Family Law

  • Law.com

    $7M 'Bad Boy Clause' in Postnuptial Agreement Is Lawful, State High Court Holds

    By Marianna Wharry | September 8, 2023

    The high court said that while the lump sum provision would constitute an unenforceable penalty had it been in a traditional common law contract, Lloyd and Niceta's marital agreements are not governed by the same principles.

    3 minute read

  • New York Law Journal

    How To Deal With a Child Victims Act Client With a Weak Case

    By Helene M. Weiss and Daniel Pollack | September 8, 2023

    A discussion of the issues involved in the difficult decision to bring a lawsuit by a child sexual abuse survivor where the attorney must be sensitive to the client's experience, yet frank about possible case outcomes.

    6 minute read

  • Daily Business Review

    Appellate Considerations of Recent Family Law Reform

    By Jessica L. Underwood | September 8, 2023

    The governor signed the new laws on June 30, and they took effect on July 1. As with any statutory amendments, confusion arises as to when the amended statutes apply and what impact they have on pending cases, which leads to issues for appeal. This article considers the new amendments and their ramifications for appeals.

    5 minute read

  • Daily Business Review

    Your Divorce Isn't Your Identity

    By Rebecca L. Palmer | September 7, 2023

    At our firm, we have helped clients get to the other side of what is unquestionably one of the most challenging times in their lives. Our work entails not merely untangling all of the legal issues (and paperwork) that accompany marital dissolution but also being our clients' adviser and confidante. After all, there's a reason my profession's name derives from a Latin root meaning "advocate."

    4 minute read

  • New Jersey Law Journal

    SCOTUS 'Dobbs' Decision Spawns NJ Legislation Protecting Interracial Marriage

    By Colleen Murphy | September 6, 2023

    "The New Jersey State Bar Association believes that the right to marry or enter into civil unions is a fundamental right for which race should not be a factor," New Jersey State Bar President Timothy F. McGoughran said in a statement emailed to the Law Journal. "The United States Supreme Court declared this right fundamental under the Equal Protection Clause in 'Loving v. Virginia' and this bill ensures that New Jersey takes the important step to ensure that remains true in our state on this day and in the future."

    5 minute read

  • The Legal Intelligencer

    High Swartz Brings on Ex-Federal Prosecutor, Resurrecting Criminal Defense Practice

    By Amanda O'Brien | September 5, 2023

    John Han was a trial attorney in the U.S. Department of Justice's organized crime and gang section for 15 years.

    4 minute read

  • New York Law Journal

    Daughters of Divorce Must Pay Sorority Expenses—Sometimes

    By Alan Feigenbaum | September 1, 2023

    In a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano's decision in C.A.B. v. D.S.B. for guidance. The focus of this article will be the mother's request in C.A.B. to hold the father responsible for reimbursing her with his pro rata share of their daughter's sorority costs.

    6 minute read

  • The Recorder

    Riverside Court Commissioner Admonished for Demeaning Child Custody Litigants

    By Cheryl Miller | August 30, 2023

    Riverside County Superior Court Commissioner Wendy Harris, who was temporarily suspended from practicing law in 2021, had been disciplined by her presiding judge for displaying poor temperament in a different family law case.

    5 minute read

  • Daily Business Review

    Should a Victim of Domestic Violence Be Entitled to a Leave of Absence From Work?

    By Elisa Reiter and Daniel Pollack | August 29, 2023

    Employees who are victims of domestic violence need to grasp the importance of understanding their rights and protections under both state and federal law. Employers should also be aware of their obligations to provide leave and reasonable accommodations to employees who are victims of domestic violence.

    10 minute read

  • New Jersey Law Journal

    Cohabitation Frustration No More: New Ruling Clarifies the Prima Facie Burden

    By Matheu D. Nunn and Taryn R. Zimmerman | August 25, 2023

    The Supreme Court's 'Cardali' decision held that the prima facie burden is simply a "threshold showing required so that the privacy of the spouse or civil union partner receiving alimony is not invaded in pursuit of a baseless cohabitation claim." The court—in what is an important clarification—held that the prima facie showing "is not intended to impose a high bar."

    10 minute read

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