A Spouse's Bankruptcy Trumps Divorce
June 28, 2007
An ex-wife who was awarded all of the martial assets in a bitter divorce was nevertheless unable to take possession of those assets because they were part of the ex-husband's bankruptcy estate. A federal appeals panel so held, reasoning that because the matrimonial judgment was docketed after the filing of the Chapter 7 petition, the marital assets remained part of the bankruptcy estate subject to distribution by the bankruptcy court.
Alienation of Affection
June 28, 2007
The San Francisco businessman who flies to Maui to meet his married girlfriend for a romantic week in paradise; the Memphis nurse who travels to the coast for a night of gambling and drinking with her married Biloxi boyfriend; the Indianapolis lawyer who drives to Chicago to meet a married paralegal for fun and frolic on the Miracle Mile; and the married Texas oil man who meets his also-married paramour in her hometown of Santa Fe for a couple of days of shopping and dining ' these undercover lovers could find themselves as defendants in alienation of affection lawsuits filed by aggrieved spouses in states where that arcane tort still exists. Hawaii, Mississippi, Illinois and New Mexico are four of only seven states that still maintain a cause of action for alienation of affection. The other three states are North Carolina, South Dakota and Utah.
Applying Pressure to Get a 'Get'
May 30, 2007
In an unusual twist on a growing religious issue, a Boca Raton, FL, psychiatrist who refused to grant his ex-wife a Jewish religious divorce ('get') has filed suit to stop members of a local synagogue from holding demonstrations in front of his office demanding that he give her the divorce.
New Standards for Appraisers
May 30, 2007
Since mid-2006, several extraordinary changes have taken place with regard to 'raising the bar' of valuation practitioners. Family law attorneys need to recognize these changes and be prepared to demand better expert appraisal services. Not only will you be more able to challenge the unprepared novice, but you should expect that your expert appraiser may well be challenged by competent opposing counsel.
Follow the Rules or Forget Your Fees
May 30, 2007
While all states have rules addressing attorney practices, New York appears to stand alone in singling out the matrimonial practice for special attention. New York matrimonial and family law practitioners are highly regulated. We are governed, not only by general disciplinary rules and the code of professional conduct applicable to all attorneys, but we are also regulated by what is commonly known as the 'Matrimonial Rules,' set forth in the New York Code of Rules and Regulations. In addition, the disciplinary rules also contain provisions, exclusive to family law practitioners, prohibiting contingency fee retainers and restricting sexual relationships between attorney and client.
NY Divorce Ruling Awaits Action in Legislature
May 30, 2007
The New York judiciary has taken what can be seen as an extraordinarily activist position in an attempt to urge the legislature to change its position on the grounds for divorce in New York, the only state that still requires grounds for divorce. A trial judge has decided to withhold his ruling in a divorce case in the hope that the state legislature will soon pass a bill adding irreconcilable differences as no-fault grounds for divorce in New York state.
Cohabitation and Alimony
May 30, 2007
In June 2005, the Florida State Legislature amended its modification and enforcement statute, ' 61.14, Fla. Stat., to provide that a 'court may reduce or terminate an award of alimony upon specific written findings ' that ' a supportive relationship has existed between the obligee and a person with whom the obligee resides.' While the statute obviously only applies to the State of Florida, it raises issues for drafters of marital settlement agreements in other states. The purpose of this article is to explore some of the questions that a family-law practitioner should be asking and considering in the drafting of a marital settlement agreement given the Florida experience in the area of post-judgment cohabitation of a recipient spouse.
Don't Be a Stranger!
May 01, 2007
We here at Law Journal Newsletters pride ourselves on providing the best-possible, most useful content for our readers. We do this by keeping in constant contact with our Boards of Editors, almost all of whom are attorneys who are experts in their various fields. We talk to readers who call and e-mail. We devour other legal publications (since ALM is our parent company, we have access to the best legal dailies and magazines in the'
Litigation
April 27, 2007
Recent rulings of interest to you and your practice.
Leaving Retirement Plan Benefits to Trusts
April 27, 2007
As the baby boomer generation ages, a greater and greater concentration of wealth is being held in retirement plan benefits. Dealing with the complexities of retirement plan benefits, whether it be via a prenuptial agreement or a divorce settlement, is unavoidable. An inadequate understanding of how these plans work can make a significant difference in your client's tax bill.
