How to Avoid Paying for Your Divorce
March 29, 2010
Two recent New Jersey cases highlight the problems matrimonial attorneys are having collecting their fees, and the creative methods clients are using to avoid payment.
How Much Is Too Much?
March 29, 2010
Few practitioners may be aware that in a handful of jurisdictions, temporary spousal support is calculated by a rigid formula based solely on the litigants' incomes, without regard to the actual need of the dependent spouse. This article focuses on the spousal support Guidelines in Pennsylvania, the only state in the country to employ a flat 40% calculation of the difference in the incomes of payor and payee to determine the award.
When 'If and When' Becomes 'Here and Now'
March 29, 2010
Mergers can present some difficult issues to matrimonial attorneys. A discussion of one such merger, pharmaceutical company Wyeth, will illustrate some of the problems and their resolutions. In addition, several sample forms follow this article.
Trusts and Divorce
February 25, 2010
The first part of this article addressed the Traditional Heir's Trust and Basic Insurance Trust. The conclusion herein discusses the Generation Skipping Trust (GST) Trust, Grantor Trust and Beneficiary Defective Trust.
Same-Sex Spousal Benefits
February 25, 2010
<i>Godfrey v. Spano</i>, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule.
NY Divorce Rule Freezes Couple's Assets Without Court Order
January 27, 2010
As of Sept. 1, 2009, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Litigation
January 27, 2010
Recent rulings of interest.
Children's Best Interests and Coached Custody Litigants
January 27, 2010
Though empirical data are not available, many who work in the family law field have come to a disturbing conclusion: Mental health professionals (MHPs) are engaging in activities, the objective of which is to assist litigants in presenting themselves to evaluators in deceptive ways.