When a Law Firm Partner Divorces
April 01, 2016
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Intellectual Property
April 01, 2016
Intellectual Property (IP) is a highly complex type of property and, as we saw last month in Part One of this article, there are few cases addressing its valuation in the context of divorce. On top of this, because of the emphasis on mediation and arbitration, fewer cases are being litigated in the court system, resulting in fewer court decisions addressing these complex issues. That means there is less guidance for the practitioner, as different treatments of similar facts and great ways of addressing IP valuation remain unreported.
Intellectual Property
February 29, 2016
Courts and negotiators, mediators and arbitrators across our country are grappling with questions surrounding the equitable distribution of intellectual property assets ' including, but not limited to, copyrights and patents. But this area of the law has not yet been fully addressed by case law.
The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
February 29, 2016
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
Custody of Pets
February 29, 2016
While any pet lover knows that a pet is not a piece of furniture but, rather, is beloved and irreplaceable, it is not likely that the court will enforce any agreement until such time as the legislature takes action.
ADR: NJ's Experience Shows Its Value to Family Law Practice
January 31, 2016
New Jersey has now embedded ADR not only in its legal lexicon, but in its way of resolving matrimonial disputes; NJ Rules of Court provide that methods of CDR "' constitute an integral part of the judicial process, intended to enhance its quality and efficacy.
When There Is No License, Is There a Marriage?
January 31, 2016
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
Tax Considerations and Issues Relating to Divorce
January 31, 2016
Divorce is a highly emotional activity. Nonetheless, finances play a big part of the process for many couples, and taxes impact financial decisions. Here are some tax issues that should be addressed in the course of a divorce.
Diagnoses in Child Custody Evaluation Reports
January 31, 2016
Thomas Szasz, best known for having written The Myth of Mental Illness, in 1961, observedthat diagnoses "may be, and often are, swung as semantic blackjacks ' " The diagnosis-blackjack should be removed from the arsenal of weapons used by litigants in custody disputes.
When There Is No License, Is There a Marriage?
December 31, 2015
Consider this situation: In the midst of a matrimonial proceeding, an undisclosed fact comes to light ' the client was previously religiously married and obtained a religious divorce, but never obtained a marriage license or civil divorce. What now?
