Family Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.

Find a Law Firm:

An Overview of Child Custody & Spousal Support in Texas

  September 23, 2010     By Boyd Family Law
Understanding Texas divorce law can make the progress much less intimidating and give you a sense of control over your future.

When Child Protective Services Comes Knocking: What Happens Now?

  September 22, 2010     By Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC
The author discusses what to do when child protection service comes knocking.

Your Facebook Account is Not Your Friend During a Divorce

  September 22, 2010     By Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC
The authors discuss how not to use Facebook during a divorce.

Obtaining a Divorce in California

  September 21, 2010     By
In California, a divorce is called a “dissolution of marriage” or “dissolution of domestic partnership”. This legal process ends your marriage or domestic partnership, and allows you to marry or become a domestic partner again. In the eyes of the law, you are no longer viewed as a single unit, and you become two separate individuals again.

Post-Divorce Modifications in Texas

  September 21, 2010     By Boyd Family Law
The author talks about post-divorce modifications.

Seniors – Planning Ahead is Key to Financial Stability

  September 20, 2010     By The Gierach Law Firm
Recently, there was a case in the news of a Brooks Astor, a New York socialite, who is now 104 years old. Her grandson is in a heated battle to remove his dad as Mrs. Astor's caregiver. In court papers that were filed, the grandson accused his father of ignoring Mrs. Astor's health and personal needs and requested a friend of Mrs. Astor's be appointed as her guardian.

Taking Care of Elderly

  September 18, 2010     By The Gierach Law Firm
Most clients talk with their attorneys about what may happen to them as they become older and are unable to care for themselves.

Care of Elders in Nursing Homes

  September 18, 2010     By The Gierach Law Firm
With a growing population that is aging, many elders spend the last year or two of their life in a nursing home. Many of the elders have to do this as they have Alzheimer’s or dementia and their family is not able to care for the elder nor can they afford to be a full time caretaker in the elder’s home. There have been many stories about the care they elders receive in a nursing home.

Discharge or Non Dischargable, That Is the Question!

  September 17, 2010     By Chang & Diamond, APC
It often happens that for one reason or another you owe back taxes. The IRS can be relentless in their pursuit for payment. It may seem like filing for Bankruptcy would get the tax man off your back, but this is not necessarily the case. The Franchise Tax Board and the Internal Revenue Service really don't like to lose money.

Recent Unemployment and Minnesota Child Support

  September 17, 2010     By Banas Family Law, PA
The author talks about the effect of unemployment on child support.

Minnesota Business Owners and Divorce

  September 17, 2010     By Banas Family Law, PA
The authors discuss the special considerations business owners need to be aware of when considering a divorce.

Illinois Legal Separation

  September 16, 2010     By
In Illinois, a legal separation and a physical separation are not the same thing. In a physical separation, although the couple lives apart, no legal action has been initiated. In a legal separation, the parties must initiate a lawsuit in court to receive permanent orders regarding issues such as child custody and child support, division of property and debt, and spousal maintenance.

New York Legal Separation

  September 16, 2010     By
In New York, a legal separation is considered a legally acceptable reason for granting a divorce. This is different from a trial separation, where a married couple lives apart for a trial period to determine if they want to get divorced. This type of separation has no legal basis and cannot be used as a ground for divorce. A legal separation should only be used if you have already made a permanent decision that you no longer want to live with your spouse.

Legal Separation in the U.S.

  September 16, 2010     By
In which states is a legal separation not recognized?

Establishing Paternity in Michigan

  September 16, 2010     By Keusch, Flintoft & Conlin, PC
In the ideal circumstance, every child would be connected in some way to supportive parents who are able to provide emotionally and financially for them. But life is rarely so straight-forward and many families are faced with issues of unclear paternity or even disputed paternity.

California Legal Separation

  September 15, 2010     By
A legal separation is not the same thing as a trial separation. For most couples, a trial separation is a period of time where the couple tries living apart to find out if they really want to proceed with a divorce. This type of separation is not legally recognized.

Can You Get an Annulment in Michigan?

  September 15, 2010     By Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC
An annulment is an option in Michigan, but only under certain circumstances. This article discusses what those circumstances are.

Have You Considered Collaborative Divorce?

  September 15, 2010     By Barbara E. Wise, PLLC
The author discusses the option of a Collaborative divorce.

An Overview of Getting a Divorce in Kentucky

  September 14, 2010     By Law Office of M. Erin Wilkins, LLC
Divorce in Kentucky can be a trying and complicated affair. This article discusses how getting a divorce in Kentucky works.

Michigan Estate Planning Overview

  September 14, 2010     By Law Offices of Graham & Hubbert
Estate planning is a legal arrangement made for the distribution of estates-also called properties-after your death. This article discusses estate planning options in Michigan.

Collin County Texas Juvenile Legal Process, A Criminal Defense Law Firm's Perspective

  September 13, 2010     By Rosenthal & Wadas, PLLC
An analysis of the juvenile legal process from the perspective of a defense attorney.

Annulments in Ohio

  September 12, 2010     By Law Office of M. Erin Wilkins, LLC
As with many states, divorce in Ohio has steadily increased. From 1970 to 2000, divorce rates more than doubled, from 3.7% to 7.8% per 1,000 couples. For many, it’s an unfortunate reality. If you’re considering ending your marriage, there’s bound to be a lot on your mind. Thoughts of legal proceedings may come second or even third, to concerns about children and your financial future.

Adoption in Jordan

  September 6, 2010     By Arida Law Firm
Is adoption legal and permitted or not in the Hashemite Kingdom of Jordan?

Will Musk's Bitter Divorce Affect Tesla Motors' Business Standing?

  September 2, 2010     By Dominion Law Group, LLP
Unfortunately for investors and directors alike, Tesla Motors Inc.'s highly hyped initial public offering (IPO) is competing for attention with media coverage of the bitter divorce of its co-founder, chief executive officer and major shareholder Elon Musk, who also co-founded the hugely successful company PayPal. The June 29th IPO went off without a hitch, resulting in a 41 percent in the company's stock on the first day.

Does Marital Love Fade over Time?

  September 2, 2010     By Dominion Law Group, LLP
After 40 long and tumultuous years of politics, publicity and prosperity, former Vice President Al Gore and his wife Tipper, famous in her own right as an author and outspoken advocate for the Parents Music Resource Center (the committee responsible for the “Parental Advisory” label on music albums that contain explicit lyrics), have announced their plans to divorce.

Courtney Love's Case Highlights Non-Parental Custody in California

  September 2, 2010     By Dominion Law Group, LLP
For the third time, Courtney Love has lost custody of her daughter, Frances Bean. On December 11, a Los Angeles judge stripped Love of legal guardianship and placed her daughter, now 17-years-old, under the care of her paternal grandmother and aunt, the mother and sister, respectively, of Love's late husband, Kurt Cobain.

Cohabitation before Marriage

  September 2, 2010     By Dominion Law Group, LLP
A recent study conducted by the National Center for Health Statistics suggests that couples who cohabitate before marriage are less likely to remain together.

California Custody Determinations

  September 2, 2010     By Dominion Law Group, LLP
Most parents are unaware of the legal standards used by California courts to make decisions regarding the custody of their children.

Social Networking Sites Increasingly Blamed in Divorces

  September 1, 2010     By Lewert Law Offices, P.A.
Popular social networking sites such as Facebook are increasingly being cited in courts as contributing factors in divorces.

Fathers Gaining Ground in Custody Disputes

  September 1, 2010     By Lewert Law Offices, P.A.
There is a new trend in the courts when determining child custody matters. This trend is seen in Florida's new parenting law, which includes new factors for the courts to consider.

Adoption in Ethiopia

  August 18, 2010     By Fikadu Asfaw and Associates Law Office
Are you planing to have an adopted child from Ethiopia or do you need to know the Ethiopian law of adoption? Here is a brief note on adoption in Ethiopia.

Divorce and Its Effects under Ethiopian Family Law

  August 18, 2010     By Fikadu Asfaw and Associates Law Office
If you wonder to know how marriage dissolves in Ethiopia here is a brief note.

Divorce Mediators Can Save You Money and Emotional Stress

  August 16, 2010     By Zonder Family Law
One of the many reasons that people hesitate to file for divorce even when they’re sure that their marriage is not the right situation is because of the time, extreme emotional stress and enormous costs that are generally involved with litigating such a matter.

Spousal Maintenance and Asset Division During a Recession

  August 16, 2010     By Walling, Berg & Debele, PA
In any divorce the division of assets and debts is likely to be one of the major points of disagreement.

Gray Divorces Pose Unique Challenges for Aging Couples

  August 16, 2010     By Walling, Berg & Debele, PA
Much to the shock of the country earlier this summer, Al and Tipper Gore announced their impending divorce after 40 years of marriage. However, to those who routinely help people navigate through a divorce, this announcement was not nearly as much of a surprise.

Can I Get Divorced in Hong Kong?

  August 11, 2010     By Oldham, Li & Nie Lawyers
Hong Kong only has jurisdiction to entertain a divorce petition if, at the date of the divorce petition, either husband or wife is domiciled in Hong Kong, or has been habitually resident in Hong Kong throughout the previous 3 years, or has a substantial connection to Hong Kong.

The Advantages of having a Prenuptial Agreement in Thailand

  August 2, 2010     By Siam Legal International
A prenuptial agreement or prenup is a written contract entered into between future spouses as regards the designation of their assets, control of assets and liabilities, treatment of property and earnings during the marriage, and potential division of marital property in case of dissolution of the union.

Early Neutral Evaluation Pilot Programs Showing Great Promise in Minnesota

  July 28, 2010     By Meinerts Law Office, PA
Minnesota is leading the nation in proving adversarial court proceedings are not always the best option for deciding the most contentious issues in a divorce. In fact, sometimes the best way to resolve emotionally taxing issues like child custody, parenting time and spousal support is by giving the divorcing couples the opportunity to resolve these issues themselves, and to do so early in the process. With a little help, of course.

What Rights Do Noncustodial Parents Have in Minnesota?

  July 28, 2010     By Meinerts Law Office, PA
Bristol Palin, daughter of former Alaska governor Sarah Palin, recently sued her ex-boyfriend Levi Johnston for more child support money. Johnston, the father of their 1-year-old child, is more than $18,000 behind on child support payments, according to the complaint.

Questioning the Value of Facebook During Divorce

  July 28, 2010     By RA Jaworski PC
Facebook has become one of the most popular sites on the Internet, with more than 400 million active users. Offering the opportunity to easily connect with friends and loved ones, Facebook has developed loyal users and has amassed an amazing amount of information about these users.

Parentage and Repudiation of Paternity in Thailand

  July 22, 2010     By Siam Legal International
Thailand has distinct laws on parentage. While the issue of maternity is easily determinable, the same is not true on paternity. There is a presumption of paternity in births within a valid marriage. There are likewise laws in case of births outside marriage and after divorce.

Interference with Parenting Time

  July 21, 2010     By Maury D. Beaulier, Attorney at Law
In Minnesota, interference with parenting time can be combatted through civil and criminal proceedings. Where interference occurs, swift action is often well advised.

Fighting Parental Alienation

  July 21, 2010     By Maury D. Beaulier, Attorney at Law
Parental Alienation involves disturbiung behaviors that seek to limit another parent's contact with their children. Combatting such conduct requires immediate action.

Orders for Protection (OFP) and Their Defense in Minnesota

  July 21, 2010     By Maury D. Beaulier, Attorney at Law
An Order for Protection may have a significant and long lasting impact. As a result, an aggressive defense is necessary. Review this guide for details.

Underwater Weddings in Thailand: Legal or Not?

  July 20, 2010     By Siam Legal International
Underwater Weddings have become so popular in Thailand these past years. Marrying couples who want to have this experience must not forget the more important aspect of their union - the legality of the marriage.

Family Law in UAE

  July 20, 2010     By Khairallah Advocates & Legal Consultants
In every culture and ideologies all around the world, people believe in the sanctity of marriage and family, as meant for life. The Prophet of Islam is reported to have said ''marriage is my Sunna and those who do not follow this way of life are not my followers”. Imam Sadiq (AS) stated: 'Get married but do not divorce, because a divorce would tremble the Arsh (empyrean) of Allah'."

Surrogacy and Adoption in Thailand

  July 16, 2010     By Siam Legal International
Thailand has yet to pass a law which allows nor punishes surrogacy in the country. Until there is no surrogacy law in Thailand, Legal Adoption as the option for a couple to have a child of their own other than by natural means.

Do I Have to Spend All My Assets to Qualify for Medicaid?

  July 12, 2010     By Law Offices of Nay & Friedenberg
So, let’s say this hypothetical couple with $100,000 can see down the road that the need for long term care is coming. Maybe one of them has Parkinson’s disease or Alzheimer’s. If they give away $50,000 to their kids, how does Medicaid look at that?

Grounds for Divorce in Thailand Explained

  July 9, 2010     By Siam Legal International
The Thai Civil and Commercial Code list numerous grounds for divorce in Thailand. Most people who are planning to divorce in Thailand take the liberty of reading and construing these grounds literally without seeking the assistance of a lawyer in Thailand. While some grounds are indeed self-explanatory, some need to be explained by a lawyer so that the grounds are appreciated correctly by its readers.

Legal Separation in Ohio

  July 8, 2010     By Paul R. Panico, Attorney at Law
When a marriage is no longer working, many spouses believe that the only option is divorce. This, however, is not true. Ohio couples who need time and space apart from one another or who are ready to move forward in their lives separately have other legal options available to them besides divorce.

Ohio Property Division and Child Custody

  July 8, 2010     By Paul R. Panico, Attorney at Law
Determining questions of property division and child custody is often the most contentious part of most divorces. The efforts of attorneys and, ultimately, the decision of the judge will have a lasting effect on both ex-spouses and the children for many years. For that reason, it is critical that any person going through a divorce in Ohio become familiar with how the court reaches its determination and what can be done to best achieve a favorable outcome.

Ohio Civil Protection Orders

  July 8, 2010     By Paul R. Panico, Attorney at Law
Civil protection orders in Ohio can be issued by different courts to address varying threats, but all feature a common purpose: ordering one person not to harm another.

The Value of Working With An Attorney to File an Uncontested Divorce

  July 8, 2010     By Reisman & Davis
Divorce can be a lengthy and expensive process, but it doesn't have to be. Many people minimize the cost and time of divorce by filing a simple, no-fault, uncontested divorce. When spouses resolve the issues between themselves and file for a no-fault divorce, they can avoid significant expense and wasted time without the need for a mediator or judge to resolve disputes.

Uncontested Divorce: When Is It Appropriate?

  July 8, 2010     By Reisman & Davis
Divorce is often thought of as a drawn-out, expensive courtroom battle, but it doesn’t have to be that way. An uncontested divorce offers couples an affordable, timely way to avoid the expense and drama of a contested divorce.

No-Fault Divorce: Cheaper, Faster, Less Painful for All Concerned

  July 8, 2010     By Reisman & Davis
Only one of the 50 states refuses to allow some form of no-fault divorce. In a recent editorial, the New York Times lambasted that state’s legislature for failing to enact no-fault divorce, stating that current law makes “divorces costlier, longer, and uglier than they need to be.”

While the Parent’s Away… Joint Custody of Teenagers and Business Travel

  July 7, 2010     By The Baker Law Firm, LLC
Parents have concerns about leaving teens home alone while on vacation. But what about divorced parents with joint custody whose careers take them out of town?

Facebook and Divorce: Airing the Dirty Laundry

  July 7, 2010     By The Baker Law Firm, LLC
Divorce attorneys have taken to reviewing social networking sites as a best practice to glean whatever information they can, looking to see if what a spouse says in court is different from what he or she is saying online.

Child Abuse Rises in Bad Economy

  July 7, 2010     By The Baker Law Firm, LLC
The recent economic hard times have been difficult for many people. But according to a study conducted by Dr. Rachel P. Berger, the recession has been particularly hard on infants. Berger, who revealed the results of her study on May 8 at the annual meeting of the Pediatric Academic Societies, said there is a "marked increase in the rate of abusive head trauma among children during the recession compared to beforehand."

Arizona Legislature Demonstrates Support of Joint Custody in New Law

  July 7, 2010     By The Baker Law Firm, LLC
With all the news coverage of Arizona's new immigration law, much less attention has been paid to other new laws coming out of the recently ended legislative session. One such law, SB 1314, may affect custody decisions regarding minor children in contested divorces and other child custody proceedings.

US K1 Visa in Thailand

  July 7, 2010     By Siam Legal International
Introduction: The K1 visa is the exclusive visa that allows an American to bring their fiancé/fiancée to, and get married in, the United States. Upon the marriage, the foreign spouse is eligible to adjust of status for permanent resident.

Instances When Contested Divorce in Thailand is Available to Parties

  July 3, 2010     By Siam Legal International
One of the forms of divorce in Thailand is Contested Divorce. This is also known as Judicial divorce in the country. The court is given the task to determine the propriety of a divorce case lodged by concerned parties.

Arbitrage en Code de Procédure Civile Morocain

  July 2, 2010     By Tanfous Law Firm
Chapitre VIII: De l'arbitrage, Article 306 Toutes personnes capables peuvent souscrire un compromis d'arbitrage sur les droits dont elles ont la libre disposition.

Overview on Thailand Divorce

  July 1, 2010     By Siam Legal International
The increasing number of marriages between Thais and foreigners has inevitably resulted in the escalation of divorce cases in Thailand. Many associate this unfortunate trend to the dissimilarity in culture and language. While there is always a common hope that one’s marriage will weather all trials, there is also equal possibility of the marriage ending in a divorce.

Thailand Marriage Registration and Wedding Ceremony

  June 29, 2010     By Siam Legal International
One distinct concept in Thai marriages is that it consists of two different parts: The Wedding Ceremony and the Marriage Registration. Not too many foreigners are aware that it is the Marriage Registration which marks the legal start of their marriage in the country. Many get surprised to find out that after years of being together, Thailand has yet to recognize their union for failure of registration.

Thailand Prenuptial Agreement

  June 28, 2010     By Siam Legal International
Every couple tying the knot hopes for a marriage that will last a lifetime. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties add unnecessary stress to an already very stressful state. With an inter-racial couple, things may become more complicated. To avoid this kind of situation, unromantic as it may seem, an engaged couple may consider entering into a prenuptial agreement.

Adjustment of Status for Thai Spouses

  June 25, 2010     By Siam Legal International
Introduction: Adjustment of Status is the procedure by which a resident alien can become a permanent resident without leaving the United States. Thai spouses who gained entry to the United States via a K1 or K3 visa typically utilize this process. The results often depend on the discretion of the USCIS District Director but are typically successful.

Divorce and Estate Planning

  June 24, 2010     By Law Offices of Steven M. Adler, PLLC
If you are going through or even contemplating a divorce, the single most important step you can take to make sure that your desires are carried out is to execute a new will, power-of-attorney and health care proxy.

Marriage in Thailand

  June 22, 2010     By Siam Legal International
Thailand is a truly unique place for most couples to make their dream wedding come true. Nonetheless, a legal marriage in Thailand for both foreigners and Thais should be performed according to Thai law.

Adoption in Thailand

  June 21, 2010     By Siam Legal International
Adoptions in Thailand are governed by the Child Adoption Act 2522 (1979). Adoption requirements are strict. The process can take upwards of 1-3 years. In addition to complying with Thai law, the adoptive parent(s) must comply with the regulations set out by their own governments. Additionally, adoptions must comply with the Hague Adoption Convention.

Settling Your Divorce through Mediation

  June 14, 2010     By Zonder Family Law
Many Newport Beach family lawyers will work with clients towards a fast and civil solution to a divorce, that doesn't guarantee that the situation will play out that way.

What Constitutes Marital Property Subject to Equitable Distribution?

  June 12, 2010     By Slepkow, Slepkow & Associates, Inc
Equitable division of assets is a multi step process. The first step is for the Judge to determine what property constitutes marital property in Rhode Island. After a judge determines what constitutes marital property, the Rhode Island Family Court judge must apply the factors set forth in 15-16.1. The judge must lastly equitably divide the marital property.

Post Divorce Do's and Dont's

  June 12, 2010     By Slepkow, Slepkow & Associates, Inc
Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.

Working Moms and Dads with Child Custody: A Growing Trend

  June 2, 2010     By Schwartz Law Firm
As fathers become more active in the care and upbringing of children, they are also becoming more likely to get child custody following a divorce.

Michigan’s Rules for Relocating with Your Child

  June 2, 2010     By Schwartz Law Firm
Michigan ranks at the top of the list of states hardest hit by the recession. With the ailing housing market and high unemployment rates, some are finding it desirable if not necessary to leave the state and start fresh somewhere else.

Impact of Court Order for Minor Child’s Attendance at Boarding School

  June 2, 2010     By Schwartz Law Firm
When parents who have joint legal custody can't agree upon important decisions such as school attendance, the trial court is required to resolve the dispute in the child's best interests.

Wisconsin's Treatment of 17-Year-Old Offenders Faces Scrutiny

  June 2, 2010     By Reddin & Singer, LLP
Approximately 30,000 17-year-olds are arrested in Wisconsin each year. If they are charged with a crime, they are charged as adults.

Tiger's Plight Highlights the Issue of Prenuptial Modification in Florida

  June 2, 2010     By Curtis R. Cowan, P.A.
When Tiger Woods and Elin Nordegren married in 2004, like many celebrity couples, the pair signed a prenuptial agreement. The details of the agreement were never officially released, but reports put the figure allotted to Elin at $20 million - available after 10 years of marriage.

Modification of Child Support Payments in Florida

  June 2, 2010     By Curtis R. Cowan, P.A.
While there is some hope for improvement soon, the current economic climate has taken its toll on families in Florida and throughout the United States. Unsurprisingly, parents obligated to pay child support - formerly known as noncustodial parents in Florida - have not been immune to the current economic downturn.

Prenuptial Agreements: Saying ‘I Do’ to the Many Advantages

  June 2, 2010     By Plachta, Murphy & Associates, P.C.
A Primer 101 Guide to Prenuptial Agreements.

Teenage Wasteland? It Doesn’t Have to Be

  June 2, 2010     By Plachta, Murphy & Associates, P.C.
Someone once said that everyone should be born at 50. That way we would be wise right from the start! Unfortunately, that is not the case. And as far as parenting goes there is no instruction tag on our children either.

Do I Have to Pay Child Support if I Receive Disability Payments from the Government?

  June 2, 2010     By Solomon Law Group, PA
One common question is whether a parent has to pay child support if the children are receiving social security payments as a result of the parent's disability. The short answer is that social security payments do not negate the obligation to pay child support. A disabled parent, however, does receive credit for the social security paid for the benefit of the children.

The Spousal Share of a Marital Asset: When Two Plus Two Does Not Equal Four

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
It is quite possible that you may have overlooked a short recent decision in the Appellate Division, Second Department. However, this case, Peritore v. Peritore, is pregnant with implications and evidences a judicial trend to award to a non-contributing spouse a small percentage of the appraised value of a professional license, business or practice.

When and under What Circumstances Should Non-Durational Maintenance Be Awarded

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Since the passage of the equitable distribution law on July 19, 1980 which set forth new standards for the award of maintenance, the courts have grappled with the issue of whether to award fixed or life time maintenance to a needy spouse. More apt, would be the phrase “non-durational maintenance”.

Morality and the Need For a Liberal Construction of Egregious Conduct

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Have the courts been so hardened to offensive behavior that they fail to recognize egregious conduct when they see it? Does the emperor’s new clothes really hide his nakedness? Has the court’s sense of morality been diminished to such an extent that any type of sexual misconduct or aberrant behavior will be countenanced in the twenty first century?

Leveling The Playing Field...At Last!

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
The Appellate Division Second Department on March 31, 2009 decided Penavic v. Penavic , an extraordinarily important decision to unmonied spouses and their counsel. The appellate court in no uncertain terms, condemned the practice by some IAS judges to refer pendente lite counsel fee application to the trial court, especially where the moving party makes far less than their spouse, or is a stay-at-home mom or dad without employment income.

Obtaining Electronic Evidence Is Essential to Preserve Financial Proof in Divorce Litigation

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
The granting by the courts of liberal discovery of electronic evidence in matrimonial litigation has certainly not kept pace with the sophisticated technology devices that have been developed to make it difficult or impossible to obtain information stored on computer hard drives.

Matrimonial Law: Collapsing Like a House of Cards?

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
The recent economic crisis in this country has caused many economic scholars to reflect on the root causes.

Should Marriage Be Viewed As a Co-Equal Economic Partnership

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Recent trends appear to be leaning in the direction of awarding the lion’s share of a business marital asset to the spouse who has formed and run the business. Generally, the longer the length of the marriage, the greater the percentage will be awarded to the non-operating spouse.

States that Permit Same-sex Marriages

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Currently, Connecticut, Iowa, Massachusetts and Vermont allow same-sex couples to marry, made possible by courts and legislatures. In May, 2009, the Maine legislature approved a same-sex marriage law and planned to allow same-sex couples to marry in September; however, that has been put on hold until Maine voters decide in less than a week (as of this writing) whether to repeal or uphold the law.

Maine and New Hampshire are the Fifth and Sixth State, Respectively, to Permit Same-sex Marriage

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Maine and New Hampshire join Massachusetts. Connecticut, Iowa, and Vermont to total six states that permit same-sex marriage.

Iowa and Vermont are the Third and Fourth States, Respectively, to Permit Same-sex Marriage

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
On April 3, 2009, the Iowa Supreme Court’s unanimous decision in Varnum v. Brien, affirmed a 2007 lower court ruling that Iowa’s 1998 law limiting marriage to heterosexuals is unconstitutional. There is no residency requirement (unlike that of Massachusetts) to obtain a marriage license in Iowa. The law will take effect on April 24th.

Connecticut is the Second State in the Nation to Allow Same-sex Marriage

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
On October 10, 2008, Connecticut joined Massachusetts as the second state to permit same-sex marriage in Kerrigan and Mock v. The CT Department of Public Health. The court found that civil unions in Connecticut (permissible since 2005), while providing some protections and responsibilities akin to marriage, were “separate but not equal rights” and therefore violated the state constitution’s equal protection clause.

Same-Sex Marriage Update

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Currently, Massachusetts is the only state in the nation that permits same-sex marriage. Civil unions are available to same-sex couples in Vermont, Connecticut and New Jersey. Proponents of same-sex marriage rights argue that civil unions are not “separate but equal” rights.

Additional Legislations that Affects the Matrimonial Practitioner

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
The following are additional legislations that affects the matrimonial practitioner.

Section 1202.7(f) of the Uniform Civil Rules for the Supreme and County Courts

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
The amendment provides that “domestic violence cases pending in a criminal court in the county shall be eligible for disposition in the Integrated Domestic Violence Part if necessary to best utilize available court and community resources for domestic violence cases.

Statute of Limitation to Vacate a Prenuptial Agreement is Tolled during Marriage

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Prior to this new legislation, the different departments of the Appellate Division had conflicting rules regarding the statute of limitations on an action to vacate a prenuptial agreement. Some applied the 6 year statute of limitations, while others tolled the time during the parties’ marriage, since as a matter of public policy, a married couple should not be forced to litigate against each other.

U.K. Court May Throw Out Heiress’s Pre-Nuptial Agreement

  May 19, 2010     By Naimish & Lewis
A German heiress who believed a prenuptial agreement protected her $80 million fortune may lose several million dollars to her ex-husband because of a quirk in divorce law in the United Kingdom. On the other hand, her case could spell the end of the peculiar British legal standard.

Comity of Foreign Same-Sex Marriage

  May 19, 2010     By Samuelson, Hause & Samuelson, LLP
Godfrey v Spano, 2007 NY Slip Op 27105, 2007 N.Y. Misc. LEXIS 853 (Westchester County 3/12/2007) As discussed in my previous column, the recent Court of Appeals decision Hernandez v Robles, 7 NY3d 338, 821 NYS2d 770 (2006) held that the New York State Constitution does not compel the recognition of same-sex marriage in New York, and deferred to the legislature’s determination on the issue.

Child Support Modifications during a Recession

  May 19, 2010     By Naimish & Lewis
For the estimated 10 percent of Americans without jobs, child support can be an increasing hardship. However, those paying child support can often request modifications to the child support obligations if they can show a substantial change in circumstances since the child support was ordered. Parents on the receiving end can also seek modifications to increase their child support payment receipts if they are struggling financially.

California Embryo Adoption Dispute Pits Family Against Family

  May 19, 2010     By Naimish & Lewis
A unique custody case between a family in California and a family in Missouri raises new questions about custody disputes involving embryos.

Find a Local Lawyer