Family Law

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  • Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

    Missouri Divorce & Family Law Blog
    Kansas City Divorce Attorney Mark Wortman
    9 Mar 2014 | 1:29 pm
    Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Father appeals the trial court’s judgment in favor of Mother, on his motion to terminate child support for their daughter in college. Father sought to terminate his child support obligation when Daughter’s academic course load fell below the statutory minimum of 9 credit hours while working 15 hours per week (§452.340.5). The trial court excused…
  • When Should You Hire Help? The Most Asked Question.

    Divorce Discourse
    Lee Rosen
    14 Apr 2014 | 4:30 am
    Attorneys are drawn to hiring an assistant or associate like moths are drawn to a flame. How’d that work out for the moth? Young or old, experienced or new, busy or slow, attorneys want to know when it’s the right time to hire an employee. It’s the number one question I get. I’ve been giving a very specific answer so there’s clarity. You should hire someone because you have to, not because you want to. You should hire someone when you have no other alternative. Generally, you shouldn’t worry about hiring someone and should instead focus on your marketing and your pricing. The…
  • Massachusetts Child Support Guidelines Revised Again

    Massachusetts Divorce & Family Law Blog
    Steven Ballard
    23 Jun 2013 | 7:26 am
    The Massachusetts Trial Court has just announced the new Massachusetts Child Support Guidelines to be in effect for the next four years, beginning August 1 of this year.  Federal IV-D regulations require each state to have uniform child support guidelines that are presumptively correct, and 45 C.F.R. 302.56 specifically requires each state to review its guidelines at least once every four years.  The new Massachusetts guidelines effective August 1, 2013, are here (prose) and a corresponding worksheet may be found here. The current (still in effect)…
  • A PAGE TURNER OPINION FROM MONTGOMERY COUNTY REMINDS US OF WHAT IS AND ISN’T RELEVANT IN A CUSTODY CASE

    Pennsylvania Family Law
    Mark Ashton
    1 Apr 2014 | 11:36 am
    One of the most difficult concepts for lay persons to understand in the law is the rule stating that only relevant evidence is admissible in judicial proceedings.  The concept would seem self-evident as no one would disagree with the principle that courts should not waste time considering irrelevant evidence.  But when faced with a case that directly affects them, lawyers and clients alike tend to want to blur the line because we want to prove to the world that our opponents are somehow unscrupulous or at least unworthy to win a legal point. My own episode came last week in a custody…
  • Anti-Adultery Laws

    Family Law Prof Blog
    Family Law
    18 Apr 2014 | 2:18 am
    From USA Today: The New Hampshire state Senate voted Thursday to repeal its anti-adultery law, sending the bill to Gov. Maggie Hassan, who says she's likely to sign it into law. Under the law the Legislature voted to repeal, adultery...
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    The Stevens Firm, P.A.

  • What Counts as Adultery in South Carolina?

    Ben Stevens
    18 Apr 2014 | 5:30 am
    Though cheating on a spouse would appear to be a pretty clear cut thing, new research indicates that people have very different ideas of what behavior qualifies as crossing the line and what does not. A recent poll that was discussed in the Huffington Post found which found that not only do people regard different activities with different degrees of suspicion, but men and women often have different ideas about what behavior qualifies as inappropriate. The survey found that kissing appears to be something that the vast majority of people can agree qualifies as infidelity. A full 100 percent…
  • April 2014 – Helpful Family Law Insights

    Ben Stevens
    17 Apr 2014 | 3:00 pm
    Our April 2014 newsletter, Helpful Family Law Insights, was published today. Read this edition by clicking the image below. Sign up to receive future editions by clicking here. The post April 2014 – Helpful Family Law Insights appeared first on The Stevens Firm, P.A..
  • How to Conduct Yourself During a Deposition

    Ben Stevens
    17 Apr 2014 | 5:30 am
    Depositions are a routine part of some South Carolina divorces, particularly those involving more complex issues such as custody, alimony, or division of significant assets. Though many people are unfamiliar with the process, the good news is that depositions do not have to be a stressful or scary experience. A little bit of preparation with an experienced family law attorney to learn how to conduct yourself during a deposition can go a long way to avoiding the kinds of meltdowns that make headlines. Speaking of deposition, a tape of a recent deposition given by pop star Justin Bieber surely…
  • When Does Going to Trial Makes Sense?

    Ben Stevens
    16 Apr 2014 | 5:30 am
    As we discussed yesterday, there are reasons that anyone going through a family law case in South Carolina should at least consider trying to reach an amicable settlement. Unfortunately, in many cases, trial is the only real option, and while settlement may save time and money, it simply may not be the best solution in some circumstances. So what are some cases where going to trial makes the most sense? One of the most common reasons to try a family law case is when the other party is either uncommunicative or a bully. If you cannot effectively communicate with the opposing party,…
  • When Should You Settle Your Family Law Case?

    Ben Stevens
    15 Apr 2014 | 5:30 am
    If you’re going through a Family Court case, it is sometimes hard to determine the best way to handle what can sometimes be a contentious process. Is it best to fight tooth and nail, refusing to cave until you get your way and insisting that matters be taken to court? Or should you settle and try to reach an agreement through negotiation with the other side? Is that a surrender or can it instead be useful? In light of the types of issues involved in family law cases, there is no “one-size-fits-all” solution. However, the following discussion will explore some of the reasons…
 
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    Massachusetts Divorce & Family Law Blog

  • Alimony Statute Construed: No Credit For Time Served!

    Steven Ballard
    2 Apr 2014 | 9:26 am
    Today the Massachusetts Supreme Judicial Court just decided, in Holmes v. Holmes (see and view the oral arguments here) that temporary alimony, awarded before final judgment in a divorce action, does not have to be credited toward a calculation of the maximum term of general term alimony.   This means that if temporary alimony is awarded, as it often is, during the pendency of a divorce action, there does not have to be "credit for time served" (to use my own, admittedly imperfect analogy to criminal sentencing) in determining the ultimate award of general term alimony when the…
  • Two Excellent Family Law Blogs by Massachusetts Mediators

    Steven Ballard
    29 Mar 2014 | 1:08 pm
    I have not blogged here in nearly a year, and during that time, I have discovered a number of blogs by very smart people in my field who have been blogging rather prolifically and brilliantly about Massachusetts divorce and family law.  I've been reading their blogs instead of trying to write my own.  I'll just mention, for now, my two new favorites.  Not necessarily new, they are both fairly new to me. The first is by a very smart mediator/collaborative lawyer, Rackham Karlsson, whose blog on his law firm website is already among the best family law blogs to be…
  • Massachusetts Child Support Guidelines Revised Again

    Steven Ballard
    23 Jun 2013 | 7:26 am
    The Massachusetts Trial Court has just announced the new Massachusetts Child Support Guidelines to be in effect for the next four years, beginning August 1 of this year.  Federal IV-D regulations require each state to have uniform child support guidelines that are presumptively correct, and 45 C.F.R. 302.56 specifically requires each state to review its guidelines at least once every four years.  The new Massachusetts guidelines effective August 1, 2013, are here (prose) and a corresponding worksheet may be found here. The current (still in effect)…
  • Best US Supreme Court Decision of 2012

    Steven Ballard
    2 Jan 2013 | 9:49 am
    In my view, the best U.S. Supreme Court decision of 2012 would probably be Miller v. Alabama.  This decision scored a big one for human rights of juveniles. There will be no more mandatory life-without-parole sentences for juvenile offenders.  This was a 5-4 decision of the Supreme Court back in June of 2012.  The majority opinion was penned by former Harvard Law School dean Elena Kagan.  Of course, international human rights law was not the basis for the decision, but rather the US Constitution's ban on cruel and unusual punishment.  I have previously blogged…
  • Best Divorce Blog Posts of 2012

    Steven Ballard
    2 Jan 2013 | 9:37 am
    Scott Morgan, principal of the Morgan Law Firm (Houston and Austin, Texas) and fellow family law blogger, has put me on his list of the Best Divorce Blog Posts of 2012.  Check out that link for some good reading. I made it to the list on account of my blogging about gay marriage issues.  Thanks for the props, Scott!
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    Family Law Prof Blog

  • Hiring Help

    Family Law
    19 Apr 2014 | 2:03 am
    From the Atlantic: When Lorrie Moore, acclaimed author of A Gate at The Stairs and Birds of America, released Bark, her first short story collection in 16 years, on February 25th, critics were dismayed to find that such a long...
  • Anti-Adultery Laws

    Family Law
    18 Apr 2014 | 2:18 am
    From USA Today: The New Hampshire state Senate voted Thursday to repeal its anti-adultery law, sending the bill to Gov. Maggie Hassan, who says she's likely to sign it into law. Under the law the Legislature voted to repeal, adultery...
  • Lozano v. Alvarez

    Family Law
    17 Apr 2014 | 1:46 am
    From Margaret Ryznar, writing for the Huffington Post: In early March, the United States Supreme Court handed down the opinion in its most recent international abduction case, Lozano v. Alvarez. Justice Thomas wrote for the unanimous Court, holding that American...
  • Adoption Case in NY

    Family Law
    16 Apr 2014 | 2:43 am
    From the New York Law Journal: A Queens man may legally adopt his husband's biological twins even though they were born to a woman under a surrogacy agreement that is illegal in New York state, a Family Court judge determined....
  • College Debt Division at Divorce

    Family Law
    15 Apr 2014 | 4:53 am
    From the Wall Street Journal: In many states, divorce courts have the discretion to divide marital property in a holistic way. That means that if the educational debt is considered marital property, they have the option of taking into account...
 
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    Missouri Divorce & Family Law Blog

  • 60 day Notice required for relocation, not Motion to Modify

    Kansas City Divorce Attorney Mark Wortman
    14 Apr 2014 | 9:00 am
    Case Law Update:  Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educational and mailing purposes is considered a sub-issue of custody. A change to the residential designation is a change to the terms related to joint physical custody, such as the parenting time schedule, and it is not a change to the custodial arrangement itself. In a recent case, the court determined Mother was required to comply with the Missouri…
  • Unequal Division of Marital Property Appropriate in Some Circumstances

    Kansas City Divorce Attorney Mark Wortman
    2 Apr 2014 | 10:51 am
    In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage.  The property does not necessarily need to be divided equally, but it must be divided equitably (fairly).  In determining this, the Court must consider all relevant factors, including the economic circumstances of each spouse, the contributions of each spouse to the acquisition of the property, the value of non-marital property, the parties conduct during the marriage, and any child custody arrangements.  The trial Court has broad discretion in making property division. In a recent case…
  • Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

    Kansas City Divorce Attorney Mark Wortman
    9 Mar 2014 | 1:29 pm
    Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Father appeals the trial court’s judgment in favor of Mother, on his motion to terminate child support for their daughter in college. Father sought to terminate his child support obligation when Daughter’s academic course load fell below the statutory minimum of 9 credit hours while working 15 hours per week (§452.340.5). The trial court excused…
  • Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.

    Kansas City Divorce Attorney Mark Wortman
    1 Feb 2014 | 8:40 am
    When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order.  While most people do, there are always those who choose to test their luck by not following terms of the order.  If that happens, there are few options, such as demand letters, law enforcement, and the child support enforcement division, that require little effort or investment of money.  However, many times these efforts fail, leaving the Court’s civil contempt power as the last, but…
  • Form 14 Mandatory for Determination of Child Support

    Kansas City Divorce Attorney Mark Wortman
    28 Jan 2014 | 7:05 am
    Recent Case Holding: The trial Court is required to calculate the presumed amount of child support pursuant to Civil Procedure Form 14. In a recent case from the Missouri Court of Appeals – Eastern District, Husband appeals from the trial Court’s Judgment Decree of Dissolution of Marriage awarding his former wife maintenance, child support, and attorney fees.  When awarding child support, the Court is required to apply a two step analysis.  First the trial Court must calculate the child support pursuant to the Form 14, (Missouri’s child support calculation formula) either by accepting…
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    Divorce Discourse

  • From War Zone to Heartbreak to Successful Law Practice

    Lee Rosen
    17 Apr 2014 | 4:30 am
    She was living in a war zone. No one expected love to happen. As a JAG Corps lawyer working in Iraq, she had a busy life. She spent her days—long days—doing her job. However, her nights were her own. Just because there’s a war on doesn’t mean soldiers don’t have a social life. After all, people are people. She spent her down time hanging out with her co-workers. She got close to the people she worked with. She got to know one of the guys in her security detail pretty well. There was no denying that there was a romantic spark. Time passed, and they got closer and closer.
  • 8 Signs You’re in Survival Mode (and the First Step Toward Escaping)

    Lee Rosen
    16 Apr 2014 | 4:30 am
    When you’re in survival mode, you’re just trying to get through the day. There’s no long-term or medium-term planning going on. It’s all about getting through the next 24 hours. The end of the week feels like it’s a long way off. You feel like you’ll never dig out of the hole if you’re stuck in survival mode. It’s all that you can do to stay afloat. The only way to move forward is to develop long-term plans and then execute those plans. You’ve got to see the future, figure out what action is required to build it, and then commit available resources to make it happen. You…
  • An Alternative Work-Life Balance Solution

    Lee Rosen
    15 Apr 2014 | 4:30 am
    “Work–life balance is a concept including proper prioritizing between ‘work’ (career and ambition) and ‘lifestyle’ (health, pleasure, leisure, family, and spiritual development/meditation),” according to Wikipedia. The concept gets lots of attention in the legal arena. It comes up frequently when discussing attorney depression, substance abuse, etc. It’s an important topic, and I don’t mean to minimize it in any way. However, it’s important to note that work-life balance only comes up when projects aren’t sufficiently epic (I stole that phrasing from…
  • When Should You Hire Help? The Most Asked Question.

    Lee Rosen
    14 Apr 2014 | 4:30 am
    Attorneys are drawn to hiring an assistant or associate like moths are drawn to a flame. How’d that work out for the moth? Young or old, experienced or new, busy or slow, attorneys want to know when it’s the right time to hire an employee. It’s the number one question I get. I’ve been giving a very specific answer so there’s clarity. You should hire someone because you have to, not because you want to. You should hire someone when you have no other alternative. Generally, you shouldn’t worry about hiring someone and should instead focus on your marketing and your pricing. The…
  • Heartbleed Security Flaw Got You Worried? Good.

    Lee Rosen
    11 Apr 2014 | 4:30 am
    The Heartbleed online security flaw has received all kinds of attention. There was a defect in the Internet security protocol OpenSSL. Information exchanged on sites protected by OpenSSL may not have been secure. There’s little you can do about fixing the underlying problem unless you happen to administer a server (and hopefully you don’t). However, the focus on security gives me a chance to advocate for better password practices. An Easy Way to Increase Your Password Security I’m using LastPass to create and store my passwords. I’ve used a bunch of different password managers, and I…
 
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    International Family Law

  • Do We Have Enough Sensible Malays? Zaid Says Unable To Answer A Definite ‘Yes’

    17 Apr 2014 | 12:57 pm
    KUALA LUMPUR: Datuk Zaid Ibrahim lamented today the lack of empathy among fellow Malay-Muslims towards non-Muslims caught in inter-religious child custody tussles.The former de facto law minister pleaded with the Malay-Muslim majority to put themselves in a non-Muslim’s shoes and to imagine if hypothetically, the law allowed a non-Muslim parent to convert a Muslim child to Hinduism or Christianity without the consent of the Muslim spouse.“Sensible Malays are those who will not do to others what they do not want done to them,” Zaid wrote in a blog post today titled “What sensible…
  • IRAQ AND INTERNATIONAL CHILD ABDUCTION

    15 Apr 2014 | 10:42 am
    Jeremy D. MorleyOn March 21, 2014 Iraq acceded to the Hague Abduction Convention, with no reservations, declarations or notifications.On April 14, 2014 the Ministry of Foreign Affairs of the Republic of Iraq issued the following announcement:A celebration took place in the headquarters of the Peace Palace in The Hague for the countries that have recently joined the Hague Convention, including the Republic of Iraq on the Civil Aspects of International Child Abduction in the presence of a number of ambassadors and representatives of States in The Hague.Mr. Joseph Damoaso Chairman of the…
  • Court hands win, loss to Hackensack law firm, Hasbrouck Height's dad seeking girl's return from Spain

    11 Apr 2014 | 9:03 am
    By PETER J. SAMPSONhttp://www.northjersey.com/news/court-hands-win-loss-to-hackensack-law-firm-hasbrouck-heights-dad-seeking-girl-s-return-from-spain-1.857685An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split.At the same time, the state Appellate Division panel affirmed a jury’s 2011 verdict awarding $700,000 in damages from the law firm for emotional distress to the father, Peter Innes, plus…
  • Important Indian Ruling on India’s Notorious Section 498A Law

    9 Apr 2014 | 9:41 am
    Jeremy D. MorleyIn an important ruling on India’s notorious “Section 498A law” (see www.international-divorce.com/Indias-Notorious-Section-498A.htm), the Bombay High Court has ruled that a wife who made unsubstantiated allegations in a criminal case that she initiated against her husband and family under Section 498A of India’s Penal Law has thereby committed acts of cruelty sufficient to provide a ground for the husband to divorce her [Mr. M v. Mrs. M, Family Court Appeal No. 71 of 2006, decided on 7th February, 2014].Section 498A makes it criminal for a husband and his relatives to…
  • Morley’s Expert Opinions as to India’s Child Custody Laws and Sec. 498A of India’s Penal Code Upheld in California

    8 Apr 2014 | 5:50 am
    A California court has upheld my expert evidence on the child custody laws of India to the effect that if a child is taken to and wrongfully retained in India it will generally not be possible to secure the child’s prompt return from India.  The Court also found that any effort to seek the assistance of the Indian courts would be extremely slow and expensive, and would most likely be ultimately unsuccessful. Accordingly, the court denied the mother’s move-away application.In refusing to permit the move-away, the court rejected the opinion of an Indian lawyer who sought to refute…
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    Divorce and Family Law in Tarrant County, Texas

  • Tuesday Tips: Death and Taxes

    15 Apr 2014 | 9:03 am
    On April 15, it's easy to remember the old saying that the only things certain in life are death and taxes.Maybe it's also a good time to remember why people get married (other than the more favorable tax treatment!).  If you are married, talk to your spouse today, or any day or everyday, about why you're glad you're married.  You might get a nice dividend!
  • Tuesday Tips: Don't Threaten Divorce

    8 Apr 2014 | 8:33 am
    Just Do It! (As a famous apparel seller used to urge us.)     Once you start threatening divorce, you start to weaken the bonds of marriage.     Some people, who want to remain married, threaten to divorce their spouse to get the spouse to change some behavior -- stay home more, quit drinking, pay attention, etc.      What the other spouse focuses on, though, is that the first spouse wants a divorce.  This feeling becomes stronger as the threat is repeated over time.     If you want a divorce, go ahead and file,…
  • Tuesday Tips: No Fooling!

    1 Apr 2014 | 8:32 am
    If you are facing going to court for a divorce or other Family Law matter, you need to be aware that most everything is taken seriously in the court system.Here are some things to remember that are Not Joking Matters!1.  Notice of Hearing:  When you get a notice of a hearing, that's a real obligation.  You and your attorney will probably have to be there.  If you ignore it, there will be consequences.2.  Deadlines for Discovery:  If you get discovery sent to you, there will be due dates for your answers.  If you miss the deadlines, you may not be able to…
  • Tuesday Tips: Listening Well

    25 Mar 2014 | 8:37 pm
    Do You Hear What I Hear?When a client meets with an attorney for the first time, the client is often stressed and emotional.  That's natural. Many clients have later reported that they can't remember what was said or done at the meeting.If you're that client, what can you do?  There are several things you can try.Make a list of questions and issues before the meeting.Tell the attorney that you are nervous and may need help keeping everything straight. Make detailed notes of the discussion.  Put away your phone so you aren't interrupted.  Concentrate on the discussions we…
  • Tuesday Tip: It's All in the Timing!

    18 Mar 2014 | 10:32 pm
    Planning AheadSave time and avoid phone tag.  Avoid wasted money.  How, you may ask?Check with your attorney about when the best time to call would be.  Good attorneys (and even bad ones) get busy.  They have court appearances, they meet with clients, and they prepare for court and other activities.You may discover that your attorney is not always sitting by the phone, waiting for you to call.How can you plan calls so that they have a good chance of getting through?Ask the lawyer or the legal assistant when a good time to call is.  They may have an answer and it could…
 
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    Family Lore

  • Thursday Review: All... family... lawed... out...

    17 Apr 2014 | 7:00 am
    It's all happening...The Ministry of Justice has asked the Family Justice Council to take forward the Law Commission’s recommendation to clarify the law of “financial needs” on divorce or dissolution of a civil partnership. The new guidance is to be published later in the year. Hopefully, this will lead to greater certainty, although it seems slightly odd to me that 'needs' is still being considered in isolation of all of the other s.25 factors.Unsurprisingly, there has been rather less media interest in the denouement of the 'forced caesarian' case than there was in the opening scenes.
  • Confused by all the changes coming in on the 22nd? Where to find the answers.

    16 Apr 2014 | 12:23 am
    We may be on the cusp of history, but there are an awful lot of changes happening in family law, and an unprecedented amount of new material for practitioners to assimilate. Thankfully, however, there are a number of good resources around the net, which should make the task just a little bit easier. I thought I would set out here all of the ones that I have found, together with links to original materials.Jordans Family Law - A page bringing together the essential information regarding the forthcoming family law reforms, including the single family court, Children and Families Act, CAP, PLO,…
  • Family Lore Clinic: How can a contact order be enforced following 22 April 2014 family law changes?

    15 Apr 2014 | 12:03 am
    I assume that this is referring to the introduction of child arrangements orders on the 22nd of April, and their effect upon contact enforcement orders under section 11J of the Children Act. Under s.11J(2) if the court is satisfied beyond reasonable doubt that a person has failed to comply with a contact order it may make an enforcement order, imposing on that person an unpaid work requirement, i.e. community service.Child arrangement orders are being introduced by s.12 of the Children and Families Act 2014, and will replace residence and contact orders. So, if contact orders no longer exist,…
  • Looking for a Hair Drug & Alcohol Testing Service?

    11 Apr 2014 | 6:58 am
    Cellmark brings our renowned level of scientific rigour, chain of custody management and industry leading customer service to a comprehensive hair drug and alcohol testing service targeted squarely at solicitors and local authorities.Our fully validated in-house methodology is based on state-of-the-art equipment and technology specifically selected to provide accuracy, quality and rapid turn around times.As you would expect from the UK’s most recommended DNA relationship testing service, we offer a clear pricing structure, a network of trained sample collectors and standard analysis…
  • Divide and Rule

    9 Apr 2014 | 11:36 pm
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    Toronto Family Lawyer Blog

  • When is a Cottage not a Matrimonial Home? – Egan v. Burton

    Andrew Feldstein
    17 Apr 2014 | 10:11 am
    In this case, the Husband owned a cottage prior to marriage and paid for all the expenses for upkeep and improvements of the cottage. Aside from ordinary housekeeping, the Wife made no contribution to the operation or maintenance of the cottage during their marriage. The Wife applied for a determination of whether the cottage was a second matrimonial home for the purpose of determining the equalization of Net Family Properties. Pursuant to section 18(1) of the Family Law Act (FLA), “every property in which a person has an interest and that is or, if the spouses have separated, was at the…
  • Disclosure Obligations in Child Protection Proceedings

    Andrew Feldstein
    11 Apr 2014 | 7:25 am
    Chatham-Kent Children’s Services v. T. (R.) In this child protection matter, the Respondent Mother appealed an order of the Trial judge , after the judge refused to compel the Applicant, the Chatham-Kent CAS (“the Society”), to provide disclosure of the names and addresses of private investigators hired by it, together with copies of correspondence, retainer agreements and exchanges between them since November, 2012. The Respondent’s Motion was brought in December and heard on January 28, 2014, as the trial was set to resume in February 2014. BACKGROUND Child protection…
  • Motion for an Advance on the Equalization Payment

    Andrew Feldstein
    4 Apr 2014 | 8:34 am
    Arcuri-Gunasekaram v. Gunasekaram This judgement of Justice Kitely, of the Ontario Superior Court of Justice, discusses the legal test undertaken to determine whether to award an advance on an equalization payment.  In doing so, Justice Kitely reviews the legal test outlined in Zagdanski v Zagdanski (2001) in order to determine whether the Applicant Mother is entitled to an advance. At the outset, Justice Kitely discussed the preliminary issue regarding which issues would be dealt with on November 28, 2013 (the date the matter was heard) and which would be postponed until a later date. Both…
  • Jurisdiction of the Divisional Court in Family Law Matters

    Andrew Feldstein
    28 Mar 2014 | 10:59 am
    Pustai v. Pustai The Judge of the Superior Court made a final Order terminating the husband’s obligation to pay spousal support, obliging the wife to pay child support, and requiring the husband to purchase a motor vehicle for his wife. The wife appealed to the Divisional Court and the husband subsequently applied to transfer the appeal to the Court of Appeal. In her Notice of Appeal, the wife set out sections 19(1)(a) and 19(1.2)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43, as the basis for the Divisional Court’s jurisdiction. It was determined that the Divisional Court…
  • Determining Whether a Religious Divorce Certificate is Fraudulent

    Andrew Feldstein
    21 Mar 2014 | 7:41 am
    Maftoun v. Banitaba (2014 ONCA 35) At trial, the appellant claimed her religious Iranian Divorce Certificate and divorce register prepared by Banibata were altered fraudulently to include a waiver of the Marriage Gift provided for in her marriage contract. The trial judge rejected the appellant’s claim on the merits. The trial judge based his decision on several facts including the following: During the course of the religious divorce proceedings, two original booklets containing the Divorce Certificate were prepared. The Divorce Certificate contained the waiver of the Marriage Gift. One…
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    Maryland Family Law

  • How Bankruptcy and Divorce May Intersect

    Heather Sunderman
    28 Mar 2014 | 7:37 am
    If you're separated and considering divorce, or are already in the divorce process, then it's essential to understand all of the variables which are at play. Financial concerns are of course of key importance to any divorce. From there, one issue which often arises is bankruptcy. In this guide, learn more about how bankruptcy and divorce may intersect under different circumstances, and what it all means.   Bankruptcy and divorce come together fairly commonly. In fact, in many cases one of these will actually lead to the other:   Bankruptcy may lead to divorce if, as an…
  • Guardianships in Maryland

    Heather Sunderman
    13 Mar 2014 | 11:58 am
    In Maryland, a guardianship may be necessary if a minor's parents are not willing or able to care for a child. This could be due to drug or alcohol issues, military obligations, or the death or illness of a parent. In many cases, a relative or family friend may be able to establish a guardianship, which makes that person a legal custodian of the child.  There are specific steps which must be followed precisely, therefore it is advisable to have an attorney assist you in this process. 
  • Summer vacation

    Heather Sunderman
    11 Mar 2014 | 12:26 pm
    It's that time of the year, to plan summer vacation.  (That is, if you know when the last day of school will be after all the snow day make-ups!) If you have an access schedule for your children, you will need to look at your order or agreement to see when you will have the children. Many co-parents are able to be flexible and switch dates to accomodate the family reunion, for example. If you have a difficult ex, however, it is imperative to know what your days are and plan accordingly. If you will need to have passports for the children, again, you will want to ask well in advance…
  • Child support for adults

    Heather Sunderman
    8 Mar 2014 | 11:51 am
    Are adult children entitled to support? The answer may surprise you. In many states, including Maryland, there are situations where a parent may have to pay support for a child 18 years or older. For example, if a child is under 19 and still in high school, child support will continue either until the child graduates or until the child turns 19. However, an adult destitute child may still be entitled to support. This most commonly occurs when the child has a mental or physical disability when prevents the child from being fully self-supporting. Additionally, some states have laws requiring…
  • A legacy for your child

    Heather Sunderman
    21 Feb 2014 | 12:00 pm
    This week in the news Philip Seymour Hoffman’s Will was released, you can read more about it here.  You may recall that his untimely passing left behind three children and a long-term partner Marianne O'Connell.  His will directed that his son be raised in New York, Chicago or San Francisco due to the cultural treasures that can be found there.  You may be wondering, is this proscription enforceable? Generally, when a parent dies, the other parent will continue as the child’s sole natural guardian.  There are some circumstances where this may not be the case,…
 
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    New Hampshire Family Law Blog

  • Unmarried Parents Get Equal Protection for New Hampshire Appeals

    Kysa Crusco
    7 Apr 2014 | 7:19 pm
    Miller v. Todd, a parenting case between two parties who were never married, raised the issue of whether Supreme Court Rule 3 is unconstitutional because it treats married and unmarried parents differently for the purposes of an appeal. At the time, only parents who were married were entitled to a mandatory appeal from an initial determination of parental rights and responsibilities. A mandatory appeal provides that the case “shall be accepted by the supreme court for review on the merits.” Although an appeal from a final divorce decree or final decree on legal separation is a…
  • In re Deven O: Father rebutted presumption of abandonment in termination of parental rights

    Kysa Crusco
    27 Mar 2014 | 7:33 am
    The Supreme Court issued In Re Deven O. on November 7, 2013. The Facts Deven was born in June 2006 and lived with his parents until they split up in December 2006. Deven lived with his mother and visited with his father a few days each month until December 2007, when father was arrested and incarcerated for armed robbery. Mother visited father in prison, but Deven visited just once. When father was released to a half-way house in June 2010, father visited with Deven multiple times per week over the next three months. In September 2010, mother told father that she did not want him visiting…
  • Proving your New Hampshire Petition to Terminate Parental Rights

    Kysa Crusco
    11 Mar 2014 | 7:07 pm
    The New Hampshire Supreme Court has often reiterated that parental rights are “natural, essential, and inherent." Such fundamental liberty interests are not easily swept aside. It is therefore imperative to understand the law and procedures for a termination of parental rights. Check out the latest You Tube video about proving your petition for termination of parental rights.
  • Collecting electronic evidence: Is it Legal and/or Admissible?

    Kysa Crusco
    11 Mar 2014 | 6:00 am
    Before the advent of the internet, finding proof of infidelity often fell to the hands of the private investigator and a telephoto camera lens. Yet, with today’s technology, from spyware to GPS trackers, spouses can play private investigator themselves. Software such as Spector Pro and E-Blaster, that captures chats, instant messages, emails, websites, keystrokes, and screen shots and are either saved to the computer or sent to a remote location, can be easily installed on home computers. GPS trackers, costing between $100 and $400, can provide incriminating information on a…
  • GAL Investigation: What to Expect

    Kysa Crusco
    10 Mar 2014 | 7:48 pm
    The court has appointed a Guardian ad Litem, now what? While each GAL has their individual approach to an investigation, in general, this You Tube video reviews what you can expect during the investigation.       
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    Dads Divorce and Fathers Rights Blog

  • Tips for Enjoying Easter Weekend with the Kids

    18 Apr 2014 | 5:34 am
    By Katie Davis Spring has arrived, and you may be one of the dads that gets to have his kids this holiday weekend. Some families will be celebrating Easter, and others will just be spending quality time together. Whatever your current plans are this weekend, it’s important to make sure you stay focused on the kids and the time spent with them. Don’t feel pressured to overdo your plans, prove yourself as the superior parent or talk to them about things beyond your control. Remember, this time is about you and your kids. Check out some of these tips for maximizing your time together…
  • How is Child Custody Affected By an Ex's Mental Health?

    18 Apr 2014 | 3:10 am
    Question: My wife and I are divorcing after being married for 6 months. I believe she  has undiagnosed personality and psychological disorders. She's also 30 weeks pregnant. I would like to file for joint custody of the child. I probably won’t fight for full custody, as I know that the odds are stacked against me. Right now, because I'm 63 years old, I'm also receiving Social Security Retirement benefits. I understand that once my son is born, he can receive these benefits under my name.  Will the Social Security Retirement benefits eliminate or reduce the amount of child…
  • Unfair Tactics to Watch For in Child Custody Actions

    17 Apr 2014 | 2:12 am
    By Julie Garrison Divorce and wrangling over child custody concerns is never pleasant. But in high-conflict divorces, things can rapidly escalate out of control with very little provocation.  While most divorcing parents manage to maintain their moral principles and overall composure during custody disputes, there are also those estranged spouses that can seem impossibly difficult.  Here are some tactics that should not be ignored: Withholding or interfering with visitation rights by cancelling visitation at the last minute,  making a dad wait by arriving home late for a…
  • Can My Wife Keep Kids From Me While I Serve in Iraq?

    16 Apr 2014 | 2:23 am
    Question: I am currently working in Iraq. My wife has told me she is moving out of our home and filing for a divorce. She has told me that a judge will not allow me to have our kids for more than seven days at a time. I have changed my schedule so that I will be home and able to have my children for 30 days. I can then rotate in Iraq for 39 days and go back-and-forth in this manner if needed. But can my wife actually keep my kids away from me?
  • DadsDivorce Live: Are Divorce Rates Higher Among Baby Boomers?

    15 Apr 2014 | 5:00 am
    Pepper Schwartz has written nearly 20 books, including her most recent work "The Normal Bar." Recently, she wrote an article for CNN that explores increasing divorce rates among the Baby Boomers generation. Schwartz, a sociology professor at the University of Washington, shared her findings on Baby Boomer divorce rates, discoveries about gender roles in the divorce process  and predictions for future generations with DadsDivorce.com editor Matt Allen.
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    Alabama Divorce & Family Law Attorney Blog

  • Post-Engagement Break-Ups: Who Keeps the Ring?

    Steven Eversole
    19 Apr 2014 | 12:09 pm
    Even before a marriage is finalized, engaged couples may already face a host of legal issues. While a prenuptial agreement can prevent some complications later on, property issues may arise before a couple ever says “I do.” In a recent case, a couple landed in court after a man ended an engagement through text messages. The legal question involved a 2.97 carat diamond engagement ring valued at $53,000. According to reports, the bride-to-be received the ring in 2011 and was dumped by her fiancé in 2012 by text message, 14 months after she acquired the ring. Following the break-up,…
  • Prenuptial Agreements for Blended Alabama Families

    Steven Eversole
    16 Apr 2014 | 12:08 pm
    Remarriage after divorce and family blending can be complicated for both parties as well as the children. In addition to the emotional aspects of family blending, which can take time, you should also consider a prenuptial agreement in your arrangement. One of the reasons that prenuptial agreements are attractive to blended families is that they can protect the interests of both parties and their children from a previous relationship. Creating a comprehensive prenuptial agreement can also ensure that both parties are being up front an honest about their finances, as well as communicative about…
  • Step-Parents and Abuse: A Child Returns Home After Year of Neglect

    Steven Eversole
    12 Apr 2014 | 7:01 am
    One of the most troubling aspects of divorce is knowing that your children will be out of your care. Even if you trust your former spouse, you may not trust a new partner, step-parent or other caretaker you don’t have the opportunity to vet. In a troubling case, a young boy was finally released to his biological mother after a year of abuse and captivity. The case raises issues about custody, abuse, and the potential danger of abusive step-parents. Our Birmingham family lawyers understand the complexity and emotional issues surrounding custody cases. We are also dedicated to protecting the…
  • “Conscious Uncoupling”—Not Just for Gwyneth

    Steven Eversole
    9 Apr 2014 | 12:32 pm
    As news of Gwyneth Paltow’s divorce hit the internet—so has the phrase “conscious uncoupling” to describe her separation. While the expression may sound too good to be true when headed towards divorce, there are ways that you too can minimize the stress of a divorce and find the best possible solutions for your family. Every year, thousands of married couples will realize that divorce is the best option. When you make the decision to get a divorce, there are steps you can take to leave the marriage in the best possible position, for yourself and your family. No one enters marriage…
  • Study: Divorce is on the Rise

    Steven Eversole
    6 Apr 2014 | 6:53 am
    Most sources put the divorce rate at around 50%, adjusting for age and other demographics. A new study published by the Minnesota Population Center and featured in Time Magazine, shows that the divorce rate may be higher than initially expected, especially among older couples. Every couple may hit rocky points, but nearly half of married couples reach the point where they are ready to call it quits. This could be even more likely in second marriages and for older couples. New statistics show that while divorce rates may be lower among young couples, this doesn’t mean that families are more…
 
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    Domestic Diversions

  • Essentials, priorities and lifestyle choices: How to set up a quick budget

    David C. Sarnacki
    1 Apr 2014 | 4:40 am
    LearnVest offers a simple budgeting rule to apply instantly to your household. Your take-home pay is allocated among three categories: essentials [50%], priorities [20%], and lifestyle choices [30%]. Laura Shin writes (excerpt): The 50/20/30 Rule can be easy because instead of telling you how to break down your budget across 20 or more different categories (who [...]
  • Graceful disagreement: Guidelines for giving and taking honest feedback

    David C. Sarnacki
    30 Mar 2014 | 4:48 am
    On Being highlights the work of Brené Brown and offers us guidance on compassionate criticism. Mariah Helgeson writes (excerpt): I’m ready to sit next to you rather than across from you. I’m willing to put the problem in front of us rather than between us (or sliding it toward you). [...]
  • A Journey: From nursing to foster caring to parenting to individual adoptions to family

    David C. Sarnacki
    22 Mar 2014 | 5:10 am
    Senior Judge Bernard A. Friedman issued his decision after trial in DEBOER v SNYDER, Civil Action No. 12-CV-10285 (E.D. Mich. 2014). He determined that the Michigan Marriage Amendment, a 2004 voter-approved amendment to the Michigan Constitution prohibiting same-sex marriage, is unconstitutional. The lengthy opinion summarizes the holding as follows (excerpt)[citations omitted]: In attempting to [...]
  • What would you do with a $20 bill?

    David C. Sarnacki
    8 Mar 2014 | 12:21 pm
    CBS highlights superhero Myles Eckert, age 8.
  • Relationship building: Tips for difficult conversations

    David C. Sarnacki
    5 Mar 2014 | 11:19 am
    Today’s Love and Logic Insiders Club e-Newsletter featured tips that apply to make difficult conversations in life. The specific context was teacher-conferences, but it noted the interpersonal applications as well. Charles Fay excerpted some of his father Jim Fay’s advice (excerpt): • Remember that parents who look angry and resistant are usually hurting inside. • When we remember this, [...]
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    Florida Divorce & Family Law Blog

  • Same Sex Marriage and Divorce in Florida?

    27 Mar 2014 | 9:19 am
    Every now and then I come across an article that I think is interesting to the masses and not only to those people who believe that a divorce or separation is imminent. Today in Hillsborough County a same sex couple is attempting to dissolve their union that was solemnized in Massachusetts a few years ago. They have come to an agreement and are seeking an uncontested dissolution of their
  • 5 things that will drive divorcees nuts

    27 Nov 2013 | 7:25 am
    I Recently came across an article about the things that drive divorce people crazy. I find that the five things that his writer finds to be annoying about their own divorce to be truly universal with most of the people and cases that I deal with on a daily basis. I am constantly telling my clients to take the high road, to not get bogged down in the little stuff and that they should in all
  • Designation for other Legal Purposes v. School Designation

    14 Aug 2013 | 1:05 pm
    Florida is a progressive state in that it does not recognize a primary parent or even a majority parent. We have time-sharing of children and in most cases, except those very unique cases, the parties also share parental responsibility. Because Florida is a progressive state, and because other State and Federal Laws have not caught up to the laws here in Florida, there is a requirement that
  • Monkey in the Middle

    30 Jul 2013 | 1:49 pm
    Hi folks and happy summer!! I have been painfully absent from this blog for months and apologize for those of you who have been avid readers and like to know "what's new" in Florida family law. I'd like to take the opportunity to welcome, Josh Martell, Esquire, to our firm who will be assisting with our practice, and will also be providing his services in the area of criminal law. He will
  • Presumptive Best Interest of Child and Equal Time-Sharing

    22 Mar 2013 | 10:40 am
    There is no question that our family law statutes need to be reformed and that there is a great deal of "judicial discretion" in family law matters. Often times, the outcome of your case depends more on the judge that you have been assigned than the facts of your particular case. If you were to have your case in front of one judge, the outcome may be very different if you were to have your
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    Pennsylvania Family Law

  • MAKE APRIL 11 YOUR TAX DAY

    Mark Ashton
    4 Apr 2014 | 11:25 am
    It isn’t just the accountants who suffer in April.  Not that they garner much sympathy but lawyers who do divorce work are also afflicted by a tsunami of telephone calls that begin a couple days before April 15.  Most begin with:  “My spouse is in the driveway demanding that I sign the returns he just picked up from the accountant.  What should I do?” The calls are menacing because you can feel the tension through the phone.  You also know that you really cannot help.  The lawyer doesn’t know what the return says so we have no idea what to tell the client.  So here are our tax…
  • A PAGE TURNER OPINION FROM MONTGOMERY COUNTY REMINDS US OF WHAT IS AND ISN’T RELEVANT IN A CUSTODY CASE

    Mark Ashton
    1 Apr 2014 | 11:36 am
    One of the most difficult concepts for lay persons to understand in the law is the rule stating that only relevant evidence is admissible in judicial proceedings.  The concept would seem self-evident as no one would disagree with the principle that courts should not waste time considering irrelevant evidence.  But when faced with a case that directly affects them, lawyers and clients alike tend to want to blur the line because we want to prove to the world that our opponents are somehow unscrupulous or at least unworthy to win a legal point. My own episode came last week in a custody…
  • ARE BITCOINS AND OTHER CRYPTOCURRENCIES THE NEXT SWISS BANK ACCOUNTS?

    Mark Ashton
    31 Mar 2014 | 1:31 pm
    We all know the French proverb; the more things change the more they stay the same.  It has a place in the current controversy over the sudden collapse of Bitcoin’s leading dealer, Mt. Gox. Bitcoin is a virtual or cryptocurrency.  It is an asset that a customer holds in a form where only the asset holder and the person with whom he transacts are aware. Bitcoins are created through a process termed “mining” by which an investor typically puts up cash in exchange for debits logged on an electronic ledger. Mt. Gox was the largest of the exchanges offering to buy or sell bitcoins at…
  • SUPERIOR COURT: NO CUSTODY FACTOR ANALYSIS IF CUSTODY AWARD UNAFFECTED

    Aaron Weems
    13 Mar 2014 | 1:38 pm
    A Superior Court opinion was handed down on February 4, 2014 addressing the issue as to whether or not a trial court must address all 16 factors enumerated in 23 Pa. C.S.A. §5328 when the custody hearing is only considering a “discreet and narrow issue ancillary to a materially unchallenged custody arrangement.” That this question exists is due, in large part, to some of the ambiguity that exists surrounding the custody statute which was amended in 2010. Within that amendment, it was established that there were 16 factors which should be utilized in deciding a custody case. When making…
  • RULES ARE RULES: SUPERIOR COURT SLAPS COUNSEL FEES ON PARTY APPEALING HIS OWN MISTAKE

    Aaron Weems
    7 Mar 2014 | 2:39 pm
    Not the best use.. A very interesting opinion recently came down from the Pennsylvania Superior Court awarding attorney’s fees in a divorce case. This case is a non-precedential opinion, meaning it cannot be cited as establishing law on the issue, but it is emblematic of the risk one runs if you do not follow the rules. The parties, two attorneys, in fact, had resolved their divorce by way of a Marital Settlement Agreement in March 2011, about two years after the wife filed for divorce. They also had a prenuptial agreement, so the distribution of their estate was addressed in a…
 
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    Family Law Guy

  • Child Support Obligation After Death of the Child

    7 Apr 2014 | 4:30 pm
    David A. Shane, now 47 years old, was convicted in 1997 of the 1994 murder and feticide of 23 year old Nicole Lynn Koontz who was seven months pregnant with Shane’s co-defendant’s, Robert L. Hicks’, child. Shane is serving a 60 year sentence for the crime. Shane and his ex-wife divorced in 1990 and have a daughter Ashlie born in 1988. He was ordered to pay $67 per week in child support.
  • Update on the Pelletier Case

    1 Apr 2014 | 1:27 pm
    This is a follow up to one of my older blogs about Justina Pelletier, the 15 year old Connecticut teenager who suffers from some psychiatric and physical medical issues. Justina was removed from her parents’ custody while receiving medical treatment at a Boston area hospital and temporarily placed in the custody of the state.  Last week, Massachusetts Juvenile Court JudgeJoseph Johnston
  • "Domestic Violence" and "Disturbing The Peace": How Should They Be Defined?

    31 Mar 2014 | 5:27 pm
          California’s Domestic Violence Prevention Act (“the DVPA”) was intended to streamline and simplify the process of protecting victims, including children, from familial abuse.   Two recent cases have blurred the definition of “domestic violence” to a point where it is now difficult even for experienced lawyers to predict, in a given case, whether particular conduct rises to the level at
  • Interesting Discussion of Orthodox Judaism And Divorce

    28 Mar 2014 | 4:23 pm
    from Alex Leichter With a tip of a (very stylish) hat to her.
  • Recovery under the Hague Convention

    26 Mar 2014 | 4:12 pm
    Christian Nørgaard, a Danish computer science engineer was working in California when he met and married Tammy Zied, a software engineer. They married in Redwood City, California and had two daughters, Mia and Sarah, both born in California. The family moved to Germany then Denmark for Christian’s employment.  While living in Denmark, the couple separated and in 2012, the Danish courts
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    Rochester Family Lawyer

  • Transmutation of Separate Property into Marital Property

    alexkorotkin
    23 Mar 2014 | 7:16 pm
    One of the basic theories in equitable distribution and divorce litigation is that of transmutation. Transmutation theory holds that by their actions, the parties are able to modify the status of the property they own from separate property to marital property. Most of the time transmutation occurs when the parties commingle separate property with marital property or place what otherwise be separate property into both parties’ names.  This was demonstrated in Fehring v. Fehring, 58 A.D.3d 1061 (3rd Dept. 2009), where the money received on account of personal injuries by the husband,…
  • Minors and Rescission of Acknowledgment of Paternity

    alexkorotkin
    2 Feb 2014 | 2:20 pm
    A recent bill signed into law by Governor Cuomo, allows minors who acknowledged paternity of their children to have a brief period of time when they turn 18 to seek to rescind that acknowledgment . Family Court Act §516-a will permit young men who signed the acknowledgment of paternity up to 60 days, starting on their 18th birthday, to file a petition seeking to vacate. Under the present law, if someone over the age of eighteen has signed an acknowledgment of paternity, the signatory may seek to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment…
  • Update on Duration of Maintenance

    alexkorotkin
    26 Oct 2013 | 1:45 pm
    When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula or specific rules for establishing spousal maintenance post-divorce in terms of both amount and duration. Thus, family law attorneys have to rely on court decisions as a basis for estimating likely spousal maintenance awards. In Monroe County, in a typical maintenance case, it is likely that a spouse who is entitled to receive maintenance is likely to receive spousal…
  • Shared Custody and Child Support – Number of Overnights Controls

    alexkorotkin
    2 Sep 2013 | 6:12 pm
    I have previously written about the case of Baraby v. Baraby, 250 A.D.2d 201, 681 N.Y.S.2d 826 (3d Dept, 1998), where the Appellate Division held that in an equally shared custody case the parent who has the greater income should be considered the noncustodial parent for purposes of child support. This has been the rule in shared custody cases for the last 15 years. However, in a recent decision, Rubin v. Salla, 107 A.D.3d 60 (N.Y.A.D. 1 Dept. 2013), the Appellate Division held that based on the plain language of the Child Support Standards Act, that a custodial parent cannot be directed…
  • Future Changes to Spousal Maintenance

    alexkorotkin
    9 Jun 2013 | 8:23 pm
    When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula or specific rules for establishing spousal maintenance post-divorce. At the same time, the Legislature directed that a law revision commission be set up to review New York’s spousal maintenance law and make recommendations to the legislature with regard to potential changes. On May 15, 2013, the Commission issued its “Final Report on Maintenance Awards in Divorce…
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    Fort Lauderdale Divorce Lawyer Blog

  • Florida Appeals Court Nixes Father's Relocation of Children to New Jersey

    14 Apr 2014 | 8:06 am
    A father's desired move with his two sons from Florida to New Jersey fell flat because, although he persuaded a trial court judge to OK the relocation, the trial court order failed to make findings that the move benefited the children. The 5th District Court of Appeal reversed the ruling, stating that the evidence in the case demonstrated a move in the best interest of the father, not the children. After Maxwell and Sandra Albanese separated early in 2013, a trial court entered an order establishing the pair's equal time-sharing of their two children. A few months later, the husband sought…
  • Appeals Court Rejects Magistrate's Use of Personal Experiences and Tax Guide to Modify Husband's Child Support Obligation

    7 Apr 2014 | 8:47 am
    A magistrate judge modified a husband's child support obligation, in part, due to the magistrate's own opinions about the wife's true income as a nail salon worker, in addition to relying on outside sources like an IRS tax guide. Because these were not proper bases for making a determination, the 4th District Court of Appeal reversed the lower court's ruling favoring the husband. When Ralph and Debra Glaister divorced, their marital settlement agreement that listed several events that would terminate the father's child support obligation for the couple's two children, including eighteenth…
  • Wife's Child Support Motion Unraveled by Late Filing

    26 Mar 2014 | 10:41 am
    A husband succeeded used a procedural basis to persaude the 4th District Court of Appeal that it should revive a reduction of his child support. The appeals court concluded that the husband was correct that the man's ex-wife's trial court motion, which sought to reinstated his original, higher support obligation, was filed too late and should have been rejected as untimely by the trial court. Richard and Theresa Kozell's family law dispute arose after the husband suffered a decrease in income and asked a Palm Beach County Circuit Court to reduce his child support obligation. On Feb. 3, 2012,…
  • Government Stipend Prevents Parent from Collecting Support for Adopted Child

    19 Mar 2014 | 12:03 pm
    An ex-husband successfully secured primary physical custody of the four children he shared with his ex-wife, but failed to persuade a trial court to order his ex-wife to pay child support on all four children. That's because a governmental agency already paid a monthly stipend for the fourth child and, since the trial court's custody modification order gave that stipend to the husband, a Florida appeals court determined that it was not improper to refrain from making the ex-wife pay child support on that child. J.L.B. and his wife, S.J.B., divorced in 2008. Initially following the divorce,…
  • Domestic Violence Injunction Against Florida Congressman Dropped at Wife's Request

    12 Mar 2014 | 10:16 am
    A Florida Congressman noted for his provocative rhetoric, particularly regarding his political opponents and women's issues, scored a legal victory when his estranged wife chose to file a voluntary dismissal of her domestic violence injunction petition. Police officials previously announced that they would not pursue criminal charges against the Congressman for the incident, WESH-TV reported. The dismissal likely brings to an end any potential legal troubles for Rep. Alan Grayson of Orlando with regard to a recent dispute between the Congressman and his estranged wife. The Congressman and his…
 
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    Ohio Family Law Blog

  • Military: Immigration Citizenship Laws for Family Members

    Robert L. Mues
    19 Apr 2014 | 1:36 pm
    Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal Status’ If They Are Family Members Of A U.S. Military Service Member. Memo Could Affect 65,000 Military Immigrants A memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.
  • Divorce: Addressing High Conflict Cases – Tips and Strategies

    Anne Shale
    12 Apr 2014 | 3:02 am
    High Conflict Divorce Tied With High Conflict Personalities According To Therapists On March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the…
  • Custody Issues: How To Avoid International Child Abduction

    Guest Contributor, Judianne Cochran
    5 Apr 2014 | 2:38 am
    Important Custody Steps to Take to Avoid Child Abduction Overseas Strong Custody Prevention Key In Avoiding International Child Abduction Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio. This is a follow-up article to Parental Abduction: Prevention and Remedies posted by Judi on October 31,…
  • Supervised Visitation and the Role of Human Service Departments

    Guest Contributor, Daniel Pollack
    29 Mar 2014 | 12:43 am
    What Are The Basic Types And Goals Of Supervised Visitation? Supervised child visitation can be indicated in cases involving custody; shared parenting; grandparent custody or visitation; divorce; legal separation; post-decree matters; emergency custody situations; abuse/neglect/dependency cases; concerns about parental abduction; and, reintroduction of a parent after a long absence. Child visitation can be restricted or denied if a court finds that allowing regular visitation would endanger a child’s physical or emotional health.  In numerous situations, courts may order child…
  • Custody Case Change – The Requirements

    Robert L. Mues
    22 Mar 2014 | 1:16 am
    What Legal Requirements Must Be Established For A Custody Case Change In Ohio? This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”. In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case. If you are looking to modify your divorce decree, one of the first major obstacles you…
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    NJ Family Legal Blog

  • SHOULD YOU LEAVE WITHOUT BUTTONING DOWN THE DEAL?

    Eric S. Solotoff
    15 Apr 2014 | 7:39 am
    During the current football free agent season, you hear the pundits frequently say that if you get a free agent that you want to sign in your building, don’t let him leave without a deal.  Why?  You don’t want them to get wooed by some other team or have second thoughts.   How does this apply to divorce, you may ask? The case has been going on a long time.  One or both of the litigants or opposing counsel is difficult.  You are finally all together at a settlement conference, mediation, Intensive Settlement Conference at court.  Much to your surprise, real progress toward…
  • REDEFINING YOUR EXODUS: WHAT DIVORCING COUPLES CAN LEARN FROM ARRANGED MARRIAGES

    Eliana Baer
    15 Apr 2014 | 6:54 am
    Passover begins this Monday night.  It is the commemoration of Jewish liberation from slavery in ancient Egypt. Some call it the season of freedom; many believe that, with the thawing of winter and transition into spring, it is a time to reevaluate the direction of our lives and have our own personal exodus from those people or experiences that are no longer healthy or beneficial. (photo courtesy of freedigitalphotos.net) For many readers of the blog, that means transitioning from marriage to single life; from stability to shaky footing; and from loving your partner to…well…not. However,…
  • KILL THE GOOSE THAT LAID THE GOLDEN EGG AT YOUR OWN PERIL!

    Eric S. Solotoff
    9 Apr 2014 | 7:33 am
    We see it all of the time.  Your spouse cheated and more than that, spent a lot of money on that #%!@@@ (add your own derogatory word here.)  Your say that your spouse is a terrible parent, a drunk, an addict, beats you and the kids, etc.  You say that your spouse is alienating you from your kids.  Your spouse cheats on his taxes and you can prove it.  Some or all of these things, if true, may have some relevance in a court  to properly address issues in your divorce case. On the other hand, should you be blabbing these things all about town?  Sure it may make you feel good if…
  • USE OF MEDIATION AS A STRATEGY

    Eric S. Solotoff
    31 Mar 2014 | 11:25 am
    We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement.  In particular, there is mandatory custody mediation, mandatory Early Settlement Panels (MESP), mandatory economic mediation, Blue Ribbon Settlement Panels, intensive settlement conferences (ISPs or ISCs depending on the county) and the like.  With all of these “mandatory” events, you get the picture. Courts even have the power to send cases to MESP and mediation in post-judgment matters.  In fact, it sometimes…
  • The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

    Seth Parker
    31 Mar 2014 | 6:04 am
    In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going through a divorce? This emotive calculus is best typified by a phenomenon that I have witnessed during my career, which only perpetuates the Apollo archetype. One does not even need to see the Wolf of Wall Street or Mad Men to appreciate this…
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    Lewis Kannegieter Law, Ltd.

  • Why Every Adult Must Have a Health Care Directive

    JRLK
    14 Apr 2014 | 8:00 am
    As an estate planning and family law attorney I cannot urge people enough to make sure their wishes are documented and, more importantly, their families are protected and prepared. A valid Health Care Directive is a critically important document that is so easy to get. It can truly make a world of difference for your family during what is an already difficult time. A Health Care Directive will provide your family with peace of mind, knowledge of your wishes, medical directives, information, and avoid potential fights or the need for court proceedings. Without a Health Care Directive your…
  • How to Find a Lawyer

    JRLK
    31 Mar 2014 | 8:00 am
    Once you have decided you need a lawyer, the next question is how do you find a lawyer? There are many different ways to find a lawyer, each with their own advantages and disadvantages. Here are some of the most common ways to find a lawyer: Referrals from Friends and Family By asking friends and family members for referrals, you are getting a recommendation from trusted people who know you, will know what you are looking for in a lawyer, and what personalities you “click” with. However, don’t let referrals from friends and family be the end all be all in finding your lawyer. Your…
  • I just want a cheap and easy divorce!

    JRLK
    17 Mar 2014 | 8:00 am
    A common theme among many going through a divorce is the desire to have a “nice” divorce in the most cost-effective way possible. There are many different opinions on how to accomplish this. Today I will explain five options and give some pros/cons for each. I will start off with two general caveats. First of all, I would encourage everyone to at least consult with an attorney before signing any agreements or finalizing the divorce. Know your legal rights, understand what you are giving up, and be aware of any long term consequences. Secondly, realize that both parties must be willing to…
  • Do Your Family A Favor

    JRLK
    3 Mar 2014 | 8:00 am
    The best thing you can ever give someone you love is peace of mind.  Stress and uncertainty can take a toll on all of us, the comfort and reassurance that comes from a well thought out plan can go a long way of relieving the burden. Update Your Will.  Hire an attorney who will really take the time to explain the documents to you.  Make sure your documents are up to date and make sense to you. Discuss Your End of Life Health Care Preferences. While you still can, share your preferences with your loved ones on how you would like to be treated.  What type of pain management would you want? …
  • Undestanding the difference between the emotional divorce and the legal divorce

    JRLK
    17 Feb 2014 | 8:00 am
    In the divorce seminars I teach and in my initial consultations with clients, I often talk about the difference between the emotional divorce and the legal divorce. I am an attorney, it is my job to help with the legal divorce; to help my clients get through the court process and settle issues related to property and debt division, spousal maintenance, and child custody and support. The legal divorce is the easy part. The emotional divorce is the difficult part. This is the side of the divorce that is wrapped up in all of the emotions surrounding the relationship. The disappointment, the…
 
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    Durham Family Law Journal.com

  • DOMESTIC VIOLENCE - A Persisitent Threat to Women in the USA

    24 Mar 2014 | 7:11 am
     In a recent New York Times OP-ED Nicholas Kristof informs us that in the United States, domestic violence claims the life of an American Woman every six hours and strikes 25% of all American women in their lifetimes.  Such shocking statistics clearly demonstrate that this is a huge problem which deserves very serious attention.  Mr. Kristof identifies 3 steps that are needed to fight this plague:First, we must end the silence. victims must be encouraged to report violent episodes and then given support once they have done so.Second, we must ensure the law…
  • What is the role of the custody evaluator?

    21 Jan 2014 | 6:56 am
    I just finished reading an excellent article  by Gary Direnfield, MSW, RSW entitled Unraveling Custody/Access Assessments/Evaluations.  In this article Gary provides his reader with a succinct explanation of the role and responsibility of the evaluator as well as explaining when and how custody evaluations come about.  The important take away is that parental action or sometimes, inaction lies at the base of the need to call in a custody evaluator and that always it is best for parents to come to their own parenting decisions rather than place the burden on the Court. …
  • Happy New Year!

    3 Jan 2014 | 1:04 pm
    2013 was not a blogging year for me.  2014 will be different as I set the intention to post a new article at least once per month.  If there are topics you would like for me to address please send your suggestions to me at mnm@milamidol.com with the Subject Line: Blog suggestions.
  • Happy Father's Day

    15 Jun 2012 | 8:17 am
    In an article in the June 14, 2012 New York Times, Dominick Zarrillo's column about himself and his son epitomizes the essence of a father's love for his son.  I hope you will read the articel and be inspired just as i was. Happy Father's Day to all the Dads and the Dad-to-Be!
  • 401(k)s and Divorce

    5 Jun 2012 | 12:00 pm
    Here is a link to a recent articlein the Wall Street Journal concerning dividing 401(k) accounts incident to divorce. 
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    Iowa Law Blog

  • Cats, Dogs and No Contact Orders.

    Chris Knauf
    15 Apr 2014 | 2:49 pm
     In the coming months, victims of domestic abuse may have one less deterrent from seeking out necessary help and protection. Under Senate File 2118, "pets or companion animals owned or held" by the parties to a domestic abuse protective order may be awarded to a protected party, giving them "exclusive care, possession or control" of the animal in question. Though the House has sought (unsuccessfully, to date) to expand this Bill to include personal property of sentimental or emotional significance, it appears both the House and Senate have recognized the concern and…
  • Conducting an Investigation

    Liz Overton
    11 Apr 2014 | 2:31 pm
    An employee just made a complaint of harassment or discrimination. You know you have a duty, as the employer, to investigate the employee’s complaint, but aren’t entirely sure how to conduct the investigation. Here are a few tips: 1. Understand the complaint. Take time to listen to the employee’s complaint. Understand what the employee is telling you by asking open-ended questions. Tell the employee that you are glad they brought the problem to your attention and you intend to act upon the complaint. Consider whether the complaint, if true, violates the law or company…
  • How to Navigate Divorce in a Healthy Way

    Samantha Gronewald
    17 Mar 2014 | 9:04 am
    Making the decision to end your marriage can be a very emotional experience.  Oftentimes, the emotions associated with ending your marriage result in anger and/or resentment toward your soon-to-be ex-spouse which in turn can make a difficult situation even more difficult.  During this time, it is important to remember that communication and cooperation, particularly if you have children, can make the experience less traumatic for everyone involved.  In my experience, parties that have negotiated their own settlements with the assistance of counsel, leave a marriage with a much…
  • What do Paralegals do Anyway?

    Shari Turner
    28 Feb 2014 | 9:01 am
     As a Paralegal, I’m often asked what paralegals do.  A Paralegal or Legal Assistant (the terms are used interchangeably) is a paraprofessional whose duties are not really understood by the general public.  For this reason, I think it’s worthwhile to explain not only what a paralegal does, but how we are utilized at Sullivan & Ward, P.C., to help serve our clients in the most efficient way. The American Bar Association defines a paralegal as follows: A legal assistant or paralegal is a person qualified by education, training or work experience who is employed or…
  • The Best Lawyers in America

    Samantha Gronewald
    21 Aug 2013 | 8:29 am
    Mark Landa has been selected by his peers for inclusion in the 20th Edition of The Best Lawyers in America in the practice area of Environmental Law, an honor that he has received each year for more than a decade.  In addition, Mark has been named the Best Lawyers' 2014 Des Moines Environmental Law "Lawyer of the Year."
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    Pink Tape

  • Et Voila! C’est Ici! Finalment!

    familoo
    16 Apr 2014 | 2:36 pm
    No, I’m not sure why it’s in French either. But voila all the same. Or Abracadabra. The mystery of quite how a custody residence or access contact order will be treated in the era of the Child Arrangements Order and how it might transform itself into the fundamentally different CAO is a mystery no more. For, it seems, such old orders will morph themselves as if by magic, without so much as an issue fee or a puff of smoke, into an equivalent CAO. This much was promised in the guidance notes to the Act when it was a mere Bill, but the promise is now made flesh. And they will do…
  • Come In Number 1 Your Time Is Up

    familoo
    6 Apr 2014 | 3:44 pm
    Last October The President promised me an interview. I compiled a list of questions thunk up by me or suggested by colleagues and Pink Tape readers. The observant and slightly sad amongst you will have noticed the absence of the much trailed Presidential Scoop on the pages of PT. I have no doubt that the Pres has a massive and mind boggling workload, and no illusions that my piddling interview is at the top of his to-do list and so, although he has been courteous enough to apologise for the delay more than once, I have reached the conclusion that waiting any longer is not within my…
  • Everything is Awesome When You’re Part Of A Team!

    familoo
    31 Mar 2014 | 2:53 pm
    In our house the Lego Movie is the hot flick of the season. Along with it’s excruciatingly aweFUL theme song and fatuous lyrics (which those of you with kids will recognise from the title of this blog post – I can visualise you wincing as you read it) and impossible to source merchandise. There is also some mild amusement at the fact that Mummy is in a film, but in truth I cannot hold their attention as I do not perform Spinjitsu moves in said film. Nor does the fact that Mummy’s film is a video that will be on YouTube cut much ice. I cannot compete with Stampy Longhead and…
  • More DV – Tinkering with scope

    familoo
    27 Mar 2014 | 4:49 am
    A new amending SI has just popped up over on legislation.gov.uk, amending regs 33 and 34 of the Civil Legal Aid (Procedure) Regulations 2012 – these are the ones which set out the evidence requirements where LASPO brings victims of dv and protective parents in child abuse cases into scope for private law family applications. Some tightening / constriction of eligibility and some sensible clarification / expansion of availability. This is a topic under recent discussion through the comments to this post. Make sure you are up to speed with these. Having just rewritten the chapter in…
  • News in inverted commas

    familoo
    27 Mar 2014 | 4:25 am
    So, Her Majesty’s Inspectorate of Police have concluded in a report that Police responses to domestic violence are patchy. This is news? We all know that the range of responses to dv ranges wildly from the enlightened, responsive and professional to…well…not that at all. For those of you who would like to read the actual report, rather than just the BBC or press coverage of the report and people’s responses to it – you can find it here. Sadly, it took me so long to track down the blimping thing on the gargantuan “clean themed” but utterly opaque…
 
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    Maryland Divorce Legal Crier

  • Texter Beware

    James J. Gross
    11 Apr 2014 | 12:17 pm
    Louis J. Billittier Jr. bought a diamond engagement ring for his fiancé.It was almost 3 carats and it cost him over $50,000. Then he broke off the engagement by text message.And he followed it up with another one, possibly trying to calm her down, which he now wishes he had never sent. He said, “Plus you get a $50,000 parting ring. Enough for a down payment on a house.” Under New York law, the man usually gets the engagement ring back if there is no wedding.But when Louis decided he wanted the ring back, Judge Russell P. Busglia found “The text messages … have persuaded this court…
  • Blame It on the Boomers

    James J. Gross
    31 Mar 2014 | 12:58 pm
    Divorce is on the rise among baby boomers. A study analyzing divorce rates for different age groups finds the divorce rate has risen by 40% since the 1980s. “The Baby Boom generation was responsible for the extraordinary rise in marital instability after 1970,” the study says. “They are now middle-aged, but their pattern of high marital instability continues.” Younger Americans, on the other hand, tend to have a much lower divorce rate than the boomers.One reason is that they are waiting longer to get married and are more likely to live together longer before marriage. .
  • Conscious Uncoupling

    James J. Gross
    28 Mar 2014 | 8:32 am
    Actress Gwyneth Paltrow and musician Chris Martin, announced their conscious uncoupling this week in a joint post on Goop, Paltrow’s lifestyle website Conscious Uncoupling is a five step program by LA therapist and author, Katherine Woodward Thomas, available online, to “release the trauma of a breakup, reclaim your power and reinvent your life.” Most marriage counselors work with couples to repair a marriage but some will help them untie the knot.One blogger called it her unengagement from marriage.  See How to Decathect.
  • Seven Tips for Prenuptial Agreements

    James J. Gross
    27 Mar 2014 | 6:22 am
    Guest post by Brandon A. Bernstein, an experienced divorce lawyer in Maryland, who helps clients with a wide range of family law issues, including divorce, prenuptial and separation agreements, child support and custody, and more. Mr. Bernstein was named to the 2014 Super Lawyers Rising Stars list in Maryland. His practice, the Law Offices of Brandon Bernstein, is based in Bethesda. Prenuptial agreements may be regarded as taboo or unapproachable for some people, especially those who consider themselves to be in happy, positive and lifelong relationships.  However, prenuptial agreements have…
  • You Are What You Watch

    James J. Gross
    12 Mar 2014 | 11:32 am
    Exponential Interactive says it has determined from analyzing online behavior that fans of The Bachelor tv show are 14.5 times more likely to be interested in divorce. “When we say they are 14.5 times more likely to be interested in divorce, it means that our Bachelor fan is 14.5 times more interested in divorce-related topics than the average Internet user across our network,” says Byran Melmed, Director of Insights at Exponential. The analysis showed that Bachelor fans share other characteristics as well.
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    Fathers' Rights Not Just Every Other Weekend

  • Custody of Children

    James J. Gross
    2 Apr 2014 | 8:21 am
    Guest post by David Williamson Mothers Obtain Child Custody More Often than Fathers In 82% of cases, mothers get custody of the children.  One reason for this may be, that On a purely statistical stand point, mothers are the primary up-bringer of the children (data:  2009). Even in cases where both parents work, statistics show mothers spend twice as much time engaged in primary childcare responsibilities than the fathers with mothers at 12.9 hours a week and fathers at 6.5 hours. Court Involvement in Child Custody In terms of how courts involve themselves in the custody process, a mere 4%…
  • How I Got My Son to Do His Homework with a Poem

    James J. Gross
    24 Feb 2014 | 9:57 am
    Today is my day to take my 10 year old son to school.I told him his mom left instructions for me to make sure he does his spelling. “Why?” he said.“The test is four days away.” “Theirs not to reason why.Theirs but to do and die,” sprung from my lips before I could think about it. “What?” he asked. “It’s from a poem by Alfred Lord Tennyson, Charge of the Light Brigade,” I answered.  I looked it up on the Internet and read it to him: Half a league, half a league, Half a league onward, All in the valley of Death Rode the six hundred. “Forward, the Light Brigade!
  • States Consider Shared Parenting Laws

    James J. Gross
    7 Feb 2014 | 12:32 pm
    Arkansas passed a law last year providing for “approximate and reasonable equal division of time” of children between parents in divorce proceedings. The Connecticut General Assembly has created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children. The Maryland General Assembly created a Commission on Child Custody Decision Making last year. Florida pass a shared parenting bill last year, but it was vetoed by Republican Gov. Rick Scott. Minnesota passed a bill in 2012 that…
  • Kansas Sperm Donor Sued for Child Support

    James J. Gross
    24 Jan 2014 | 12:22 pm
    William Marotta of Topeka, Kansas, answered an ad on Craigslist to be a sperm donor for a lesbian couple who wanted a child.He signed a contract saying he would have no parental rights nor responsibilities. Following the birth, the mother, the child’s mother, Jennifer Schreiner, applied for public assistance.The Kansas Department for Children and Families has paid her about $6,000 in public assistance.That agency filed suit against Marotta to recoup the money saying that he owes back and future child support. Besides the contract, there is a law in Kansas that exempts sperm donors from…
  • New Divorce Documentary

    James J. Gross
    2 Jan 2014 | 11:55 am
    A documentary, “Divorce Corp.”, narrated by Dr. Drew Pinksky, opens in 16 cities this month. The movie exposes some unethical and corrupt practices in the $50 billion divorce industry. Some women’s rights organizations have called for a boycott of the film because they say it dwells too heavily on father’s rights. Watch the trailers.
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    Family Law Source by Brian Vertz

  • Suspicion of Fraud Will Not Defeat Divorce Settlement Agreement

    Brian Vertz
    14 Apr 2014 | 11:49 am
    Couples who have settled their divorce in Pennsylvania may recall that divorce settlement agreements are final and enforceable only if there has been a full and fair disclosure of marital assets. A recent decision of the Pennsylvania Superior Court tests this principle in a case where one spouse suspected that her husband may have been less than honest in disclosing his net worth. In Ford v. Ford, the wife petitioned the divorce court to set aside her settlement agreement eight years after it was signed. (One might speculate that her ex husband was living better than she expected after the…
  • Child Custody Alienation Tactics Backfire

    Brian Vertz
    10 Apr 2014 | 2:39 pm
    Parents who are facing custody disputes in Pennsylvania may be interested in understanding how child alienation tactics are viewed by judges in Pennsylvania courts. A recent decision of the Pennsylvania Superior Court (unpublished) illustrates the perils that may befall a parent who engages in alienation tactics.  In B.E. v. D.N., No. 1894 EDA 2013 (April 9, 2014), a mother lost custody of her children, ages 12 and 9, when the court found in 2010 that she had alienated the children from their father, resulting in psychological damage. Mother had coached the kids to hate their father, refuse…
  • 16-Factor Custody Analysis Not Always Required, Says Superior Court of PA

    Brian Vertz
    4 Feb 2014 | 9:00 am
    Presumably, opinions of the Superior Court are published when, in the estimation of the Court, they articulate important principles of jurisprudence. So, the Superior Court was sending a message to family law practitioners when it chose to publish M.O. v. J.T.R., 2014 Pa.Super. 15 (February 4, 2014). M.O. is a custody case in which Mother and Father were divorced parents of one emancipated daughter and two minor sons.  When they were divorced six years ago, Mother and Father entered into an Agreed Parenting Plan Order in Tennessee, giving primary physical custody to Mother and partial…
  • Prenup Interpretation is Controlled by Context

    Brian Vertz
    20 Jan 2014 | 9:50 am
    A non-precedential decision of the Superior Court, Morabito v. Morabito, No. 878 WDA 2013 (January 17, 2014) might provide a little window into the minds of our judiciary when interpreting prenuptial agreements.  The marriage in this case lasted nearly twenty years before the wife filed a complaint in divorce.  Wife initially challenged the validity of the prenup, but soon conceded that it was valid and enforceable. What Husband and Wife did not agree upon was an interpretation of the prenup’s provisions for dividing “joint property.” In paragraph 3, the agreement provided…
  • School Must Bus Kids to Both Parents’ Homes in Shared Custody Case

    Brian Vertz
    13 Jan 2014 | 11:22 am
    In Watts v. Mannheim Twp. S.D., No. 935 C.D. 2013 (January 7, 2014), the Commonwealth Court was confronted with the issue of whether a school district must provide bus service to the homes of both parents who share custody of their children on a week on-week off basis. The school district filed the appeal, arguing that the School Code does not require it to provide transportation to a resident pupil to and from more than one location within the school district. Practically speaking, the school district objected because of concerns for the child’s safety and allocation of bussing…
 
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    Ontario Family Law Blog

  • Top Five Reasons Why You Need a Will

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

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

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

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

    Brian Galbraith
    11 Mar 2014 | 1:04 pm
    We often hear clients say things like the following.... “Last night, I searched through Anne’s emails on her computer, and this is what I found...”   “I found these letters between Frank and his lawyer...” “I installed spyware on Sue’s computer, and I’ve been recording her phone calls to Holly and Aiden, and you should hear them...” Our lawyer Toni Nieuwhof offers some advice about whether you should be spying on your spouse. Here is Toni's blog:  In today’s electronic age, when a marriage deteriorates into battle, these…
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    Blog entries

  • Tips for Enjoying Easter Weekend with the Kids

    18 Apr 2014 | 4:34 am
    By Katie DavisSpring has arrived, and you may be one of the dads that gets to have his kids this holiday weekend. Some families will be celebrating Easter, and others will just be spending quality time together.Whatever your current plans are this weekend, it’s important to make sureRead More...
  • How is Child Custody Affected By an Ex's Mental Health?

    18 Apr 2014 | 2:10 am
    Question:My wife and I are divorcing after being married for 6 months. I believe she  has undiagnosed personality and psychological disorders. She's also 30 weeks pregnant. I would like to file for joint custody of the child. I probably won’t fiRead More...
  • Unfair Tactics to Watch For in Child Custody Actions

    17 Apr 2014 | 1:12 am
    By Julie GarrisonDivorce and wrangling over child custody concerns is never pleasant. But in high-conflict divorces, things can rapidly escalate out of control with very little provocation. While most divorcing parents manage to maintain their moral principles and overall composure Read More...
  • Can My Wife Keep Kids From Me While I Serve in Iraq?

    16 Apr 2014 | 1:23 am
    Question:I am currently working in Iraq. My wife has told me she is moving out of our home and filing for a divorce.She has told me that a judge will not allow me to have our kids for more than seven days at a time. I have changed my schedule so that IRead More...
  • DadsDivorce Live: Are Divorce Rates Higher Among Baby Boomers?

    15 Apr 2014 | 4:00 am
    Pepper Schwartz has written nearly 20 books, including her most recent work "The Normal Bar." Recently, she wrote an article for CNN that explores increasing divorce rates among the Baby Boomers generation.Schwartz, a sociology professor at the University of Washington, shared her findinRead More...
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    Marilyn Stowe Blog

  • Step-father seeking adoption not required to notify biological father

    Stowe Family Law Web Team
    18 Apr 2014 | 11:00 pm
    A step-father seeking to adopt his wife’s child has been given permission to continue without notifying the biological father:- despite his having parental responsibility for the child, which would normally require him to be automatically joined into the proceedings. However in this complex case, the differences were highlighted between acquiring parental responsibility in a foreign jurisdiction (Thailand) and in England and Wales. As the biological father had not acquired parental responsibility under English law, it was not recognised for the purposes of English adoption law. As such, he…
  • MIAMS: Everything you need to know about a MIAM:- Mediation Information & Assessment Meeting

    Stowe Family Law Web Team
    17 Apr 2014 | 11:00 pm
    From 22 April the Mediation Information and Assessment Meeting (MIAM) will become a required step for anyone going through the end of a marriage or having a dispute with an ex regarding children. But what exactly is a MIAM and why are they now a compulsory part of the process? Essentially, a MIAM is of encouraging people to consider whether their dispute could be resolved through cost-effective mediation before it reaches the courts. The government hopes that compulsory MIAMs will prove to be an effective cost cutting measure for the court system. But what does that mean for those going…
  • Huge Changes sweep across the family law sector by Zoe White

    Stowe Family Law Web Team
    17 Apr 2014 | 10:55 am
    2014 seems to be the year for sweeping changes across the family law sector. The Marriage (Same Sex Couples) Act came in to force on 13th March 2014 and signalled the start of an unprecedented number of changes that are set to shake up family law. Next Tuesday – 22nd April – further changes will follow. These include: Single Family Court A single Family Court will come into existence, under section 31A of the Matrimonial and Family Proceeding Act 1984, as amended by the Crime and Courts Act 2013. This court will deal with all family proceedings, with only a small number of matters…
  • Co-op Legal Services reports loss of £22 million

    Tony Hudson
    17 Apr 2014 | 10:17 am
    The legal arm of the Co-operative Group has posted a £22 million loss for the year to 2013. It’s review highlighted the investment made into CLS’s fixed-fee family law businesses in 2013. This brought in £1.2m revenue in its first full year of trading; Co-operative Legal Services (CLS) incurred an operating loss of £9.1 million for the financial year 2013-14, flat turnover and a goodwill impairment of £13 million. CLS’s family law business also suffered a setback when the policy director left to run her own consultancy business. A financial statement released by CLS tried to…
  • What family lawyers were talking about this week…

    John Bolch
    17 Apr 2014 | 8:27 am
    Three drug, alcohol, paternity testing companies have gone into administration as a result of legal aid cutbacks. Trimega Laboratories Limited, Screensafe UK Limited and Ingemino Testing Services Limited went into administration on the 7th of April. Trimega Laboratories Limited, which operates out of Blackley, Greater Manchester, provides testing that supports decisions in child protection cases, offering services such as hair drug, alcohol and steroid testing, along with DNA relationship testing services. Last year legal aid was abolished for most private law family cases, and the amount…
 
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    Tripp Atkins, Greenville Divorce Lawyer, Greenville, SC Divorce Lawyer

  • When should you seek modification of your child support?

    Tripp Atkins
    14 Apr 2014 | 5:00 am
    A while back, I made a rare visit to the county jail to meet with a client.  Several years ago, he and his former wife reached an agreement in their divorce about custody, visitation and child support.  Things were pretty good – as far as divorces go. Fast forward a few years…his dependable job and income went away with the recession along with his income.  He wasn’t able to keep his bills current and he quickly fell behind in his child support.  He kept in contact with his former wife and did other things to try to help when he couldn’t make a child support payment.  But he…
  • What do I do about custody, visitation, property, and other issues while the divorce is proceeding?

    Tripp Atkins
    8 Apr 2014 | 6:47 am
    Oftentimes, there are issues that must be addressed early on in a case.  Some of those issues include custody of minor children, child support, visitation, determining who gets to reside in the marital home and spousal support.  This relief comes through a Temporary Order.  Either party may file what is called a Motion for Temporary Relief.  Once filed, a hearing will be scheduled and the motion must be served on your spouse at least five business days prior to the hearing.  South Carolina Family Court Rule 21 states that the only evidence the Judge will consider at the temporary hearing…
  • Almost Daily Inspirational Post: Happiness

    Tripp Atkins
    11 Feb 2014 | 10:47 am
    As you go through a separation or divorce mindset plays a key role in determining how you view the process, the outcome, and how you come out on the other side.  I plan to begin a new series with inspirational quotes to help keep you in a great mindset as you make your way through this process.  Here’s today’s first installment: “The happiness of your life depends on the quality of your thoughts.” – Marcus Aurelius You can make the choice to harbor resentment, anger, hatred, and other negative feelings or you can choose to focus on how your are going to move…
  • SC Separation and Divorce Essentials: Live Webinar

    Tripp Atkins
    10 Feb 2014 | 2:02 pm
    On February 26th at 12 PM, I’m hosting a free webinar about the essentials of Separation and Divorce in South Carolina, so: 1. You’ll discover the basics of South Carolina separation and divorce law so you can feel confident as you enter the process. 2. You’ll discover the legal process and timeline so you know what to expect as you enter this journey. 3. You’ll discover tips and strategies for dealing with your spouse on issues related to your separation and divorce. 4. You’ll gain helpful knowledge to help make better decisions as you navigate your divorce case. 5.
  • Potential Income Used for Calculating Child Support

    Tripp Atkins
    20 Jan 2014 | 1:15 pm
    Sometimes potential clients for issues of alimony or child support ask about what would happen if their spouse quit their job or was fired or laid off and their income dramatically changed. Typically, the other spouse threatens you by saying if you file for child support or alimony I will just quit my job and you won’t get any money from me.  Sometimes, the threat may be to just quit working the consistent overtime hours that are always available to significantly reduce the payor spouse’s income. Last year I represented a client whose husband of 30 years abruptly left the home,…
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    Scaling the Summit: Divorce, Families, & Options

  • Does Divorce Hurt Children?

    3 Apr 2014 | 8:41 am
    When parents are considering the D-word, they may have many fears, concerns and questions:  How will I afford a divorce?  How often will I see my children?  Where will I live? Will the divorce hurt my children?  For most parents this last question can be so concerning that it causes them to put off their divorce.  Even when a divorce is inevitable parents are often paralyzed by their fear of how the divorce may impact their children, especially when the children are young.  This fear is warranted because many parents significantly damage their children's…
  • Temporary Alimony is Distinct from General Term Alimony - According to SJC

    2 Apr 2014 | 9:35 am
    In September of 2011, the Alimony Reform Act was signed into law in Massachusetts, and it took effect on March 1, 2012.  We've previously summarized the many changes that this Act brought to Massachusetts Alimony Law: The New Massachusetts Alimony Law in a Nutshell.  As with many new laws, though, it raised as many questions as it answered.   Now that this law has been around for two years we are starting to receive answers to some of those questions from the Appeals Court and SJC. One of these questions was whether temporary alimony orders count against the duration of general…
  • Practical Tips for Completing the Massachusetts Family Court Financial Statement

    25 Feb 2014 | 8:57 am
    A financial statement is required in every divorce, paternity, and child support action in Massachusetts.   The financial statement is one of the most important papers that you will file with the Court.  A financial statement will be required every time you appear in Court when there is an issue relating to finances, and you must sign your financial statement under the pains and penalties of perjury that the information contained in the financial statement is complete, true, and accurate.In a divorce case, Massachusetts Supplemental Probate Court Rule 401 provides that, within 45…
  • Enforcing Parenting Agreements – What happens when the Plan Fails?

    18 Feb 2014 | 7:00 am
    "I think a plan is just a list of things that don’t happen.”– Parker in The Way of the GunOften when negotiating a parenting plan with clients, I point out that the actual written plan doesn’t dictate what happens.  It’s just a piece of paper.  Even when the court enforces the agreement that process takes time, effort, evidence, follow-up, and more time.  When both parents agree to guidelines for co-parenting that make sense to both of them, then they are more likely to end up with an actual plan that everyone buys into.   When parents can’t agree the result is…
  • What the Heck is Bitcoin?

    11 Feb 2014 | 11:34 am
    Bitcoin is a digital currency that is widely considered only for the tech-savvy and crazy libertarians.   At Kelsey & Trask, P.C. we've been accused of both of those, so why not own it!As of today, Kelsey & Trask, P.C. will be accepting Bitcoin as payment, in addition to cash, check and credit cards.If you're a Bitcoin user and a client of K&T, then you simply have one more option to pay your bill.If you don't know what the heck Bitcoin is, then we suggest you check out this recent video from Mashable: Everything You Need to Know About Bitcoin in 2 MinutesWe've previously…
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    Lawdiva's Blog

  • Hetero Couple Divorce in Order to Remarry as Same-Sex Spouses

    Georgialee Lang
    16 Apr 2014 | 3:39 pm
    Are you as confused as I am between sexual orientation and gender? Are you clear on what the difference is between transvestites, transsexuals, transgendered, or cross-dressers? Me too, I can’t figure it all out, but perhaps the story of Andrew and Kate Ratcliffe will help us out. Andrew and Helen married when he was 22 and she was 17. Although nobody thought the marriage would survive a year, it flourished, producing three children and 28 years of married bliss ( or a reasonable facsimile of same!) However, at year twenty Andrew confessed to Helen that he wanted to be a woman. She, of…
  • Divorcee Bites the Hand that Feeds Her

    Georgialee Lang
    12 Apr 2014 | 2:02 pm
    We all know that it is unwise to “bite the hand that feeds you”. What that means in divorce litigation is that it would be foolish to tip off Revenue Canada or the IRS that your spouse is cheating them, at least until you have your share of the family property and your legal relationship is severed. Unfortunately, Janice Schacter of New York either didn’t get that advice or simply ignored it , which is more likely. Janice and her husband, Ira Schacter’s divorce was far from low-key, in part because Janice, in her anger, posted unflattering stories about her estranged…
  • Wife/Mother Uses 357 Magnum to Settle Scores

    Georgialee Lang
    11 Apr 2014 | 1:37 pm
    Linda Cooney is a woman with a 357 caliber Magnum revolver and a penchant for shooting it. To date she has shot and killed her husband, James Cooney, an event that occurred 23 years ago, and most recently in 2011, her son, Kevin Cooney, who is alive but a quadriplegic. In the early 1990′s Linda and James Cooney were involved in what is described as a “high-conflict” divorce, rife with disputes over parenting time, contempt citations, and financial issues. Mr. Cooney was a Florida probate and tax lawyer who met Linda when she worked as a legal secretary. They married in 1979…
  • Victim’s Voices to be Heard in Canadian Courts

    Georgialee Lang
    6 Apr 2014 | 5:48 pm
    Cretins, crooks, and convicts beware… the days of focusing on your hurts, habits and hang-ups will soon be superseded by a new Bill of Rights for victims, courtesy of Bill C-32, the Conservative government’s fulfillment of its election promise to recognize the forgotten victims of your crimes. With the passing of this new law, victims will be empowered to ask questions and get answers about their offender’s history, bail conditions, plea bargains, parole terms, and other assorted procedures that to date have forced victims to strain to look inside the halls of justice, from…
  • Terror in the Home: The Scourge of Domestic Violence

    Georgialee Lang
    5 Apr 2014 | 11:29 am
    A pair of tragic events has sadly reminded me of the scourge of domestic violence in our society. As a young woman I found myself in a relationship where the sudden, unexplained rage of my partner exploded in punches to my head, several times occurring while I was sleeping. These frightening events were always followed by tearful apologies and my departure from the relationship. However, time after time, the purplish bruises healed and I returned and forgave him, only to have the cycle repeat itself. Sonia Cella is another survivor of domestic abuse, her secret revealed this week when her…
 
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    Farzad Family Law

  • Beware of Over Aggressive Divorce Lawyers in Orange County Who Will Churn Your Case

    Robert Farzad
    29 Mar 2014 | 3:19 pm
    There is a difference between aggressive divorce lawyers in Orange County that will represent you properly and those who just want to run up your bill. Be careful and read this article. We tell you how to be. The word aggressive gets thrown around a lot by divorce lawyers, including in Orange County. There is nothing wrong with that as long as it is both right and within the context of intelligent and effective family law representation. I don’t know anybody who goes out and hires an aggressive divorce lawyer so that he or she can waste attorney fees in the process. “I want you to…
  • Is Your Divorce Dragging On? Learn How to Speed It Up

    Robert Farzad
    21 Mar 2014 | 9:05 pm
    How do I speed up my divorce? Has it been many months? Over a year? Years (plural)? There are plenty of good reasons why a divorce may take longer than you expected. Sometimes, it’s nobody’s fault and the case is just very complex. Sometimes however it’s more than that and the reason the case is going slow is your spouse, your spouse’s lawyer, your lawyer, you or a combination. Let’s take a look at these and talk about solutions. How to speed up your divorce Is your spouse or spouse’s lawyer the problem? How do I speed up my divorce? By first figuring out…
  • Getting Custody as a Mother in California Requires a Child Focused Strategy

    Robert Farzad
    10 Mar 2014 | 8:00 am
    How to get custody as a mother in California? Moms often make the mistake of being unprepared in court and assume being a “mom” is enough. Read this article for a better way. You would think the answer to how to get custody as a mother in California would be easy. Don’t most people believe moms have an unfair advantage in Family Court? Isn’t that the common misconception among the public? You can’t just walk into court and say “I am the mother and I should get custody of the children.” Your status as the mom will not give you an advantage in Family Court. California…
  • Divorcing an Abusive Husband, Protecting the Children and Getting Your Life on Track

    Robert Farzad
    3 Mar 2014 | 7:00 am
    Divorcing an abusive husband comes with challenges. It takes courage, planning and good representation. Read this article to learn more. Divorcing an abusive husband is one of the most difficult things that a wife and mother can do in her life. It requires sacrifice and courage. It requires a willingness to navigate through a challenging divorce to better her life and that of the children. Divorcing an abusive husband is especially difficult in long-term marriages. That is because the abusive husband is often not only abusive toward her and the children but is also in control of the finances.
  • Is the San Diego One Day Divorce Program a Good Idea or Disaster Waiting to Happen?

    Robert Farzad
    2 Mar 2014 | 11:56 am
    The San Diego One Day Divorce program wants to divorce eligible, unrepresented husbands and wives in a day…but is it a good idea? San Diego County has launched a “one day divorce” program as part of a pilot project. The pilot project proposes to divorce certain couples in one day. Before you say, “how is that possible?”, there are a few catches. The San Diego One Day Divorce program doesn’t mean a husband and wife walk into a courtroom, say “we are here to get divorced” and they leave as they wished. It is really designed for those who have a…
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    Law Office of Steven L. Fritsch

  • How does California law treat divorces after ten or more years of marriage?

    Steve Fritsch
    7 Apr 2014 | 3:37 am
    There are numerous implications of divorce, according to California law, if you’ve been married for ten or more years. Non-lawyers make many assumptions about those laws. Here is a brief discussion of the assumptions people make: Some of them are false and some of them are true. False Assumptions If you divorce after 10 years of marriage, spousal support must be paid indefinitely. True Assumptions The court retains jurisdiction. You may be eligible for social security benefits if you do not remarry. Let’s discuss what each one means for you. Spousal Support in Perpetuity, If the…
  • What is an Ex Parte Divorce?

    Steve Fritsch
    2 Apr 2014 | 2:33 pm
    If you or your spouse are thinking about filing for divorce and only one of you lives in California, the divorce is called an “ex parte” divorce. You or your spouse can file for an ex parte divorce if: The filing spouse is a resident of the filing jurisdiction. The other spouse should be a resident of a different jurisdiction and… You provide your spouse with notice that you will be initiating an ex parte divorce action. This must be done in a manner consistent with the law of the relevant state. Establishing Residency The first criterion, for initiating an ex parte divorce, is that you…
  • How Long Do You Have to Wait to Remarry in California?

    Steve Fritsch
    5 Mar 2014 | 10:46 am
    If you’re contemplating a divorce, you should know that you cannot remarry unless you fulfill two conditions: The 6 month mandatory waiting period must expire. You must get a judgment of dissolution from a court. Here’s more information about each condition and how an experienced attorney can help you through the process: The 6 month waiting period There are no exceptions to the mandatory 6 month waiting period. It begins, when the attorney representing the party filing for divorce, serves the opposing party with divorce papers. The resolution of your case may take longer than 6 months,…
  • When Is the Earliest I Can Get Divorced in California and How Long Will It Take?

    Steve Fritsch
    6 Jul 2013 | 11:17 pm
    Two of the most frequently asked questions are when is the earliest the parties can get divorced in California and how long will the divorce process take?  The answers to these questions are affected by various factors which are discussed below. 6-Month Rule: The earliest a person can get divorced in California is six (6) months from the date the court acquires jurisdiction over the respondent (the other spouse).  The court acquires jurisdiction over the respondent when the spouse is served with process or files a response.  What this means is when the spouse is correctly served with…
  • The Wealthy, Prenuptial Agreements, and Large Divorce Settlements

    Steve Fritsch
    12 Jun 2013 | 10:11 am
    Largest Divorce Settlements – An infographic by the team at Law Office of Steven L. Fritsch Embed Largest Divorce Settlements on Your Site: Copy and Paste the Code Below Largest Divorce Settlements – An infographic by the team at Law Office of Steven L. Fritsch   When a pro athlete, a famous singer or actor, or Harold Hamm divorces their spouse, the first question that comes to people’s minds is “Was there a Prenup?”  Over the years, there has been some hotly contested litigation in California over the validity and enforceability of prenuptial (premarital)…
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    Arizona Family Law

  • Difference Between Prenup and Postnup Agreement

    JacksonWhite Law
    10 Apr 2014 | 10:35 am
    What’s the difference between a prenup and postnup agreement? Although prenuptial and postnuptial agreements are a sensitive topic for couples, many people have found that by establishing financial boundaries, their relationship has improved. With alarming statistics that 50% of marriages end in divorce and that Sierra Vista, Arizona is ranked second for highest divorce rate in the country, preparing for the possibility of divorce is a responsible action for couples to take. Post-nuptial and prenuptial agreements are very similar, the major difference is that a prenuptial agreement is…
  • How to Protect Yourself From Domestic Violence in AZ

    JacksonWhite Law
    20 Mar 2014 | 10:40 am
    What is Domestic Violence? Domestic violence in the state of Arizona is a serious offense. If you and your children are victims of domestic violence, it is important to contact authorities to protect yourself against violent acts. The Arizona legislative system defines domestic violence as threats, harassment, molestation, stalking, attacks, batter or strikes on an intimate partner, family member, or child. Even if the offense only occurs once, it is still classified as domestic violence. According to Arizona Aggravated Domestic Violence Laws ARS 13-3601.02: if found guilty of three…
  • Terrell Owens Drops Another Ball

    JacksonWhite Law
    11 Feb 2014 | 9:00 am
    Or should we saw wife. Terrell Owens, who is best known for his uncanny ability to catch footballs on the gridiron, just can’t seem to catch a break off of it. Reportedly, after two weeks of marriage the former NFL All-world wide receiver is splitting with his newlywed bride, 33 year old Rachel Snider. Snider is convinced that Terrell married her simply for her good credit, and with good reason, it is well documented that Owens can’t seem to figure out how to hold onto his money, or any money for that matter. Snider believes that Owens entered the marriage so he could obtain a loan for a…
  • What is the Difference between an Annulment and a Divorce?

    JacksonWhite Law
    6 Feb 2014 | 9:00 am
    An Annulment, much like a divorce, is a legal procedure that dissolves a marriage. The appeal of an Annulment for a lot of people is that it treats the marriage like it never happened.  People usually opt for an annulment when their marriage lasted an extremely short time, say, several weeks to a couple months. So, there is usually little to no assets or debt to be divided amongst the couple, and generally no battle over child custody. People are usually eligible for an Annulment under but not limited to the following circumstances. Misrepresentation or fraud- for example a partner lied…
  • Stylist in Massachusetts taught to spot domestic violence

    JacksonWhite Law
    4 Feb 2014 | 9:00 am
    If you have been following our blog then you know that domestic violence has become one of the most pervasive issues in the United States today. In this post we will see that Hair, skin, and makeup stylists in Massachusetts are learning to do their part to help people protect themselves against this erosive issue. at the Elizabeth Grady School of Esthetics and Massage Therapy in Medford women participated in a  recent session in what is being called the “Cut It Out” program being run by the office of Middlesex District Attorney, Marian Ryan. The program’s goal is to teach…
 
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    Fairfax Family Law Blog

  • Slip and fall accident results in lawsuit against Dollar General

    Surovell Isaacs Petersen & Levy PLC
    18 Apr 2014 | 8:38 am
    Although many Virginia residents likely think of severe injuries and permanent disability in connection with major accidents, many minor accidents can have catastrophic effects on a person's physical condition and health as well. A slip and fall accident, for example, may seem minor to most people but frequently results in injury, severe pain and even permanent problems, especially if the person who fell is elderly or otherwise in a more vulnerable physical condition. The company that does business as Dollar General has recently been sued in a premises liability lawsuit as the result of a…
  • Products liability cases emerging against testosterone drug

    Surovell Isaacs Petersen & Levy PLC
    10 Apr 2014 | 1:23 pm
    Virginia residents like to be informed of any risks to their health and safety so that they can make knowledgeable decisions. This is one of the reasons that prescription drug manufacturers are required to list possible side effects of taking a medication. The warnings and information related to the risks associated with taking the drug allow the consumer to decide whether the benefits of the medicine outweigh the risk. In some cases, the instructions are unclear or there is an insufficient warning, and people may end up using products that cause injury without knowing the potential risks.
  • Virginia woman fights to improve response to brain injury

    Surovell Isaacs Petersen & Levy PLC
    3 Apr 2014 | 10:31 am
    With so many stories focusing on the strength and resiliency of the human body, many people fail to realize and understand how vulnerable and delicate the human brain is. Whether resulting from a car accident, a collision during a sporting event, or a significant fall, a traumatic brain injury often has severe and long-lasting effects on a person's ability to function and thrive in society. A Virginia woman who suffered a head injury in a serious car accident in 2001 spent much of March working to increase awareness of the needs related to traumatic brain injuries. March is recognized as…
  • Fatal motor vehicle collision involves tractor-trailer

    Surovell Isaacs Petersen & Levy PLC
    26 Mar 2014 | 9:52 am
    Tractor-trailers are an integral part of interstate commerce, carrying goods across the country on a daily basis. As a result, the roadways are filled with these large vehicles, which can often pose serious hazards to other drivers. In the event of a truck accident, the property damage and personal injuries suffered by other drivers is often greater than in a collision between two smaller vehicles. In many cases, what would have been a relatively minor collision, had it happened between two standard-sized automobiles, instead becomes a fatal accident. On a recent morning on I-81 northbound in…
  • Fatal six-car accident in Virginia still under investigation

    Surovell Isaacs Petersen & Levy PLC
    20 Mar 2014 | 10:45 am
    Because there are so many vehicles traveling Virginia's roadways, one driver's actions can easily create a domino effect of problems for other drivers. It is in this way that an auto accident that initially only involves one or two vehicles can turn into a deadly multi-car pileup. While it can be difficult to make the determination of fault in any car crash, the investigation can be even more complicated when several different cars and drivers are involved. Just before midnight on a recent Saturday night, six cars were involved in a collision on I-64 East in Virginia. At least one fatality…
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    Children and the Law Blog

  • A Glimpse of Hope: Children In Trauma Intervention Camp

    Lara Hogue
    25 Mar 2014 | 11:30 am
    The new police chief in Detroit had BIG plans for children in the area. He wanted to launch a boot camp style program for middle school age children. The point of the program was to educate children on the negatives of gang affiliation, crime, and drug usage before they are pulled toward these vices.  Police Chief James Craig stated he’d had great success in other cities running similar programs. Because “boot camp” seemed scary and perhaps harsh for children, Police Chief Craig planned to call the program CITI Camp, which stands for Children in Trauma Intervention. He projected the…
  • Update on Police, Tasers & Teenagers

    Tracey Toll
    15 Mar 2014 | 11:48 am
    In August, 2013, a Miami Beach police officer caught Israel Hernandez-Llach spray-painting a shuttered McDonald’s on North Beach.  After a brief foot chase, Miami Beach Officer Jorge Mercado shot Herandez-Llach with his department-issued Taser.  The teen later died at Mount Sinai Medical Center.  After a six-month-long medical examination, medical examiners stated Hernandez-Llach died of heart failure from the “energy device discharge.”  This finding is unusual because the device has never been cited in an official cause of a death report in Florida.  Instead, most of the local…
  • Kansas Legislation Aimed At Allowing Parents To Spank Harder Rejected

    Lisa Steffek
    4 Mar 2014 | 10:06 am
    In Kansas currently spanking is allowed but it crosses the line and become child abuse when it leaves a mark. Kansas is one of a handful of states where corporal punishment is legal in schools. Democratic state representative, Gail Finney, aimed to expand that definition of corporal punishment by making it legal to spank and leave a mark for parents, teachers and other caregivers. Finney says she proposed the law to “restore discipline to families” and protect parent’s rights. The proposed law would legalize up to ten spankings by hand per child. The law would also allow parents to…
  • Belgian Lawmakers Grant Children the Right to Die

    Lisa Steffek
    27 Feb 2014 | 11:26 am
    The lower house of the Belgian Parliament have adopted a bill that extends the right to euthanasia to minors. Belgium was already one of the very few countries where euthanasia is legal, but until now it has only been applicable for adults. Belgium legalized euthanasia in 2002 for those in “constant and unbearable physical or mental suffering that cannot be alleviated.” Until now, minors had to wait for nature to take its course or for them to turn 18. Parliament voted 86 to 44 to amend the euthanasia law so that it would apply to minors, but only under certain additional conditions.
  • Prenatal Acetaminophen Use to ADHD Diagnosis

    Lara Hogue
    25 Feb 2014 | 9:04 am
    Acetaminophen is a commonly used medicine, if not the most common, for women suffering from pain during pregnancy. Lead study author, Zeyan Liew, stated that the study involved roughly 64,000 children and mothers who gave birth in Denmark between 1996 and 2000. More than half of the mothers participating in the study admitted to using Acetaminophen while pregnant. Prior studies on animals and people revealed a potential link between Acetaminophen and disrupted hormone levels. Disrupted hormone levels may affect brain development and cause behavioral problems. The study completed by Zeyan Liew…
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    911 Biker Law - Tampa and Orlando Motorcycle Accident Attorneys

  • Tips to Obtain Insurance Discounts

    Biker Law
    14 Apr 2014 | 1:09 am
    No matter how much money you may have in your bank account, you still want to save as much as possible on your car insurance. If you live in Florida, there are a number of discounts available to you that may substantially reduce your insurance premiums. Unfortunately, you cannot count on your insurer to keep you informed of them. For example, did you know that if you drive less than 35 miles a day, you can get a substantial discount? If you have never had a DUI, another discount could be coming your way. Here are a few other discounts that you may not be are aware of. Good driver discount: If…
  • Towing your bike: What to Do

    Biker Law
    7 Apr 2014 | 1:17 am
    Even the best motorcyclists and motorcycles need to be towed.  Sometimes it’s an accident, your bike malfunctioned or you ran out of gas. Whatever the case may be, the fact that still remains:  your bike needs to be towed. If you ever find yourself in a position where your motorcycle needs to be towed, having towing insurance for your ride comes in handy. Hopefully, the insurance plan you chose comes with emergency roadside assistance and motorcycle towing. If it doesn’t, being a member of a service like AAA or the AMA is also ideal. In either case, find your membership or insurance…
  • Florida Lands on “Worst States” List for Lax Highway Safety Laws

    Biker Law
    24 Mar 2014 | 1:22 am
    In a recent list released by Advocates for Highway and Auto Safety Patrol, the state of Florida was named among the “Worst States” for lax highway safety laws. While this news is disconcerting, it can potentially serve as a catalyst for lawmakers to enact stronger highway safety laws. Currently, Florida only has six highway laws in effect. According to the report, Florida is missing a rear primary enforcement seat belt law, an all-rider motorcycle helmet law, a booster seat law, an ignition interlock law, and an all-driver text messaging restriction. Over the years, the state of Florida…
  • Riding your Bike Saves you Money

    Biker Law
    10 Mar 2014 | 12:45 am
    So, we love riding our motorcycle. We love the feel of the open road, the deep rumble of the engine, the wind buffeting up at you. But did you know riding your motorcycle can also save you gas, which in turn saves you money? Here are some tips to maximize your gas and money-saving skills. 1. Keep the engine running smoothly. Monthly maintenance will keep your motorcycle running the way it should, which means more efficiency (burns less gas) and money-savings. Checking the oil, the sparkplugs, and the air and oil filters are just a few ways to make sure your engine is in shape. Not only will…
  • 911 Biker Law is Revving up for the 73rd Annual Bike Week

    Biker Law
    5 Mar 2014 | 10:00 am
    It’s time to get revved up! Bike Week is right around the corner, so clean the chrome, wipe the leather and gas up everyone! There’s a lot to look forward to this year, from the vendors, the food, the 3 B’s (beer, bikes and babes) to the events, and there’s something for everyone. From your biker vets to your biker babies, Bike Week is here! You’ll be able to drink with other bike enthusiasts, show off your rides and admire others, enjoy the sun and sand and so much more! There are a slew of events lined up! Of course there’s the “Ride the Loop” for all bikers, but there are…
 
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