Law Rules. Background The Ontario Court of Appeal heard two appeals together regarding the admissibility of expert evidence.  Both cases were civil cases regarding motor vehicle accidents. At the jury trial of Westerhof v Gee Estate, the…
  • Recognition of Foreign Divorces

    Andrew Feldstein
    26 Jun 2015 | 1:06 pm
    Kadri v. Kadri, 2015 ONSC 321 This case addresses whether a divorce under Sharia law should be recognized in Ontario. Background The parties are Sunni Muslims and were married in Lebanon in 1988. They had lived together in various countries throughout their marriage including Canada, France, England, and Lebanon. They have three adult children together. According to the Vital Statistics and Civil Status General Department of the Republic of Lebanon, the Legal Islamic Sunni Court of Bekaa annulled the parties’ marriage in October 2008 and granted a License of Divorce on March 2, 2009. In…
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    Illinois Divorce Lawyer Blog

  • One Man's Story: Parental Alienation

    26 Jul 2015 | 1:42 pm
    This is one person's account of their life as a child victim of parental alienation, and the more positive outcome that arose as an adult.
  • Illinois Divorce: Parental Alienation Issues

    20 Jul 2015 | 5:21 pm
    From an interview with Dr. Amy Baker, PA expert: " I must admit I am a bit disappointed in the comments so far on the WDET website in response to my interview. I hate to see the conversation devolve into a gender war when the research is so clear that both mothers and fathers can be alienators. I would prefer to see attention focused on prevention (education of custody evaluators about differentiating alienation from estrangement, training attorneys in proper handling of these cases, and so forth). There is so much to agree on! See…
  • Illinois Divorce: Parental Alienation

    14 Jul 2015 | 7:30 am
    The case involving the Michigan judge that placed three children in juvenile hall as a punishment and coercive measure has been roundly criticized for using contempt proceedings, in what even the judge agreed is a longstanding Parental Alienation case. From a local Detroit newspaper account: Three Bloomfield Hills kids who refused an order by a judge to go to lunch with their father have been ordered to a juvenile detention facility.The Tsimhoni family was in Oakland County's family court for a hearing on supervised parenting time when Judge Lisa Gorcyca took matters into her own hands. June…
  • Divorce and Stress: The Path to a Less Stressful Divorce

    3 May 2015 | 7:37 pm
    As part of my law practice I am fairly heavily invested in the study of psychological issues in divorce, including issues such as personality disorders and the pathology of parental alienation. Included in my approach to the psychology of divorce is the study of how to make life changes less stressful and how to manage a divorce and custody case with tools to lessen the severe stresses that a contested divorce involves. Reading an article from a prominent psychologist neuroscientist and author, the following observation was made: “The stress of divorce is … equivalent to the stress of…
  • DuPage Divorce: Grandparent Alienation

    27 Apr 2015 | 7:30 am
    I have represented, along with alienated parents, the grandparents that have been kept out of the lives of their grandchildren. For many years, Illinois did not recognize the right of grandparents to assert a petition for Grandparent Visitation. Illinois, however, currently has a Grandparent visitation statute that permits, under certain circumstances, grandparents petitioning a court for the right to have visitation with their grandchildren. Recognizing the seriousness of the issue, leading Parental Alienation expert and author Dr. Amy Baker has written on the issues concerning Grandparent…
 
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    Maryland Family Law

  • Limited scope respresentation

    Heather Sunderman
    14 Jul 2015 | 3:23 pm
    As of July 1, 2015, the Maryland Judiciary developed new rules specifically permitting what is called "limited scope representation." This means that it is possible for attorneys to represent clients for specific tasks in litigation as opposed to full-service. Typically, an attorney would handle all aspects of the litigation, including drafting and filing pleadings, organizing and drafting discovery materials and representing the client at all schedule court appearances. With limited scope, the attorney and the client can agree that the attorney will only be bound to perform certain…
  • Summer is in full swing!

    Heather Sunderman
    23 Jun 2015 | 9:28 am
    At this point, all of the schools in Maryland, Virginia and the District of Columbia are out for summer. If both parents work, you are already familiar with putting together the schedule of camps, babysitters and vacation plans. It can be a delicate balance, and sometimes starting to plan as early as January or February is necessary! However, it is common for parenting plans and custody orders to allow the parties to alternate choosing vacation or camp weeks, for example. April and May are common deadlines for choosing, which can make planning difficult, especially if you don't have the…
  • Divorce tips for women

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

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

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

  • City and Army entered into an agreement...cont

    29 Jul 2015 | 5:12 pm
    The court is also unpersuaded by Army's arguments that "this is essentially a claim for indemnity with defense" and that the defense and breach of contract claims herein are identical and duplicative of those asserted in the underlying Stanley action. In the underlying Stanley action, City asserted a cross-claim against Army for contribution and/or indemnity. Here, the City moves for a declaration that, pursuant to the insurance provision in the contract between the parties, Army has a duty to defend City in the underlying Stanley injury action or alternatively, that Army has breached the…
  • City and Army entered into an agreement...cont

    26 Jul 2015 | 5:07 pm
    During the second renewal period of the Agreement, the infant Joseph Stanley II was placed into care with foster parent Anita Nurse. On June 6, 2006, while in the custody of Ms. Nurse, the infant was injured. On or about August 2006, a Notice of Claim, dated June 20, 2006, was served on the City. On December 7, 2006, a 50(h) hearing was held of plaintiff Joseph Stanley, father and natural guardian of the infant plaintiff. In January 2007, the City and Army were served with a summons and complaint in the Stanley action. On June 21, 2007, five months after it had been served with the summons…
  • City and Army entered into an agreement

    24 Jul 2015 | 2:13 pm
    This action was commenced by the City of New York (City) for a declaration, pursuant to CPLR 3001, that defendant the S Army (Army) has a duty to defend the City in a negligence action currently pending in the Supreme Court of Kings County. That action is entitled Joseph Stanley and Aphrodite Stanley as parents and natural guardians of Infant Plaintiff Joseph Stanley II, and Joseph Stanley and Aphrodite Stanley, Individually, v. City of New York, The S Army of Greater New York and Anita Nurse, (the Stanley action). The City now moves for summary judgment declaring that the Army is obligated…
  • The plaintiffs entered into an agreement with All American Talent

    21 Jul 2015 | 3:49 pm
    A Kings Construction Accident Lawyer said that, in an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiffs in an underlying personal injury action, commenced in the Supreme Court, Kings County, the plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 3, 2010, which denied their motion for summary judgment on the injury complaint. The plaintiffs entered into an agreement with All American Talent (hereinafter All American), whereby All American was to rent the auditorium and three classrooms in the plaintiff Christ the…
  • A Kings Construction Accident Lawyer

    19 Jul 2015 | 2:31 pm
    A Kings Construction Accident Lawyer said that, on June 4, 2008, plaintiff, through its claims examiner, discussed the facts of the claim with the Vice-President. Additionally, he gave a sworn statement to the Company who was retained by plaintiff to investigate the claim. According to his statement: I saw when the woman fall. I was on the sidewalk. I was the only who witnessed the fall. She tripped on the hoses and fell forward on her hands there was no sign of injury and I helped her up. She walked away without asking for an ambulance. About an hour later she came back and asked for my…
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    Dads Divorce » Articles

  • Ashley Madison, Infidelity And Fault-Based Divorce

    Shawn Garrison
    28 Jul 2015 | 9:00 am
    Recently, Ashley Madison, a website dedicated to helping married people cheat, was hacked, putting the personal information of its 37 million users at risk. The scandal has provided a poignant reminder of the prevalence of adultery in our society and is also the latest example of how the rise of the Internet and social media is impacting marriages. It also has led to much speculation about whether there will be a surge in the number of divorces if the information is released. Each state’s grounds for divorce vary, but every state offers some form of no-fault divorce, meaning a couple does…
  • The Judge Calculated My Wife’s Income Incorrectly

    Shawn Garrison
    26 Jul 2015 | 5:00 am
    Question: My ex-wife and her new husband make significantly more money than I do and yet I am still asked to pay more child support than I can afford. What can I do to get these payments modified so they are fair? Answer: While I am not licensed to practice law in your state, I can give some general guidance on this issue. If you believe her income was not correctly calculated or her new spouse’s income was not included, you should file a motion to modify child support. The Judge will likely request that you both bring in your financial documents and the Judge can recalculate child support.
  • Video: Cordell & Cordell News – July 24, 2015

    Shawn Garrison
    24 Jul 2015 | 1:38 pm
    Dads Divorce, sponsor Cordell & Cordell and sister site MensDivorce.com have teamed up to present a series of weekly recap videos to keep you informed on the latest news and top stories. This week, Cordell & Cordell Principal Partner Joe Cordell and Executive Partner/CEO Scott Trout made media appearances to discuss the potential impact the Ashley Madison data breach will have on divorce attorneys.  Ashley Madison is an online dating website with 37 million users that helps married people cheat. Mr. Cordell appeared on the Fox Business Network and explained that the information…
  • Gray Divorce: The Complications Of Divorce After 50

    Shawn Garrison
    23 Jul 2015 | 12:36 pm
    Although the reasons why are unclear, the divorce rate for couples older than 50 has exploded over the last quarter-century. Since the 1980s, the overall divorce rate has steadily declined. However, since 1990, the divorce rate for Americans older than 50 has doubled and more than doubled for those over 65. According to a report from Bowling Green State University, 1 of 4 people experiencing divorce in the U.S. is 50 or older and 1 in 10 is 65 or older. One theory holds that couples are waiting until their children are grown before deciding to split. That way they are able to dodge all the…
  • DadsDivorce LIVE: Marriage & Divorce Rates Through History

    Shawn Garrison
    22 Jul 2015 | 2:25 pm
    Much can be gleaned by studying history. When it comes to marriage and divorce, studying historical data reveals a number of insights regarding the habits of couples and how it relates to other societal factors. Randy Olson — who is a data analysis expert whose work has been featured in the New York Times, Wired, and FiveThirtyEight — recently compiled data on the marriage and divorce rates in the U.S. over the last 144 years by sifting through the CDC’s National Center for Health Statistics database. Olson joined DadsDivorce Live to explain how he collected all this data…
 
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    Alabama Divorce & Family Law Attorney Blog

  • Jake Gyllenhaal Discusses How His Parents’ Divorce Affected Him

    Steven Eversole
    29 Jul 2015 | 7:44 am
    There is no question that when a couple gets divorced, both the process itself and life after divorce can have a major effect on minor children. What may be somewhat more surprising is that even adult children may be emotionally affected when two parents decide to get a divorce. However, that does not always mean the effects will be negative. According to recent article from People, actor Jake Gyllenhaal, best known for his role in Brokeback Mountain and Jarhead, and also star of the upcoming movie Southpaw, discussed how his parents’ divorce allowed him to be more honest with himself.  …
  • Blake Shelton and Miranda Lambert Take to Twitter after Divorce

    Steven Eversole
    23 Jul 2015 | 7:39 am
    Blake Shelton and Miranda Lambert, two of country music’s biggest stars, recently finalized their divorce. While the divorce made big headlines, it seems the now former couple is still making big headlines with the tweets they are continuing to exchange in public, even though they are not longer legally married. According to a recent entertainment news feature from People, the popular couple was married for over 10 years when they decided to file for divorce. While it is not strange to hear about another celebrity couple deciding to file for divorce, their comments on social media are not…
  • Cold Feet Are Normal Before Marriage – So Are Second Thoughts about Divorce

    Steven Eversole
    19 Jul 2015 | 8:47 am
    Getting married is a major life-changing decision. Most people give the issue a lot of though and hope they will have a happy marriage and a marriage that will last their entire lives. However, despite the great amount of thought and planning, second feelings (cold feet) are normal. This does not mean the decision is not correct. According to a recent news article from The Huffington Post, getting cold feet or second feelings before a divorce also is completely normal and doesn’t mean you are about to make the wrong decision. Sometimes, these second thoughts are about getting a divorce…
  • Signs It May Be Time to File for a Divorce

    Steven Eversole
    14 Jul 2015 | 8:46 am
    There are a lot of people in unhappy marriages. Many know they would be better off not in their current marriage but do not know what to do about it and feel trapped. There are a variety of reasons one could feel trapped in a bad marriage. Sometimes, if there are young children, it may seem like it is better to stay married for their sake. Sometimes there are financial concerns that make a person feel trapped in an unhappy marriage. Sometimes people think they need to go to counseling and try to work things out before filing a divorce. In an effort to help unhappy spouses know that the time…
  • Eight Alabama Counties Refuse to Issue Gay Marriage Licenses

    Steven Eversole
    9 Jul 2015 | 8:45 am
    Following the recent case that many considered a landmark decision of the United States Supreme Court, entitled Obergefell v. Hodges, same-sex couples now have a right to marry in all states in the nation, including Alabama. As one could expect, there are some who do not want to go along with new law, even though it is binding, are they are required to follow it based upon the Supremacy Clause of the United States Constitution. As part of an effort to challenge implementation of the law, probate judges in Alabama questioned whether they were required to issue marriage licenses to same-sex…
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    Pennsylvania Family Law

  • Obergefell Fallout

    Mark Ashton
    29 Jul 2015 | 8:12 am
    Last month brought us the decision of the U.S. Supreme Court that same sex marriages need to be recognized. While this is a milestone in its own right, the devil is often in the details. Along the road to the Obergefell decision, states devised different legal mechanisms to permit same sex relationships. These included civil unions and domestic partnerships in addition to same sex marriage. While we now have the guidance that these relationships must be recognized, it is not clear how and when.  A Philadelphia case decided in June illustrates the point. In June 2014, a couple joined by a…
  • A DIFFERENT TAKE ON OBERGEFELL

    Mark Ashton
    13 Jul 2015 | 7:22 am
    I just finished reading my partner Aaron Weems’ analysis on last week’s ruling by the U.S. Supreme Court that gay marriage is an institution meriting the respect of all fifty American states and not merely those which had endorsed the concept through referendum, legislative action or judicial fiat. I use the word “fiat” with some measure because this was the basis for the dissenting opinions of Justices Scalia, Roberts, Thomas and Alito.  Unfortunately, the focus in the press has been on some of the intemperate language used in the dissenting opinions to take on the majority for…
  • CAN SOCIAL MEDIA SPEECH VIOLATE PROTECTION FROM ABUSE ORDERS

    Aaron Weems
    6 Jul 2015 | 10:00 am
    I recently wrote a column for The Legal Intelligencier about the Supreme Court’s decision in the Elonis v. United States to overturn Elonis’ criminal conviction and forty-four month prison term for statements he made through social media about his estranged wife, shooting up a kindergarten class, and slicing the throat of an FBI agent who was sent to interview him about his kindergarten class attack statements. Suffice to say, the facts of the case are compelling, but the legal positions taken by the majority, concurring, and dissenting opinions make Elonis an important case to…
  • SUPREME COURT: SAME-SEX MARRIAGE IS LEGAL EVERYWHERE

    Aaron Weems
    5 Jul 2015 | 1:34 pm
    When the Supreme Court rendered their 5-4 ruling on June 26, 2015 in the same-sex marriage case Obergefell v. Hodges the Court held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex which was lawfully entered into in another state. In doing so, the Court eliminated any ambiguity about the viability and legality of whether a marriage legally entered into in one state would be recognized in another. Closed was the loophole which caused some couples to have their valid marriage…
  • RAPE SURVIVOR CUSTODY BILL ONE STEP CLOSER TO LAW

    Aaron Weems
    26 Jun 2015 | 6:36 am
    In February we mentioned the introduction of a bill in the Pennsylvania state Senate which would allow the termination of a rapist’s parental rights, but preserve the victim’s (and state’s) ability to seek child support. The bill progressed through the Senate by unanimous vote recently and is now headed to the state House of Representatives for consideration. This was introduced by Republican Senator Randy Vulakovich of the 38th District (Allegheny Co.; Pittsburgh area) and is an important bill to protect the rights and dignity of rape survivors and their children. Though…
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    Rochester Family Lawyer

  • New York Legislature Passes New Statute Modifying Temporary and Post-Divorce Spousal Maintenance Formulas

    alexkorotkin
    12 Jul 2015 | 5:02 pm
    On June 24, 2015, the New York State Senate passed Bill A7645-2015 which modified the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June 15th. It is expected to be signed by Governor Cuomo in the near future. The new law’s formulas apply to actions commenced on or after the 120th day after the bill become law (except for the temporary maintenance formulas which apply to actions commenced on or after the 30th day after the bill become law). The new law can not be used as a basis to change existing orders and agreements. The new…
  • Allocation of Child Care Costs in Child Support Cases

    alexkorotkin
    13 Jun 2015 | 6:56 pm
    Under New York law, child support consists of two elements: “basic” child support and the “add-ons.”  Domestic Relations Law §240 (1-b)(c)(4) and Domestic Relations Law §240 (1-b)(c)(6) provide that when a custodial parent is working, seeking work, or is in school or training which will lead to employment, reasonable day care expenses will be allocated in a ratio equal to the each parent’s income to the combined income. The parties occasionally dispute whether child care expenses are reasonable.  Most often, these disputes tend to focus on the cost and need for daycare.
  • Terminating Spousal Support Provisions After Divorce Due to Change In Circumstances

    alexkorotkin
    1 Jun 2015 | 7:37 pm
    In New York, spousal support, also sometimes referred to as “alimony” or “spousal maintenance” can be granted in a divorce case to either spouse by the court pursuant to Domestic Relations Law §236. Alternatively, the parties can agree to a specific amount of maintenance, its duration, and the circumstances under which it will terminate in their settlement agreement. Factors that a judge or the parties will consider in determining spousal support, among others, include: The duration of the marriage and the age and health of both parties; The present and future…
  • Service of Divorce Summons Over Facebook

    alexkorotkin
    10 May 2015 | 7:28 pm
    As the world is changing with emerging technologies, the courts are starting to accept new technologies and social media. In a recent decision, Baidoo v. Blood-Dzraku, 2015 NY Slip Op 25096 (Sup. Ct. New York Co. 2015), the court permitted service of divorce summons over Facebook. In New York State, summons must be served in all divorce cases. In a typical New York divorce case, the defendant must be served with the summons personally and an affidavit of service describing the circumstances of the service must be filed. However, there are frequently circumstances where the party seeking…
  • Enforcement of Payment Obligations Pursuant to Judgment of Divorce

    alexkorotkin
    28 Mar 2015 | 5:15 pm
    One of the issues that occurs in cases where a party is ordered to make spousal maintenance or child support after the judgment of divorce is entered, is that party may fail to make such payments. This brings up a question of what remedy should be utilized under those circumstances. A recent decision of Keller v. Keller, 2015 N.Y. Slip. Op. 02453 (2d Dept. 2015) demonstrates how the court approaches a contempt application based upon payor’s failure to pay child support and related expenses. In Keller, a contempt application was brought after the money judgment for child support went…
 
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    Seattle Divorce Mediation | Whole Mediation | (206) 568-5337

  • Divorce Mediation Dos and Don’ts

    Debra Synovec
    14 Jul 2015 | 9:24 am
    Divorce mediation can only work when both parties are actively participating throughout the entire process. If one side is passive while the other is aggressive, a solution will most likely not be mutually beneficial as it would if both parties are equally expressive. Coming to an agreement is a two-way street, with the help of a neutral third party in mediation. A divorcing couple will have a more successful separation if these three dos and three don’ts are followed: DO speak up. Mediation is the time to lay it all out on the line, to express your concerns and needs so that your issues…
  • Four Styles of Mediation

    Debra Synovec
    10 Jun 2015 | 9:09 am
    There is no set formula when it comes to divorce mediation. Each couple’s circumstances, goals, and issues are different, making the process unique to every situation. I have been mediating for over 25 years and have never seen the same divorce circumstances twice.  A mediator uses their expertise combined with mediation techniques to help each unique couple create a successful plan. Four types of mediation are: Transformative mediation theorizes that the process has the capability to transform and change the individuals involved. This inner transformation is affected by “empowerment”…
  • Dogs and Divorce

    Debra Synovec
    14 May 2015 | 9:15 am
    A divorce affects more than the two people. Everyone knows that divorce impacts families, friends, children, business relationships, neighbors and others. However it’s not always humans who are affected—pets may be an important piece to the divorce puzzle. Mediation helps separating couples reach outcomes based on each individual’s needs, wants, and lifestyle, and can help reach an agreement for custody of pets. When going through a divorce that involves furry companions keep the following in mind: Who owns the pet? If one of you had the dog or cat before you met each other and married,…
  • How To Successfully Parent After A Divorce

    Debra Synovec
    6 Apr 2015 | 6:27 pm
    Divorce is difficult and a divorce becomes even more difficult when children are involved. While separation can be the best option for the individual, it creates conditions within the family that largely affect your kids for the rest of their lives. Divorcees must learn to work together even though they are no longer legally bound to make the transition as easy on the children as possible. Mediation is an effective strategy during the separation process, but is also incredibly helpful after the divorce is finalized. Post-divorce mediation allows parents to discuss child support, logistics,…
  • Post Divorce Mediation

    Debra Synovec
    25 Mar 2015 | 4:35 am
    Divorce is not an end-all situation. Life brings many changes, situations often arise involving your former spouse that will need to be addressed long after the papers have been signed. With all the factors that connect a couple when they are legally married, many issues carry over after the divorce is final. Loose ends can be left untied even after the divorce is final, and new issues often arise between the divorced couple. Mediation is often a helpful approach for couples that have run into issues after their divorce has been finalized. Rather than using litigation that can be time…
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    Fort Lauderdale Divorce Lawyer Blog

  • South Florida Father Wins Paternity Battle Regarding Child Whose Mother Was Married to Another Man

    29 Jul 2015 | 2:13 pm
    In television's daytime soap operas, familial relationship dynamics can be complex, and tracing one's family tree sometimes is... challenging. In the real world, when your child is the product of a non-traditional situation, this can sometimes greatly heighten the hurdles you face when it comes to obtaining and exercising your rights to be a part of your child's life. One father recently obtained some good news when the 4th District Court of Appeal reinstated his paternity order, ruling that the child's mother could not contest that order based upon her having been married to another man at…
  • Florida Wife Commingled Cash Gifts from Mom, Converting Them into Marital Assets

    22 Jul 2015 | 8:56 am
    Some spouses like to joke with their partners by reciting the well-worn humorous phrase, "What's mine is mine and what's yours is ours." Florida law allows spouses to have certain assets that belong to that spouse alone. However, the law creates certain triggers that, if they occur, convert a non-marital asset into a marital one. That's what happened to one Polk County woman, whose $78,000 in cash gifts from her mother were, according to the 2d District Court of Appeal, marital because she commingled that cash in an account that also contained marital funds. Roberta Dravis' mother was very…
  • What You Need to Obtain an Emergency Ex Parte Child Custody Order in Florida

    15 Jul 2015 | 10:03 am
    All aspects of the American legal system, including family law cases, are based on certain basic principles. One of these is due process of law, and one component of due process is that both opposing sides of a case should, with only a few exceptions, have an opportunity to be heard by the court before a ruling is handed down. In family law cases, the need to protect children can create situations in which an ex parte hearing is necessary in the case of an emergency. In one recent Orlando area case, a trial court custody order was overturned by the 5th District Court of Appeal precisely…
  • Groundbreaking US Supreme Court Case Clarifies Status for Same-Sex Couples Seeking to Divorce in Florida

    8 Jul 2015 | 8:35 am
    Earlier this summer, the US Supreme Court ruled on the case of Obergefell v. Hodges. In that decision, the court narrowly ruled that the 14th Amendment recognized a constitutional right to marriage for same-sex couples. As part of this ruling, not only must states issue marriages to same-sex couples seeking to unite in Florida, the state must also legally recognize as valid same-sex marriages and civil unions granted by other states. This requirement that all states recognize all validly issued same-sex marriages provides a degree of clarity when it comes to same-sex divorces, and it resolves…
  • Long-Term Marriages and Permanent Alimony in Florida

    26 Jun 2015 | 8:32 am
    The law regarding alimony contains several nuances. One of these is a statutory rule that says that the amount of evidence a spouse must offer in order to obtain permanent alimony differs based upon how long the couple was married. This rule recently led to the reversal of a Tampa court's decision to deny a wife permanent alimony, since the 2d District Court of Appeal concluded that the lower court denied the wife's permanent alimony request based upon the wrong standard of proof. In Irene and Randy Banks' case, theirs was a long-term marriage, having wedded before NASA launched the first…
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    NJ Family Legal Blog

  • CAN A COURT GRANT A CHILD’S REQUEST TO HUG HER FATHER?

    Eric S. Solotoff
    29 Jul 2015 | 1:27 pm
    Despite my reputation to the contrary, sometimes I am a softy – especially when it comes to children.  Maybe it is due to my own experiences as a child of divorce.  Whatever the reason, I read a case today that was heartbreaking and uplifting at the same time. The case, R.R. v. L.A.C., an unreported (so far because it seems like it was submitted for publication) decision written by Judge D’Alessandro in Hudson County, starts as follows: “This case concerns the Court’s authority to fulfill a Child’s request to hug and see her Father.” When I read that, I have to…
  • GNALL V. GNALL – WHAT STARTED WITH A BANG ENDED WITH A WHIMPER

    Eric S. Solotoff
    29 Jul 2015 | 10:54 am
    As noted yesterday, the long awaited decision in the Gnall case was released today.  Previously, we have blogged about the Gnall v. Gnall case.  In this case, the Appellate Division deemed a 15 year marriage to be “long term” and remanded the matter for consideration of permanent alimony.  This case exploded onto the scene because it seemed to create a bright line that 15 years of marriage merited permanent alimony. However,  this case was decided before the new alimony reform statute had passed.  As I noted on this blog previously, there was a thought that the amendments to the…
  • Gnall v. Gnall Being Decided On 7/29/15

    Eric S. Solotoff
    28 Jul 2015 | 9:02 am
    The long awaited decision in the Gnall case is being released tomorrow (7/29/15).  Previously, we have blogged about the Gnall v. Gnall case.  In this case, the Appellate Division deemed a 15 year marriage to be “long term” and remanded the matter for consideration of permanent alimony. I was fortunate to be one of the authors of the amicus brief filed by the New Jersey Chapter of the American Academy of Matrimonial Lawyers (AAML).  Interestingly, when we filed the brief, it was before the new alimony reform statute had passed.  While the amendments to the alimony statute might render…
  • MARRY HER ANYWAY? NO MATTER WHAT THEY SAY? WELL, IT MAY END IN ANNULMENT ANYWAY

    Eliana Baer
    28 Jul 2015 | 6:17 am
    Romeo and Juliet, Sir Lancelot and Guinevere, Katniss Everdeen and Peeta Mellark – for some of these star-crossed lovers, their journeys ended with hemlock, in exile, or…well…no spoilers.  For Easton and Mercer, their romance ended with an annulment on the grounds of equitable fraud in a lengthy decision delivered by Judge Jones in Ocean County New Jersey in Easton v. Mercer. The union between Easton and Mercer began like many others.  The parties met in 2008 as young twenty-somethings, and began a dating relationship that lasted 2 years.  At the time, each were still living in…
  • ‘Cause Baby, Now We’ve Got Bad Blood…

    Robert A. Epstein
    28 Jul 2015 | 6:10 am
    With finger pointing, unsolvable problems, sad thoughts about the good times, and, most eloquently, “No I don’t fear no more, better yet respect ain’t quite sincere no more,” it is as if Taylor Swift’s latest hit was born for this blog.  Does it always, though, have to be about “Bad Blood” or will it ever get to the point that you can just “Shake it Off” (forgive me Sir Paul)? Readers of this blog know that I regularly discuss how the emotionally charged world of family law can only be made more so when two parties refuse to work with…
 
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    Lewis Kannegieter Law, Ltd. » » Blog

  • Before Sending Your Baby To College

    JRLK
    28 Jul 2015 | 5:59 am
    You just unloaded a chair made from bungee cords and a hot pink, fuzzy footstool from what seems like your millionth trip to Target. You have a highly-strung high school graduate rooting through a pile of Sharpie markers, notebooks, phone cases, and packages of Ramen noodles. You’re staring at the roommate notification that arrived today, crossing your fingers your college-bound offspring isn’t bunking with someone who bites their toe nails at 3 a.m. The last thing on your mind right now is creating a Health Care Directive for your child, who, from all indications, is perfectly healthy,…
  • ICE – In Case of Emergency

    JRLK
    30 Jun 2015 | 6:23 am
    You’ve heard the buzz about having a contact labeled “ICE” in your phone, just in case of that car crash where someone needs to be contacted, pronto. What about further identification for medical personnel? Sure, they have your driver’s license…did you ever change that address when you moved? And they could probably find your auto insurance in the glove box…if you printed out a new one. How about your medical insurance card or Health Care Directive? By carrying “In Case of Emergency” information at all times, you can avoid issues that may arise during an emergency…
  • Should you consider a prenuptial agreement?

    JRLK
    16 Jun 2015 | 6:16 am
    Getting married is an exciting life event.  But in today’s society with a rise in blended families, later in life marriages, and high divorce rates, more couples are choosing to protect their futures with a prenuptial (antenuptial) agreement. A prenuptial (before the marriage) agreement can determine spousal rights to property in the event of death or divorce.  Commonly thought to be only for the rich and famous, prenuptial and postnuptial agreements can be an essential planning tool for those with significant property or children from other relationships.  Having a well-drafted…
  • 7 Reasons To Hire An Attorney For Your Uncontested Divorce

    JRLK
    2 Jun 2015 | 6:23 am
    A common misconception is that a divorce attorney is only needed when there are disagreements between the spouses. But when there is a complete agreement on all divorce issues many couples think a divorce attorney is an unnecessary expense. Instead they get free forms from the court, pay for forms over the Internet, or even hire a paralegal or other non-lawyer to draft the forms for them.  Unfortunately going without a lawyer can create a complicated mess that you may not be able to fix.  With my years of family law experience I have heard all the stories of “uncontested divorces gone…
  • 3 Legal Documents Every Graduating Senior Needs to Ensure Parents Can Act On Their Behalf In An Emergency

    JRLK
    19 May 2015 | 6:41 am
    It’s graduation time, which means your “baby” is all grown up and preparing to head out into the real world.  But before your son or daughter packs up for summer vacation or even their first semester of college, I want you to think about what it means having a child who is an “adult” in the eyes of the law. From a legal standpoint, I can tell you that it means you’ll now need written permission to make important medical or financial decisions on his or her behalf. For example, if your daughter is having a problem registering for fall classes because she she’s missing medical…
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    Colorado Springs Divorce Attorney Blog

  • Common Law Marriage – OMG, My BFF Is My Spouse!

    Gasper Law Group
    22 Jul 2015 | 1:30 pm
    By Natalie R. Mitchell Attorney at Law The Gasper Law Group, PLLC According to the Colorado Attorney General’s Website, the common-law elements of a valid marriage are that the couple is free to contract a valid ceremonial marriage, i.e., neither party is already married to someone else; holds themselves out as husband and wife; consents to the marriage; lives together; and has the reputation in the community as being married. To form a common law marriage parties must cohabit as husband and wife and claim to be husband and wife. There is no length of cohabitation required for a couple to…
  • Relocating with a Minor Child

    Gasper Law Group
    16 Jul 2015 | 2:32 pm
    Yes, moving can be exciting, but how is it affected by Divorce? By Christopher M. Nicolaysen Staff Attorney The Gasper Law Group, PLLC In today’s transient society, parents that have been divorced in Colorado will often move out of this state and seek to take their child or children with them. The relocation of a party out of the State of Colorado can impact the amount of parenting time both parties will have with their minor child(ren). In Colorado, relocation of a minor child(ren) is controlled by statute and case law. Pursuant to C.R.S. § 14-10-129, when the parent with whom the minor…
  • Military Pension: Remember the Military Recruits Families

    Gasper Law Group
    15 Jul 2015 | 6:40 am
    By Gretchen A. Bundy-Ladowicz Staff Attorney and Former JAG Attorney The Gasper Law Group, PLLC There seems to be a great deal of confusion, misinformation, and basic ignorance on the topic of the divisibility of a military pension in a dissolution proceeding. The short answer is that, yes, a military pension is marital property that is subject to division in a divorce proceeding. That being said, as is the case so frequently in the law, things are never as simple as the short answer. The cornerstone statute addressing the division of military pension is the Uniformed Services Former…
  • COMMON LAW MARRIAGE: YOU DIDN’T OFFICIALLY SAY “I DO”, BUT DID YOU?

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

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

  • Special Guardianship Consultation

    familoo
    18 Jul 2015 | 2:44 pm
    The Department of Education has just issued a consultation on Special Guardianship orders. I’m particularly interested in the question about Special Guardianship Assessments, which are often carried out in care proceedings by a separate team in a silo without any reference to the other options for the child. SGO assessments which attempt to stand alone and are not properly incorporated into the broader “realistic options” analysis of a LA lead to linear thinking and erroneous discounting of grandparents. The consultation closes on 18 September. You can read the consultation…
  • The great legal aid caper

    familoo
    16 Jul 2015 | 2:53 pm
    Today has been rangy. From the moral categorisation via twitter of assorted freakish foodstuffs, prompted by my uncompromisingly rod-like breakfast fruit (should you not already be cognisant of it be warned that capers, black olives, celery, cucumber, and gherkins are ALL EVIL); to the untangling of a spaghetti mountain of loose ends and tangles at Swindon Family Court using nothing but a handful of mobile phones and my best polite smile; to the eye-gougingly dull task of trying to sort out my accounts; to serious talk of perjury; to “fantastic public service blogging”…
  • All quiet on the Western Circuit

    familoo
    14 Jul 2015 | 2:45 pm
    There have been a few tumbleweeds around here of late, like a deserted Wild West Main Street. I am still alive (just). In the absence of either time or energy to write a scintillating blog post may I introduce you to Justice Lamb (that’s Mister to you), the coolest of the Shaun the Sheep currently gracing (grazing?) the streets of Bristol. Personally, I think that my name of choice, “Mr Justice Ramsbottom”, would have been more popular with the Minions generation, whilst Kathryn Skellorn QC’s “Herbaceous Corpus” would have won the prize for best legal…
  • When journalists ignore source material it is public debate which pays the price

    familoo
    23 Jun 2015 | 11:53 am
    This is re-posted from a post I wrote on the Transparency Project blog here. Christopher Booker wrote about the case of Ethan Williams in The Telegraph this weekend, in an article entitled : When judges defy instinct, it is children who pay the price – We were presented with two flatly opposing views of the story of Rebecca Minnock, who went on the run with her son. You can read the background to this case in our blog post here : The Missing Mum Case. Most lawyers would be surprised to read a headline that suggested it is somehow wrong for judges not to rely on instinct. We…
  • A short rant….and….breathe!

    familoo
    22 Jun 2015 | 2:57 pm
    This has been brewing for some time. I need to get it off my chest because it is impeding the drawing of a breath of fresh air, like a particularly difficult phlegm bomb (sorry, that is disgusting but it does rather convey the unhealthy and rather unpleasant irritant to my wellbeing that this has become). The Family Court is variously criticised for – relying on instinct / preconceptions / stereotyped gender based assumptions* about childrens needs (court is biased in favour of mothers / against fathers) not relying on instinct / preconceptions / stereotyped gender based assumptions…
 
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    Maryland Divorce Legal Crier

  • Can Alimony Be Longer Than The Marriage?

    James J. Gross
    29 Jul 2015 | 8:36 am
    Dr. Murray Malin, an anesthesiologist, was 38 when he met Marcie Minenberg, 27. She went to law school but did not pass the bar exam and was working in a jewelry store. They wed, had one child, and divorced in Maryland after three years of marriage. At the time of trial, Murray had stopped practicing as a doctor due to a drug addiction. The trial court awarded Marcie alimony of $3,500 a month, non-taxable to her, for five years. Murray appealed arguing that (1) the court could not award alimony that was non-taxable and (2) the court could not award alimony for longer than the marriage. The…
  • Country Stars Divorce

    James J. Gross
    24 Jul 2015 | 10:46 am
    Country music stars Blake Shelton, 39, and Miranda Lambert, 31, announced their divorce this week after four years of marriage. This was not like your mama’s broken heart.  There were rumors of cheating, denied by both. The tabloids said Blake was mixed up with another woman.  I imagine her lips tasted like Sangria. But rumors also surfaced that Miranda was involved with country singer Chris Young. Young said “Aw naw, to another I will be true.”
  • Clean Desk or Messy Desk

    James J. Gross
    13 Jul 2015 | 11:39 am
    I was in another lawyer’s office the other day. There was not a single file nor paper in sight. Her desk was gleamingly naked save for a cup with pencils in it. The pencils were point up and freshly sharpened to exactly the same height. On the sidebar (yes, she had a sidebar), there were bottles of water on a tray with a glass pitcher full of crystal ice cubes. The coffee cups had the firm logo imprinted on them. I had the feeling if I looked closely enough, the ice cubes would too. A clean desk indicates its owner has an organized mind and a disciplined approach to cases. After all, the…
  • Children Jailed by Michigan Judge for Refusal to Visit Dad

    James J. Gross
    10 Jul 2015 | 8:43 am
    The cases where the children refuse to visit a parent are among the most frustrating for parents, divorce lawyers, judges and therapists. I’ve seen judges order months of reconciliation therapy. I’ve had one judge tell me, “I can’t send a crane to pickup the child and one house and drop them off at the other house.” Another judge said “A 15 year old can go almost anywhere they want on their own. A 15 year old can go to the bus station and buy a ticket.” None of these solutions are usually very satisfying to either parent. Now one judge in Michigan has come up with a different…
  • US Supreme Court Legalizes Same Sex Marriage

    James J. Gross
    26 Jun 2015 | 8:52 am
    The U.S. Supreme Court handed down a 5-4 decision today legalizing same-sex marriage nationwide. The decision was written by Justice Anthony Kennedy, who says in the last paragraph: No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage.
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    Family Law Source by Brian Vertz

  • Do you need a prenup to deal with frozen eggs?

    Brian Vertz
    23 Jul 2015 | 9:51 am
    Women who are contemplating IVF, ZIFT, surrogacy and other alternative reproductive techniques (ART), and their parenting partners, should seriously contemplate their need for a pre- or post-nuptial agreement or cohabitation agreement, in order to determine how the frozen embryos will be used, stored or disposed in the event of a divorce or breakup.  In vitro fertilization […]
  • Corporate Successor Not Marital Property Following Post-Sep Business Failure

    Brian Vertz
    20 Jul 2015 | 7:34 am
    There is often suspicion when a business that would be marital property fails shortly after marital separation, particularly if the owner spouse subsequently starts a new business.  This is the situation that the Superior Court addressed in its recent opinion, Weisman v. Weisman, Nos. 1471 EDA 2014 (July 14, 2015), a non-precedential decision. Husband was the founder […]
  • Same-Sex Couples Need Prenups before Marriage

    Brian Vertz
    15 Jul 2015 | 7:15 am
    Same-sex couples who are getting married after spending many years in committed relationships may need prenuptial agreements even more than new couples who are just starting out.  That’s the conclusion I’ve reached after contemplating the ramifications of the U.S. Supreme Court’s recent decision in Obergefell v. Hodges, ___ U.S. ____ (June 26, 2015). In Obergefell, the U.S. […]
  • Emotional Connection Does Not Guarantee Award of Marital Residence

    Brian Vertz
    23 Jun 2015 | 2:12 pm
    According to the old saying, “possession is nine-tenths of the law.” Perhaps that’s true in some context, but in a Pennsylvania divorce decision that was recently published by the Superior Court, possession of a marital home during separation did not dictate the outcome.  In Markle v. Markle, No. 968 WDA 2014 (June 22, 2015)(non-precedential), the marital […]
  • Market Risk in Dividing Retirement Assets upon Divorce

    Brian Vertz
    14 Jun 2015 | 12:54 pm
    Divorcing spouses in Pennsylvania might be well-advised to consider the risks associated with various retirement vehicles, as they decide which assets to retain or divide in equitable distribution.  A recent non-precedential decision of the Superior Court, Wyatt v. Wyatt (No. 1228 MDA 2013, June 11, 2015), illustrates this point. In Wyatt, one of the spouses […]
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    Ontario Family Law Blog

  • Are you struggling to communicate with your ex about parenting issues?

    Brian Galbraith
    29 Jul 2015 | 10:06 am
    By Toni Nieuwhof It is common for parents to experience difficulties communicating with the other parent about their children, post-separation. Inflamed emotions, shock, denial and grief over the separation may be interfering with your ability to make day-to-day parenting plans involving scheduling, children’s health issues or behavioural concerns. Here are a couple of strategies that may reduce the tension and allow you to have more peaceful and productive conversations with your ex: 1 – Respond to hostile emails or texts using the “B.I.F.F.” method, recommended by…
  • Complaints Against The Children's Aid Society

    Brian Galbraith
    3 Jul 2015 | 8:47 am
    By Lynn Kirwin Nobody listens to me! If my grandchild needs protection, why won’t the Ontario Association of Children’s Aid Societies (the Society) do something?  The biological mother and father hold greater rights than grandparents in child protection laws or custody/access disputes.  As a grandparent, (unless you also qualify as a parent) you are entitled to be informed of the reasons for a decision made by the Society, but you are not entitled to have a voice in decisions made by the Society about your grandchild.  Complaints against the Society and the right to…
  • Travelling with the kids? Get consent!

    Brian Galbraith
    26 Jun 2015 | 10:18 am
    By Thea Cameron. Planning a trip across the Canadian border with the kids this summer without the other parent?  You need a notarized travel consent! If you are separated, trips without the other parent are the new normal. There is nothing worse than being stopped at the border with your kids in tow because you don’t have the right paper work. Your holiday could end before it starts. Here’s what to include: 1.      Full names and birth dates of each parent and each child.  2.      Specific dates for travel and mode of…
  • Separation Agreements - An Investment In Yourself

    Brian Galbraith
    11 May 2015 | 7:08 am
    By Anna Preston It is no secret to anyone involved in the legal industry that family court is an expensive method to resolve the issues arising from separation. Frankly, it can hemorrhage a family financially.  One way to avoid huge court costs is to engage in the negotiation of a separation agreement.  This enables you to keep your dispute private, and out of court.  While some believe they can draft their own agreement, it is not always wise to do so.  If a dispute arises in future about the terms of your home made agreement, the courts may toss your agreement aside,…
  • Kids and Divorce

    Brian Galbraith
    13 Apr 2015 | 10:05 am
      By Toni Nieuwhof You may have come to the point where you admit to yourself that your marriage is over. You haven't admitted it to anyone else because you were trying to make it work for the sake of your kids. But despite your best efforts to make the marriage work, the conflict between you is unbearable.   So, how do you separate in a way that protects your kids? You worry that your marital conflict is starting to affect not only your relationships with them, but also their behavior at home and at school.  What can you do to help them?   According to the Canadian…
 
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    Dads Divorce

  • DadsDivorce Live: An Online Program For Children Of Divorce

    Shawn Garrison
    29 Jul 2015 | 12:52 pm
    When parents decide to divorce, it thrusts their children into a frightening, stressful world. They are inevitably faced with situations and emotions that can be difficult to understand and reconcile. Jesse Boring understands this because he watched his parents separate when he was a child. As part of his dissertation at Arizona State University’s Prevention Research Center, Boring created an online program called “Children of Divorce – Coping with Divorce” that equips children with coping strategies to handle those emotional stressors. Boring recently joined…
  • Ashley Madison, Infidelity And Fault-Based Divorce

    Shawn Garrison
    28 Jul 2015 | 9:00 am
    Recently, Ashley Madison, a website dedicated to helping married people cheat, was hacked, putting the personal information of its 37 million users at risk. The scandal has provided a poignant reminder of the prevalence of adultery in our society and is also the latest example of how the rise of the Internet and social media is impacting marriages. It also has led to much speculation about whether there will be a surge in the number of divorces if the information is released. Each state’s grounds for divorce vary, but every state offers some form of no-fault divorce, meaning a couple does…
  • The Judge Calculated My Wife’s Income Incorrectly

    Shawn Garrison
    26 Jul 2015 | 5:00 am
    Question: My ex-wife and her new husband make significantly more money than I do and yet I am still asked to pay more child support than I can afford. What can I do to get these payments modified so they are fair? Answer: While I am not licensed to practice law in your state, I can give some general guidance on this issue. If you believe her income was not correctly calculated or her new spouse’s income was not included, you should file a motion to modify child support. The Judge will likely request that you both bring in your financial documents and the Judge can recalculate child support.
  • Video: Cordell & Cordell News – July 24, 2015

    Shawn Garrison
    24 Jul 2015 | 1:38 pm
    Dads Divorce, sponsor Cordell & Cordell and sister site MensDivorce.com have teamed up to present a series of weekly recap videos to keep you informed on the latest news and top stories. This week, Cordell & Cordell Principal Partner Joe Cordell and Executive Partner/CEO Scott Trout made media appearances to discuss the potential impact the Ashley Madison data breach will have on divorce attorneys.  Ashley Madison is an online dating website with 37 million users that helps married people cheat. Mr. Cordell appeared on the Fox Business Network and explained that the information…
  • Gray Divorce: The Complications Of Divorce After 50

    Shawn Garrison
    23 Jul 2015 | 12:36 pm
    Although the reasons why are unclear, the divorce rate for couples older than 50 has exploded over the last quarter-century. Since the 1980s, the overall divorce rate has steadily declined. However, since 1990, the divorce rate for Americans older than 50 has doubled and more than doubled for those over 65. According to a report from Bowling Green State University, 1 of 4 people experiencing divorce in the U.S. is 50 or older and 1 in 10 is 65 or older. One theory holds that couples are waiting until their children are grown before deciding to split. That way they are able to dodge all the…
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    Marilyn Stowe Blog

  • Children ‘should be able to delete their online past’

    Stowe Family Law Web Team
    29 Jul 2015 | 10:00 pm
    Children should have the power to delete online photos and information about them, a new campaign urges. Backed by Minister for Internet Safety and Security Baroness Shields, the ‘iRights’ campaign “seeks to make the digital world a more transparent and empowering place for children and young people”. The measures proposed include an “unqualified right” for people under 18 years old to edit or remove any content they have posted online and for the process to be easy and straightforward. This seeks to address “errors of judgment, unhappy experiences and attitudes that were the…
  • Vulnerable Northern Ireland mother loses care battle

    Stowe Family Law Web Team
    29 Jul 2015 | 10:00 am
    The High Court of Justice in Northern Ireland has rejected a mother’s bid to have her two year-old daughter returned to her care. The mother suffered from a mental illness called Dissociative Identity Disorder (DID). Triggered by “severe recurrent childhood trauma” and sexual abuse, “her mind has shattered into fragmented states or personalities”. Additionally, she does not always remember what she has done after ‘switching’ between them. According to experts on the condition, some of those who have DID are eventually able to “revert to a single personality”, whereas others…
  • Singapore stats say marriage is up and divorce is down

    Stowe Family Law Web Team
    29 Jul 2015 | 9:00 am
    Marriage is on the rise in Singapore and divorce is declining according to new statistics just released by the government’s department of statistics. The agency’s annual report indicated that 28,407 marriages were officially registered last year, which is a rise of 8.2 per cent year on year. At the same time 7,307 marriages ended through divorce or annulment. That’s 2.9 per cent lower than 2013 figures. Marriages in Singapore are divided into two categories – civil marriages and Muslim marriages. Government statistics and trends are broken down for both categories. Figures show that…
  • Father liable for child support despite not paying UK tax by John Bolch

    John Bolch
    29 Jul 2015 | 8:25 am
    No one who has ever been foolish enough to venture into the murky world of child support maintenance could avoid becoming entangled in the thicket of regulations governing this arcane area of law. It is no surprise, therefore, that even those involved in the child support system can get things wrong sometimes. So it was in the case CH v (1) Secretary of State for Work and Pensions, (2) DN (CSM) (Child support : maintenance assessments/calculations), which concerned the issue of whether a non-resident parent (NRP) who lives in England but does not pay UK tax should be liable to pay child…
  • Heiress awarded £3.6m repayment from late ex-husband

    Stowe Family Law Web Team
    29 Jul 2015 | 4:04 am
    A “fabulously wealthy” heiress is to be repaid £3.6million from the estate of her ex-husband who committed suicide. The couple met in 1995 and married two years later. They lived together on a £30million estate and had three children. Their marriage eventually broke down and they divorced in 2014. Following their divorce, the husband was awarded £17.3million, however he committed suicide less than a month after the decision was made. Between the couple’s divorce and the husband’s death, he made a new will. In it, he left his entire estate to his adult brothers and nothing to his…
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    Divorce Attorney in Chicago

  • How Does Divorce Impact Debt?

    MICHAEL C CRAVEN
    23 Jul 2015 | 9:32 am
    Understanding how divorce impacts your life can, in general, be difficult and complex. Many people worry about how divorce will impact their assets. Specifically, parties often wonder what will happen to their bank accounts, pensions, and stocks, or they wonder who will get to keep the car or the house. However, depending on the parties’ finances and spending behavior, a bigger question is often: what happens to the debt?   Marital Property and Debt Illinois law requires that property in a divorce be divided equitably, and the first step towards doing that division is determining what…
  • How Does Joint Custody work?

    MICHAEL C CRAVEN
    14 Jul 2015 | 8:38 am
      When parents divorce, one question often rises above the rest: who will get the kids?  The answer to that question is not a simple one, particularly with the increase in attention on joint custody determinations. When considering child custody arrangements, if joint custody is on the table, the question then becomes: what does that look like?   Sole Custody vs. Joint Custody   According to Illinois Law, custody decisions are made based on the best interest of the child. Determining the best interest of the child involves considering relevant factors, including those…
  • “Til Death (Or Divorce) Do Us Part”

    MICHAEL C CRAVEN
    18 Jun 2015 | 3:32 pm
      Due to the diverse issues covered in a divorce case, divorce lawyers must have intimate knowledge of the statutes and cases governing not only family law, but also many other areas of the law. As a result, family law extends well beyond just family law.   One area that requires more advanced knowledge is estate planning; and as a Chicago family law attorney, I recommend that my clients review their estate plan preceding and following a divorce.   Power of Attorney for Health Care   In Illinois, a power of attorney is a legal document that allows you to designate a person…
  • A Better Divorce Is Possible When Chicago Divorce Lawyers Use Mediation

    MICHAEL C CRAVEN
    20 May 2015 | 7:16 am
    Dissolving a marriage takes time; it is a process that may be equal to the time and effort it took to build the relationship once upon a time. Couples often find themselves in drawn out battles in the courtroom, costing each party a hefty total. Emotionally, the courtroom can become a source of distress and heartache for the divorcing parties. Rather than see the case through in a courtroom, many divorcing couples and their divorce lawyers in Chicago find success with mediation.   Mediation As An Alternative To Court Mediation is an alternative process to litigation and a trial. Instead,…
  • Does Your Religion Recognize Divorce?

    MICHAEL C CRAVEN
    5 May 2015 | 6:05 am
    The United States constitution mandates that there be separation between church and state. In the U.S., a divorce is considered a civil, non-religious matter and once a judge signs the final divorce papers, a couple is considered divorced. However, divorce documents may not be sufficient in the eyes of certain religions. Even if you do not consider yourself to be particularly religious, it is important to know and understand the difference between a religious and civil divorce. This blog post will highlight how the Catholic and Jewish religions view divorce. Judaism In Judaism, a man and…
 
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    Scaling the Summit: Divorce, Families, & Options

  • Are Divorce Lawyers regularly violating the Civility Guidelines?

    24 Jul 2015 | 9:59 am
    At a recent event celebrating the 15th Anniversary of the Massachusetts Collaborative Law Council, one of it's founders, Rita Pollak, spoke about her reasons for joining the Collaborative Law movement.  Among those reasons was a recognition that the practice of family law in the courts was becoming less civil, and more hostile.  This is a sentiment that I have heard echoed by many, and have experienced myself.   Too many of the lawyers who handle family law cases fail to understand the importance of civility, and act without thinking about the true impact of their actions.
  • Parenting Time, not Visitation

    20 Jul 2015 | 11:06 am
    As of July 15, 2015, the Massachusetts Family Court's website and forms have been updated to use the term "parenting time" in lieu of the outdated term "visitation."  Chief Justice Angela Ordoñez has made this long overdue change recognizing the national trend away from the pejorative term "visitation", which implies that one parent has less of a role than the other. This was simply the right thing to do and we applaud the move.
  • Collaborative Law Training with Justin Kelsey

    2 Jul 2015 | 6:47 am
    Currently, four of the attorneys at Skylark Law & Mediation are trained in Collaborative Law, an out-of-court dispute resolution process.  The Collaborative Law process may be used to resolve conflict in all types of matters, including family, business, and probate disputes.  The Collaborative Law training is an excellent opportunity to add valuable skills to your conflict resolution toolbox. Justin Kelsey, the owner of Skylark Law & Mediation, PC, will be one of the trainers at the upcoming 2015 Introductory Collaborative Training presented by the Massachusetts…
  • Divorce Mediation Training with Justin Kelsey

    2 Jul 2015 | 6:37 am
    At Skylark Law & Mediation, PC all of our attorneys and staff are trained mediators.  Even for those who do not mediate, the skills involved in mediation training assist in all forms of conflict resolution and negotiation.  If you are interested in learning more, check out the upcoming Family Law Mediation Workshop 2015 - offered by Massachusetts Continuing Legal Education. Justin Kelsey, the owner of Skylark Law & Mediation, PC and an MCFM Certified Mediator will be one of the trainers on the first day. For more information or to register click here.
  • Top 6 Out-Of-Office E-mail Notices

    2 Jul 2015 | 5:45 am
    Getting an out-of-office auto-reply to an e-mail you send can be frustrating, especially when you were hoping for a quick response to your inquiry.  However, they are a necessary evil in a world where everyone expects instant replies to electronic communications, at least for those of us who still intend to take vacations from the office. I expect that my colleagues or clients will feel some disappointment when they get that immediate reply to their e-mail only to discover it's not a real reply but rather a notice that I won't be available for the next few days.  About two years ago…
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    Lawdiva's Blog

  • First Cyberstalking, Then Murder, in Family Law Tragedy

    Georgialee Lang
    29 Jul 2015 | 5:26 pm
    In a divorce tragedy akin to Shakespeare’s “MacBeth”, Delaware mother Christine Belford, age 39, was murdered by her father-in-law in February 2013 after years of litigation involving child abduction, allegations of mental illness, non-payment of child support, and the eventual termination of a parental relationship. Earlier chapters of the divorce of Ms. Belford and her optometrist husband David Matusiewicz were distinguished by animosity and hatred engendered by a dispute over their children. In 2006 a psychologist examined the parties and found each parent capable and…
  • Judges’ Orders Place Limitations on Defendants’ Sex Lives

    Georgialee Lang
    24 Jul 2015 | 11:31 pm
    Another American judge has made an order regulating a litigant’s sex life. In the most recent case a court in Kansas sentenced a career criminal to a lengthy prison term for being a felon in possession of a weapon and also imposed a probation order to follow the jail sentence. In an unusual move, U.S. District Judge Howard Sachs inserted a probation condition that Christopher Harris be barred from having unprotected sex while on probation, for the very simple reason that Mr. Harris had sired ten children with seven different women. He made the order over the protestations of…
  • Country Superstars Blake and Miranda to Divorce

    Georgialee Lang
    20 Jul 2015 | 1:08 pm
    Isn’t it funny that we can feel a profound sadness when people we don’t know announce they’re divorcing? In our world of 24/7 multi-media we get to know the celebrities we admire, the ones we pay big dollars to see their concerts and buy their records. I became a fan of Blake Shelton when he was a judge on “The Voice”. His weekly banter with hunk Adam Levine and their tender teasing of each other, showed us Blake’s personality and his sense of humour. He made me want to know more about him, I became interested in his life in the southern United States with…
  • Sleepy Judges: Winkin’, Blinkin’, and Nod

    Georgialee Lang
    18 Jul 2015 | 8:07 am
    Every trial lawyer has their own story of a judge falling asleep on the job. Before I was called to the bar I was a law clerk for an elderly judge and would accompany him to court to take notes. On more than one occasion I observed him nodding off during counsel’s tedious argument. During “tea” breaks in his chambers he would also rest his head on his chest for more than just a few minutes He retired at the mandatory age of 75 and went on to hold several high-profile government positions until he retired for the last time at the age of 85. I’ve also heard stories of lawyers dropping…
  • Bill Cosby’s Friends Jump the Sinking Ship

    Georgialee Lang
    17 Jul 2015 | 2:44 pm
    Hollywood’s silence over the Bill Cosby rape allegations is hypocrisy at its finest. The celebrity personalities who are usually the first to voice their condemnation, whether asked or not, are either eerily quiet or entirely dismissive of the charges of over thirty mature women. It is scandalous to hear Hollywood feminists like Whoopi Goldberg and Phylicia Rashad suggest that Cosby’s victims are conspiring to destroy his legacy. It is classic victim-blaming. But worst of all, where is Oprah Winfrey, the queen of scandal? But the tide is slowly turning against Bill Cosby as his…
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    Farzad Family Law

  • What Happens After Divorce Papers Are Served? Answers for Uncontested and Contested Divorces

    B. Robert Farzad
    19 Jul 2015 | 11:25 pm
    What happens after divorce papers are served? Here is an article that will get you off to a good start on answering that question in both contested and uncontested California divorce cases. What happens after divorce papers are served? The answer in a California divorce case depends on whether the divorce is contested or uncontested. What happens after divorce papers are served in uncontested California divorce cases? A timely response is filed and served and the spouses then work to settle all of their disputes in either a divorce mediation or other setting that doesn’t involve litigation.
  • What to Expect in Divorce Court. What Happens and Why?

    B. Robert Farzad
    29 May 2015 | 11:20 pm
    What to expect in divorce court? What happens and why? This article helps explain the California divorce court hearing process, specifically that of Orange County. Divorce Court can be scary for everyone except for judges and divorce lawyers. We are used to it. What to expect in Divorce Court is the scariest part because the unexpected can lead to fear. Fear of what? Fear of the unknown. Sounds obvious but the best way to make the unknown “known” is knowledge. We have good news for California husbands and wives who have Divorce Court ahead of them and want to know what to expect or just…
  • How Can I Kick My Wife or Husband out of the House? Learn About Dwelling Exclusion Orders

    B. Robert Farzad
    25 Apr 2015 | 11:48 pm
    Question: How can I kick my wife or husband out of the house in California? Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis. A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally? In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks…
  • What Are Typical Divorce Settlements in California? Learn About Them Here.

    B. Robert Farzad
    15 Mar 2015 | 12:13 pm
    Typical divorce settlements in California include terms that fit many cases. While every case is unique to its own facts, there are certain divorce settlement terms that overlap. What we write here are the overlapping terms we, as experienced California family law attorneys, see most often. We hope this article will give you some perspective on these common terms. What are typical divorce settlements in California? We have written this article for husbands and wives with exactly that question in mind. Will these terms fit your case? This article can’t answer that question because it’s not…
  • What are Automatic Temporary Restraining Orders and What do They Prevent?

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

  • Brain injury symptoms can be hard to manage for Virginians

    Surovell Isaacs Petersen & Levy PLC
    23 Jul 2015 | 5:56 am
    Seeing a person suffer a damaging blow to their skull can be terrifying. Will it have an effect on the person's well-being? Will the victim remember who he or she is? Will the victim remember you? Is the person even alive? Once it is determined that a Virginian will survive a brain injury, then the victim and his or her loved ones will face the difficult path of dealing with the potentially life-altering symptoms and repercussions. Traumatic brain injuries can have wide-reaching effects. They may not only affect a person's physical abilities, but also their cognitive and emotional abilities.
  • Legal counsel aids Virginians in products liability cases

    Surovell Isaacs Petersen & Levy PLC
    16 Jul 2015 | 6:42 am
    Virginia residents place a tremendous amount of trust in the products they buy. We buy cars that we believe will provide safe transportation to and from our homes, schools and places of work. We buy appliances that we place in our homes for our families to access daily. Every product that a Virginian buys and uses is expected to work properly and without defect. Unfortunately, that is not always the case, as some products may be defective and cause injury, illness or even death. In the event a person is injured using a defective product, he or she may have a products liability claim. There…
  • What duty is owed a Virginia customer in a slip-and-fall case?

    Surovell Isaacs Petersen & Levy PLC
    9 Jul 2015 | 6:48 am
    What happens to a Virginian if she enters onto another's property and injures herself? Specifically, what should a Virginian who enters onto a store's premises as a customer and is then involved in a slip-and-fall accident expect? These types of accidents, which raise the issue of premises liability and may bring about serious injuries, are all too common due to hazardous conditions and, therefore, it is important to understand what kind of duty a property owner owes a customer. The duty owed an injured customer stems from how the customer is classified under Virginia law. A customer is an…
  • Is it possible to prevent a brain injury?

    Surovell Isaacs Petersen & Levy PLC
    1 Jul 2015 | 5:53 am
    The idea of preventing a brain injury may seem foreign to many Virginians. Isn't a blow to the head that typically happens in just a split second something that cannot be prevented? Not necessarily, according to the Brain Injury Association of America. There are ways to prevent a possible brain injury. Making smart transportation choices is always wise when it comes to preventing brain injuries. For example, bike helmets protect the head against possible trauma in the event of an accident. Most bike accidents happen within five blocks of a rider's home and therefore it is essential to always…
  • Safety research ongoing to prevent future truck accidents

    Surovell Isaacs Petersen & Levy PLC
    24 Jun 2015 | 6:53 am
    All Virginia drivers want the roads to be safe, but this simple desire is not sufficient to ensure that the roads are in fact safe. Fortunately, there are also agencies that help study, promote and prevent accidents. The NIOSH Center for Motor Vehicle Safety is one such agency, and their goal is to prevent motor vehicle crashes, as well as the related injuries and fatalities, that might occur at work. How do they do this exactly? One way the NIOSH Center operates to prevent car and truck accidents is through conducting specialized research to aide future recommendations regarding prevention…
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    911bikerlaw.com

  • Motorcycle Trends – You’ll Never Believe What’s Popular Now!

    Maria maria
    17 Jul 2015 | 5:17 am
    Millennials are growing up and their hipster culture is going mainstream, affecting everything from fashion to, yes, even motorcycle culture. The outlaw motorcycle rider still represents freedom, but new riders are bucking the recent trends of fat tires and raked handlebars. Instead, they’re making what is old new again with throwback trends and vintage stylings like cafe racer builds and sidecar rigs. Vintage Bikes Classic, throwback style can by found tearing up the streets at almost every bike rally these days. Motorcycles with more old-school cool than chrome accents are becoming the…
  • Top 5 Most Important Motorcycle Parts to Maintain

    Biker Law
    26 Jun 2015 | 7:26 am
    Motorcycle Parts to Maintain All motorcycle owners should be familiar with their bike parts. Motorcycle parts knowledge entails the functions of the parts, selection of the right parts based on bike model and riding habits as well as the maintenance of parts. Proper maintenance of your bike is not only crucial to your safety but it can also save you money by extending the life of certain parts. A helmet and jacket can help protect you in a fall but properly maintained, quality parts can be the difference between life and death. All it takes is one malfunction to cause a fatal accident. Here…
  • Motorcycle Accident Insurance Payout- Safety Gear Can Affect Your Outcome

    Biker Law
    30 May 2015 | 1:46 pm
    In Florida, everyone who rides a motorcycle under the age of 21 must wear a helmet that meets the DOT (Department of Transportation) requirements. If you are over the age of 21, wearing a helmet is optional as long as your insurance policy covers $10,000 or more in medical benefits as a result of a motorcycle accident. But, while wearing a helmet may be optional, it could affect the amount compensation you receive for injuries if you are involved in a motorcycle accident. The other driver involved can try to prove your injuries were caused by not wearing a helmet or other safety gear, your…
  • Cost of Safety vs Cost of Injury

    Biker Law
    29 May 2015 | 5:20 am
    The post Cost of Safety vs Cost of Injury appeared first on .
  • So Your Child Is Interested In Motorcycles?

    Biker Law
    27 May 2015 | 4:30 am
    Has your child been begging you to ride a motorcycle or dirt bike? Before you panic, take a deep breath because there are plenty of motorcycle and dirt bike schools and summer camps all over Florida. By receiving instruction from seasoned professionals, your child will learn to safely and responsibly operate a motorcycle, and you’ll receive peace of mind knowing your child is prepared for the open roads. Adventure Rider Training has been providing positive, low-stress motorcycle instruction to Central Florida residents for over ten years. ART utilizes both national (Motorcycle Safety…
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    The Sampair Group | Legal Blog

  • How Damaging Is An Emotional Affair?

    Sampair Legal Blog
    29 Jul 2015 | 2:02 am
    Infidelity is a major cause of divorce, but not all affairs are physical. Many couples split up over what is referred to as an emotional affair. This happens when one of the parties to the marriage forms an emotional bond with another person, and begins to pull away from their spouse as a result. Often times the conversation centers on family, and personal matters that should be between husband and wife are told to a third party. While we all need someone to confide in, that person should be your spouse. If you are unable to maintain privacy in your marriage, and look to outside persons to…
  • Looking Ahead

    Sampair Legal Blog
    28 Jul 2015 | 2:01 am
    It can be hard to envision what your post-divorce life will look like, especially if you are in the middle of a heated case. A big part of how you look ahead has to do with how your case is handled, and what role your emotions play. Divorce brings about many changes; where there was once one family there are now two, the kids are now splitting their time between homes, and finding yourself newly single presents challenges regarding dating and your social life. Taking stock of where you want to be one, or two, or even twenty years after your divorce can help make the transition less…
  • Who Gets The Family Pet?

    Sampair Legal Blog
    27 Jul 2015 | 2:00 am
    For some couples, their pets are their children. There are just as many households that count their “fur babies” as well as their biological offspring as children. When a couple with strong bonds to their pets gets divorced, the issue of “pet custody” arises. It may sound absurd, but this can be one of the most litigated areas of a divorce case. Sometimes pets are used as leverage to get other things in a divorce, but in most cases the desire to keep possession of Fluffy is very real. The law considers pets personal property, and so treats them as such during a divorce. But, a growing…
  • Does Gender Reassignment Impact Divorce?

    Sampair Legal Blog
    24 Jul 2015 | 2:59 am
    The name “Jenner” has been in the news a lot lately. Most of us have seen the  magazine cover, and read the tagline “Call me Caitlyn”. Regardless of your positon on the issue, the case of Bruce Jenner becoming Caitlyn Jenner is sure to have wide-reaching implications, some of them legal. For instance, what would the result have been if Jenner’s children were minors? Would the Courts allow custody, and what if Jenner remarried? How would the gender reassignment issue be treated in a divorce? Would Jenner be required to prove his or her gender, and if so, what documentation would be…
  • Questions To Ask Yourself When Considering Divorce

    Sampair Legal Blog
    23 Jul 2015 | 2:58 am
    When a couple considers divorce, there are several other factors to think about before making a final decision. Before presenting your side of the story to an attorney, see if there are any issues that you can agree on with your spouse. If you are able to reach an agreement about anything, document the terms, but do not agree to specifics until a qualified attorney has reviewed the agreement. Selecting the right attorney to look over any agreement you’ve made with your spouse is one way to make sure you are not being taken advantage of, and that your best interests are protected. The…
 
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    Etheringtons

  • Changes to ‘Cost Agreements’ with your Solicitor.

    Flo Mitchell
    27 Jul 2015 | 4:34 pm
    Since 1 July 2015, solicitors are required to obtain their client’s informed consent on the course of action for the conduct of their matter as well as the proposed costs. A client will be given a ‘costs agreement’ which is a contract that governs the terms of the engagement between a solicitor and a client. This means that when you engage a solicitor to take on a matter for you, the solicitor has to ensure that you understand what it is they are going to do and what the legal costs will be for that work. Your solicitor is bound to explain the rights and obligations of any contract that…
  • How to choose a Family Law solicitor

    Candice Lau
    20 Jul 2015 | 7:21 pm
    Family Law matters can be an emotionally charged and sensitive time for those involved. Not only are parties dealing with the separation from their partners (sometimes after decades of cohabitation) and their children, but they are also having to cope with dealing with solicitors (both their own and the other sides) and the stresses of litigation. It is therefore of utmost importance to ensure that they choose a family law solicitor who will be able to not only provide the valuable legal advice required, but also assist them to cope with this difficult time. Each solicitor has a different…
  • 10 Reasons why you should not represent yourself in Court proceedings

    Penny Parsons
    9 Jul 2015 | 8:13 pm
    1. It is not cheaper. You could feel that you are saving on legal costs but in reality you could end up spending a lot more, for example, being subject to a costs order being made against you. If you win your case, you are entitled to get an order for your legal costs, but you will not get that when you represent yourself. You will not be able to claim for the time you spend in court, whereas your solicitor will be able to do so. 2. The Court will not help you. Judges and court staff will not provide you with legal or strategical advice about your matter. In fact, they will encourage you to…
  • What is involved in dissolving a partnership?

    Flo Mitchell
    22 Jun 2015 | 5:35 pm
    Partnerships involve two or more people who are in business together, with the aim of making a profit. Partners share ownership of the assets and liabilities of the business, and have rights, responsibilities and obligations. Personal liability in a partnership is unlimited, which means that if one of your partners can’t afford to pay their share of the debts, you will be liable for that amount. Partnerships need to come to an end for all sorts of reasons including disputes of profit share, day to day control of the business, disagreement in the direction of the business and financial…
  • Drink driving offences in NSW

    Flo Mitchell
    18 Jun 2015 | 8:17 pm
    Everyone knows that driving under the influence (DUI) is an offence in NSW, but not everyone understands exactly what the implications are if you are caught. It is very easy to feel like you are ok after a couple of drinks, but when you are breathalysed, end up being over the limit. We have put together a short guide to help you understand the ins and outs of drink driving. What are the limits? There are three blood alcohol concentration (BAC) limits, which are zero, under 0.02 and under 0.05. Your BAC measures how much alcohol you have in your system, the units of measurement being grams of…
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