Federal Tax Errors That Attorneys Make
January 01, 2018
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
<i>Bisbing</i>: The Relocation Question Wasn't Necessarily the Intriguing One
January 01, 2018
<b><i>Part Two of a Two-Part Article</i></b><p>According to the authors, using the holding of recent New Jersey Supreme Court case <i>Bisbing v. Bisbing</i> as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
Drafting Divorce Settlement Agreements
January 01, 2018
<b><i>Best Practices</i></b><p>This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
Case Notes
January 01, 2018
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.
Children of a Married Same-Sex Couple
December 01, 2017
<b><i>The Presumption of Legitimacy</i></b><p>In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.
<b><i>Ferri v. Powell-Ferri</i></b>: A Critical Planning Case for Practitioners
December 01, 2017
<b><i>The Trust Ferri Could Be Better Than the Tooth Fairy</i></b><p>Practitioners should encourage all clients with existing irrevocable trusts to meet to review those trusts. Modifying old irrevocable trusts through decanting (or other means) might make improvements, or as in the<i> Ferri v. Powell-Ferri</i> case, save the trust assets.
Social Media: Questions of Admissibility and Ethics
December 01, 2017
<b><i>Part Two of a Two-Part Article</i></b><p>Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this article focuses on informal methods of acquisition.
Case Notes
December 01, 2017
Two cases of great interest, including one about the legitimacy of an IVF child whose parents are married.
Social Media: Questions of Admissibility and Ethics
November 02, 2017
<b><i>Part One of a Two-Part Article</i></b><p>This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.
