Divorce Articles
A Close Look at Alimony Legislation Pending in Massachusetts
When it comes to alimony law, reform and improvement have been sorely needed in Massachusetts for some time. ...
Defending Against Alimony Reduction/Termination Motions
Every ex hates to pay alimony, especially in these hard economic times. Most people in New Jersey ...
FERPA and College Contribution
New Jersey divorced parents who help pay for their child's college education are now legally entitled to review their child's grades/transcript. ...
Is the GPS Tracking of a Cheating Spouse an Invasion of Privacy?
Can I track my cheating ex-wife with a GPS or some other type of hi-tech gizmo? ...
The Enforcement of Mediation Agreements
Mediation is all of the rage in family court these days. However, in my professional opinion mediation ...
What Constitutes Full-Time College Enrollment/Attendance?
The connection between emancipation and what constitutes full time college enrollment/attendance was recently explored in the ...
When Words go to Court
When mediators and family lawyers reduce their clients' understandings to writing, the words they choose ...
Why I Love Divorce Mediation
Not every client getting divorced chooses mediation, but for those who do, the choice is almost always a wise one. ...
Aliens and Divorce - Overcoming Marriage Fraud
An attempt to gain resident status without a bona fide marriage is marriage fraud. Lawyers must consider the special needs of aliens in divorce ...
Alimony in a Changing Landscape
The alimony landscape in Massachusetts is changing and causing confusion for divorce mediators, lawyers, and their clients. ...
Alimony in Georgia
When you say the word "alimony", the first thing that comes to mind is divorce. ...
Alimony Modification: Re-marriage and Georgia's "Live-In" Lover Statute
Although there are several grounds for ending alimony, one of the most common is ...
Attorneys Fees in a Georgia Divorce
You can be awarded attorney's fees in a divorce, but the award of attorney's fees is ultimately decided ...
Balancing Advocacy and Neutrality: A Touchstone of Collaborative Practice
My collaborative cases are generally very satisfying. As I experience each collaborative case, I think about ...
Child Support and Life Insurance-Supporting Your Children After Death
Many couples choose to secure their support obligations through life insurance ...
Child Support Modification in Georgia
In Georgia, child support orders may be modified upon a showing of a substantial change in either parent's income ...
Collaborative Divorce - A Kinder, Gentler Divorce
Everyone has their horror stories about the divorce process. ...
Collaborative Law: The Magic of Counterpart Counsel
The crucial feature of collaborative law is conventionally thought to be the commitment not to litigate the case ...
Collaborative Negotiation
A new approach is sweeping the nation as an alternative to litigation ...
Collaborative Practice: A Marriage to the Divorce
The transformative nature of the process is created by several features ...
Common Law Marriage in Georgia
Common law marriage is a marriage recognized in some states even when there has been no official ...
Co-Parenting
To have a successful co-parenting relationship, one that is healthy for the children, each parent must allow the other freedom to parent in his or her own way. ...
Custody Evaluations (Minnesota)
Minnesota statutes provide that: "In contested custody proceedings . . . the court may order an investigation and report concerning custodial arrangements ...
Custody of Children Born Out of Wedlock in Minnesota
In Minnesota, the determination of custody for children born out of wedlock is no different than the determination of custody for children of marriage ...
Deductibility of Legal Fees Related to a Divorce
Although generally you cannot deduct legal fees you have incurred in obtaining a divorce, there are several exceptions ...
Dirty Divorce Tricks
Forget What the Papers Say, I'll Do This or That. There are various manifestations of this dirty trick such as sign the papers giving me custody ...
Divorce And COBRA
If you have been on your spouses' health insurance policy during your marriage, you will most likely not be able ...
Divorce and Computers
Like it or not we live in the 21st century and that means computers are apart of our everyday life. If you are contemplating divorce ...
Do I Have To Go To Court To Finalize My Divorce In Georgia?
It may seem unusual, but each judge in a certain county handles final divorce hearings very differently ...
Documents to Keep After Your Divorce is Final
Once your divorce is final, we recommend that you keep certain documents, especially if you are receiving ...
Domestic Abuse Orders for Protection in Minnesota
Domestic abuse is defined as any of the following committed against a family or household member. The domestic abuse order for protection is only available to the family and household members of the abuser. ...
Equitable Division of Marital Property in Georgia
In an equitable division state, each party receives an "equitable portion" of the marital estate but that does not necessarily mean that each party is entitled to exactly one-half ...
Estate Planning and Divorce in Massachusetts
Couples in the midst of divorce, and afterward should not lose sight of the need for estate planning during the process. ...
Family Anti-Terrorism - A New Weapon in Domestic Violence Law
New York State Legislature enacted The Family Protection and Domestic Violence Intervention Act which confronts, and allows for the opportunity to acknowledge, domestic violence ...
Family Law and the New Bankruptcy Code
There are several major changes that the new bankruptcy code hereinafter referred to as the BACPA has made on the practice of family law ...
Filing For A Divorce In Georgia When I Do Not Know Where My Spouse Lives
We have received several calls from women and men in which they want to file for divorce, but they are not sure where their spouse resides. ...
Financial Issues Of Divorce
Few things in life can change your financial outlook as much as a divorce proceeding. ...
Financial statements and financial disclosure in Massachusetts Divorce
For most people, a divorce is the largest financial transaction of their lives. Probably the most important part of the divorce ...
Five realities About Prenuptial Agreements-Why Having One May Be a Bad Choice for Your Marriage
Recently many articles have been appearing on the internet extolling the virtues of entering into a prenuptial or premarital agreement ...
Georgia Child Custody
Many people assume that the mother automatically receives custody of the minor children in a divorce ...
Georgia's Factors for Determining Alimony
There are several misconceptions about the award of alimony in a divorce case ...
Getting Divorced? You Have Options
Couples often find the preliminary stages of the divorce process overwhelming because of the many issues they need to consider. ...
Gifts and Loans in New Jersey Divorce
No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third ...
Grandparent Visitation Rights in New Jersey
The relationship between grandparents and their grandchildren has become increasingly complex over the past few decades. More and more ...
Grounds for Divorce in New Jersey
In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing of the action. ...
How A Custody Case Can Be Lost In 7 Easy Steps
As a family law attorney who regularly represents mothers and fathers in contested divorce trials ...
How a Divorce Lawyer Can Help A Marriage
My divorce practice has been transitioning - from a practice that helps people get divorces, to (at times) a practice that helps people stay married ...
How Do I Fill Out the Required DR-6 Financial Form
The DR-6 (a-b) "Statement of Assets Liabilities Income Expenses" is a form that all family court parties ...
How Do RI Courts Handle Significant Others and Visitation During Divorce
You are living with the love of your life (not your spouse). Your children live with you and are happy. All seems fine. What could go wrong? ...
How To Be A Good Client
Essentially, the best way to save on your legal expenses is to be a good client. If you and your attorney have agreed on a course of action, plan, or theory of the case, do not change direction, take any unilateral action ...
How to Get a Divorce: Let me Count the Ways
When asked about the methods of getting a divorce, I find that most prospective clients think ...
How To Win - Why Litigation May Not Be The Best Choice
Most of the work of a lawyer is to help a client achieve his or her goals in the most sensible and effective way, and at the least cost ...
Immigration & Divorce
Each year, more than 400,000 citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the U.S ...
Imputing Income for Child Support in New Jersey
It is quite common for the income of one parent - particularly a father - to plummet when marital warfare breaks out. ...
Inheritances and Divorce in New Jersey
In most instances inheritances are not subject to equitable distribution in a divorce case. The "black letter" answer to this question is that all property, ...
Irreconcilable Differences New Jersey's Version of a No-Fault Divorce
This new ground for divorce further allows either husband or wife to file a complaint for divorce without any specific reason ...
Joint Debts and Divorce
In a divorce, it is common for the parties to have join debt. While there is a lot of focus on dividing up the assets ...
Legal Custody in Minnesota
In Minnesota, custody is defined in terms of legal custody and physical custody. The scope of this article is legal custody. ...
Lump Sum Alimony vs. Periodic Alimony
According to Georgia law, alimony is defined as "an allowance out of one party's ...
Maine's Family Law Case Management System
You should have an attorney if your case involves child custody issues or alimony, or disputes over business interests ...
Matrimonial Jurisdiction for Aliens
There are many matrimonial situations in which New York Courts have extended jurisdiction to aliens. Many of these issues were directly addressed in the case of Coran v. Coran, ...
Mediation / Arbitration
There are many so-called "alternate dispute resolution" mechanisms available in Maine. Mediation with a court mediator is required in any family law matter before the case may go to trial. ...
Merger vs. Survival of Divorce Agreements in Massachusetts
Separation Agreements either "merge" or "survive" a Judgment of Divorce. When a separation agreement is merged into a Judgment of Divorce, its terms are incorporated into the judgment and are modifiable by the court ...
Modification of Child Support and/or Alimony After the Loss of a Job in Georgia
With the state of the economy in the United States today, it is not uncommon to hear that more and more people are losing their jobs ...
Modification of Custody Orders in Virginia
n an ideal world, after the final custody order is entered, all the animosity melts away and families transition seamlessly ...
Modification of Physical Custody in Minnesota
A Court may not change physical custody from one parent to the other unless the change is in the best interests of the child ...
Negotiation vs Litigation
Do I negotiate or litigate? As a general rule it is always better to negotiate if the two of you believe that you can have a meaningful dialogue, albeit a stressful one. ...
New Jersey Divorce Procedure
The filing of a divorce complaint starts the divorce case. A complaint for divorce is filed in the county in which the plaintiff lived ...
New Jersey Divorce Related Issues
Alimony, child support, child care, child custody, parenting plans, property settlelments, equitable distribution ...
New Jersey Domestic Violence
In 1982, the Prevention of Domestic Violence Act, codified at N.J.S.A. 2C:25-17, was enacted to address domestic abuse and provide civil remedies for domestic violence victims ...
New Jersey Post Divorce Issues
Many people make the mistake that once their divorce is over, that their family court problems are over. This is a very big misconception. ...
New Jersey Premarital and Cohabitation Agreements
Premarital agreement or antenuptial agreement may be used by a couple to determine, prior to marriage, what each party's rights and obligations will be in the event of divorce. ...
Parenting Plans in Minnesota
Minnesota litigants have had the option of stipulating to a "Parenting Plan" in lieu of a traditional custody award ...
Parenting Time (a/k/a Visitation) in Minnesota
The general rule is that parenting time (visitation) is mandatory. Typical parentint time schedules and modification of parenting time ...
Paternity in Minnesota
The days of factual disputes over paternity are long gone, as the issue of biological paternity is now decided by DNA, which is hard to argue with. ...
Penalties For Not Paying Child Support in Georgia: License Revocation
Licensing agencies in Georgia can revoke or suspend someone's license if he or she is in arrears behind in paying child support for a period of more than sixty days ...
Post Separation Suggestions For Custodial Parents
You have no power to control what happens when your child spends time with the other parent. Your attitude toward these visits, however can influence the emotional tone of the visits ...
Post Separation Suggestions For Non Custodial Parents
It is important that you, as the non-custodial parent, establish a consistent way to maintain contact with your child ...
Preparing For Divorce
A person considering divorce should be as prepared and informed as possible ...
Property and Debt Allocation in Minnesota Divorce
In Minnesota, all property acquired during the marriage by either party is presumed to be marital property. This means that earnings and ...
Real Estate: Bubble or not? How does it effect our Divorcing clients
There is a lot of talk of a real estate bubble bursting. It looks like we are at least in a slowdown. Even if real estate returns to "normal" how should we be advising our clients regarding their ownership of real estate? ...
Social Networking and Electronic Communications in Custody and Divorce Cases
Technology is a wonderful tool to make our lives easier and help us connect ...
Spousal Maintenance in Minnesota
Spousal maintenance awards can be difficult to predict, because there are no Guidelines, as with child support ...
Stock Options and Divorce in Massachusetts
Under Massachusetts divorce law, stock options are, generally speaking, treated as marital property ...
Taking the War Out of Our Words: Sharon Ellison's "Powerful Non-Defensive Communication" Workshop
Intrigued by the title of the workshop and feeling that I needed to work on my skills in managing effective communication ...
Ten Things You Need To Do If Divorce Is Imminent
Consult an Attorney, Copy Documents, Inventory Household and Family Possessions ...
The Art of the Prenup -- Use Sparingly
Prenuptial agreements are not lollypops. They are extremely serious agreements ...
The Bee in Your Bonnet Syndrome: You May Not Need to Go Down tht Divorce Chute
My job is to sort through the wreckage of a marriage to help clients find a ...
The Importance of Temporary Custody in Minnesota
In cases where the issue of custody is contested, there is often an initial hearing where the Court decides issues of custody ...
The Standard for Determining Physical Custody in Minnesota
As in many areas of family law, the standard applied by the Court in making an initial award of physical custody is the so-called "best interest of the child" ...
The Successful Divorce
Experience and academic studies have helped us identify the basic elements of a successful divorce. 'Successful,' as used here, means completing ...
Tips For Testifying in Court
Sometimes the only way out is to actually go to court on your divorce. Here are some very practical tips for testifying in court. ...
Treatment of Disability Pay in Military Divorce
A proper understanding of the issues surrounding military disability retired pay and VA disability compensation is important in most military divorce cases ...
What Collaborative Counsel Does for the Collaborative Client
Collaborative law is a form of alternative dispute resolution for divorcing couples who prefer not to endure litigation ...
What Happens in a Divorce in Georgia?
While we spend a lot of time in our blog talking about various divorce sub-topics in Georgia, most people coming into our office at the very beginning ...
What is Collaborative Family Law?
Collaborative family law is a powerful and effective way for people who are divorcing to reach fair solutions and resolve differences ...
What Is The Difference Between A Contested And Uncontested Divorce?
If you are thinking about filing for divorce and you contact an attorney, one of the first questions they will ask you ...
What's the Difference in RI Between Legal Separation and Divorce?
In a divorce there are generally four major categories of things to deal with ...
When Divorce Means Re-entering the Job Market
In working with divorcing couples, reemployment of an "at-home" spouse is a recurring theme ...
When Love Hurts
Domestic violence is a pattern of controlling and coercive behavior which can involve ...
When should you choose collaborative divorce?
Essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement ...
Where There's A Will - Why It's Better to See An Attorney about a Will
Many individuals ponder over whether to make an appointment to consult an attorney when all they want to do is to have a will and other estate planning documents prepared ...
Your first appointment with your divorce lawyer
For most people the first step they take in getting divorced is contacting a divorce lawyer. A lot has been written on how to choose a lawyer. ...
Yours, Mine, and Ours - Financial Challenges of Second Marriages
There are essentially financial issues summarized by ...
