By Riley Brennan | November 20, 2023
"We do not find that, based on the allegations in the Amended Complaint, the asserted casual connection between Dicke's conduct and the Resors' loss is too speculative as a matter of law to sufficiently plead a legal malpractice claim," Judge Mark C. Miller wrote for the court. "Further supporting this finding is the (alleged) fact that, after the Resors hired alternate legal counsel, they succeeded in having the three dependency cases dismissed and gained back custody of their children."
By Lauren Waddell | November 20, 2023
In family law cases, the most important consideration is whether or not the parent's actions demonstrate that the parent prioritizes the needs of the child.
New York Law Journal | Analysis
By Joel R. Brandes | November 17, 2023
In his Law and the Family column, Joel R. Brandes breaks down the Respect for Marriage Act, which provides federal statutory authority for same-sex and interracial marriages and replaced provisions in the Defense of Marriage Act that defined, for purposes of federal law, marriage as between a man and a woman, and defined a spouse as a person of the opposite sex.
New York Law Journal | Analysis
By Alton L. Abramowitz and Leigh Baseheart Kahn | November 16, 2023
Recent news stories featuring celebrities, prominent businesspeople and the wealthy provide fodder for public consumption and their reported circumstances and controversies lend themselves as examples of situations (occasionally outlandish) that provide important lessons to matrimonial and family law practitioners and their clients.
By Colleen Murphy | November 15, 2023
"In the absence of any allegation of fraud or breach of trust, application of N.J.S.A. 3B:3-14 in this case, which allowed the estate to improperly avoid the consequences of the bonds' beneficiary registration, conflicts with the governing federal regulations under 'Free' and 'Yiatchos' and is therefore preempted," stated Judge Greta Gooden Brown. "Nothing in the parties' DSA warrants a contrary conclusion."
New York Law Journal | Commentary
By Dina De Giorgio | November 15, 2023
For the most part, technology is good—but when couples find themselves in a divorce, the rules about the use of technology change. This article discusses how attorneys should advise clients how to modify their use of technology to protect themselves and their children and be clear about the consequences of "cyber spying" during a divorce.
Daily Business Review | Commentary
By Rebecca L. Palmer | November 14, 2023
Frequent deployment, unpredictable schedules, and relocation can cause strain on a marriage and the family, resulting in the military having the highest divorce rate of any career field.
By Susan Myres | November 13, 2023
The implications of this new Texas rule will only be revealed over time and through case law as it develops. "I want to be the test case," said no one ever.
Daily Business Review | Commentary
By Rebecca L. Palmer | November 6, 2023
If you vote in person and it's your day to watch your child due to your custody agreement, don't worry; nothing stops you from bringing your minor child to the polling station or the polling booth on Election Day.
By Alan Feigenbaum | November 2, 2023
A discussion of the recent Nassau County decision in "SG v. MG," which "reinforces the essential premise that when it comes to the safety of children of divorce (in fact, the safety of children generally), it is not acceptable to "roll the dice" and "take a chance."
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