Family Law

Tax Laws Pose Special Problems for Divorcing Gay Couples

Lawyers are finding creative solutions to tax obstacles faced by divorcing gay couples. Retirement savings and pension plans are easily divided when heterosexual couples divorce. But for gay couples, the savings plans may have to be cashed out and heavily taxed, the Washington Post reports. Under current law, only $12,000…

Jan 2, 2008 3:52 PM CST

New Practice Area for Nev. Firm: Suing State Over Child Abuse

To report a case of child abuse, you call a state agency. But what do you do when the state agency itself is mistreating a child? Two brothers who practice law together in Las Vegas have an answer to that question for people concerned about abused foster children in Nevada:…

Dec 21, 2007 2:18 AM CST

Ohio Supreme Court: Surrogate Mom Has No Parental Right to Triplets

In a cutting-edge case that has spotlighted the gap between traditional family law principles and state-of-the-art medical options for dealing with infertility, a Pennsylvania woman who carried triplets to term as a surrogate mother for an Ohio man has been found to have no parental rights over the infants. Because…

Dec 20, 2007 10:49 PM CST

Already Rich, Bride Seeks More From Soon-To-Be Ex-Husband #4

In a case that may change the way antenuptial agreements are handled in the U.K., a wealthy British bride who had essentially separated from her fourth husband within six months of their marriage is seeking to invalidate a premarital pact that each keeps his or her own assets in a…

Dec 20, 2007 4:33 PM CST

Kinder, Gentler Collaborative Divorce Also Costs Less

A kinder, gentler method of getting divorced has won fans among both clients and counsel. But it has yet to win over some traditionalists, who wonder, for instance, why collaborative divorce must include a promise not to litigate. (Those who violate the ban on courtroom battle have to start over…

Dec 18, 2007 8:48 PM CST

Laws and Cultural Pressures Condemn Some Widows to Poverty

Discrimination against widows in many countries is a hidden problem that dooms the women and their families to a life of poverty. Cherie Blair, the wife of former British Prime Minister Tony Blair, set out to shine a spotlight on cultural traditions and laws that discriminate against widows in an…

Dec 18, 2007 3:28 PM CST

Man Can’t Get Alimony Reduced Because Ex-Wife Is in Jail

A New York judge has refused to reduce a man’s $4,000 a month in alimony payments to his ex-wife who is in jail after pleading guilty to a drug possession charge. Justice Elaine Jackson Stack refused to lower the amount, saying it could be detrimental to the woman when she…

Dec 17, 2007 1:09 PM CST

Broken Elevators Delay Bronx Family Court Hearings

Out-of-service elevators at the Bronx Family Court have led to hours-long waits for working elevators by litigants and witnesses. Some judges have been forced to postpone hearings because of the delays, the New York Times reports. In some cases judges issued arrest warrants for people who were waiting in the…

Dec 12, 2007 2:29 PM CST

R.I. Gay Couple Can’t Divorce There, State High Court Rules

The Rhode Island Supreme Court has refused to allow the state’s courts to grant a divorce to a lesbian couple married in Massachusetts. The 3-2 ruling (PDF) released Friday said Rhode Island defines marriage as a union between a man and a woman, and the legislature would have to change…

Dec 10, 2007 1:49 PM CST

Adult Children Sue French Parents for Support—and Win

A growing number of adult children suing their parents for support—and winning—has sparked a lobbying effort to revise the French law that holds parents responsible for supporting their children into their 20s and beyond. French parents’ obligation to “nourish, maintain and raise” their children dates back to an 1804 Napoleonic…

Dec 7, 2007 10:50 PM CST

No Right to Divorce Counsel in Wash.

There is no right to taxpayer-funded counsel in a divorce case under the Washington state constitution, the state’s supreme court has ruled in a closely watched case. But it would still be a good idea to provide divorce lawyers to those who can’t afford them, the supreme court says in…

Dec 6, 2007 7:45 PM CST

Divorce Harms the Environment

Here’s a new reason to avoid divorce: It harms the environment. A new study by Michigan State University researchers says divorced American households in 2005 alone spent 46 percent more per person on electricity and 56 percent more on water because they now lived in separate households. If they had…

Dec 4, 2007 7:46 PM CST

Employer on Hook for $1.17M in Child Support Fines

In an unusual family law enforcement action in Illinois, the state supreme court has awarded a whopping $1.17 million to a mother who has fought for years to collect $12,000 in back child support. Here’s the twist. The father isn’t the target of the bulk of the award. Rather, the…

Nov 30, 2007 5:48 PM CST

Worth Mag. Lists Top Lawyers for the Wealthy

CORRECTED: A magazine for the well-to-do is coming out with its annual list of the top 100 lawyers for the well-to-do. Texas lawyer John Bergner announced in a press release this week that he’s been named in the list again, along with two other lawyers from Texas. Lawyers from Schiff…

Nov 20, 2007 5:54 PM CST

Wife Seeks Share in Church ‘Asset’ in Divorce Case

In a case that could signal the start of a potential new trend in New York state, the soon-to-be-divorced wife of a pastor is contending that his church should be treated as a marital asset. The wife, who is not named, says her husband treated the Brooklyn house of worship…

Nov 19, 2007 6:17 PM CST