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Spouses Equitable Distribution

Lewitt Hackman

Who Gets What in a California Divorce?

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Dividing assets in a divorce is one of the most complex aspects of an already emotionally, physically, and financially challenging process. Without a prenuptial agreement or a postnuptial agreement, determining who gets what...more

Kohrman Jackson & Krantz LLP

What to Expect at a Final Hearing in a Domestic Relations Lawsuit

You’ve done all the hard work in your divorce or dissolution action. You’ve exchanged any requisite documents and other discovery, made a full and complete disclosure of all your assets, liabilities and income, and completed...more

Kaufman & Canoles

5 Practical Steps to Take Upon Separation

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Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of...more

Ward and Smith, P.A.

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

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Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal...more

Ward and Smith, P.A.

Preparing for your Post-Separation Support and Alimony Case in North Carolina

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Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what each of these terms mean and your general eligibility for spousal support. There are two types of...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

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On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Dentons

Five Ways to Sabotage Your Divorce (And Why You Really Shouldn't)

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You're going through a divorce. Your spouse says something that cuts deep—maybe they call you an unfit parent or threaten that you'll walk away with nothing. These brief yet hurtful comments can trigger impulsive actions. But...more

Offit Kurman

New York Takes a Progressive Step with Uncontested Joint Divorce

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On January 31, 2025, the Chief Administrative Judge of the State of New York announced an inventive pilot program designed to change how the court system processes divorces, introducing the concept of "uncontested joint...more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

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Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

DarrowEverett LLP

Florida Divorce Ruling on Personal Goodwill Could Impact Other States

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In early July 2024, Florida enacted a significant amendment to its equitable distribution statute, particularly concerning the treatment of personal goodwill in divorce proceedings. These changes, coupled with the pivotal...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Divorce: The Importance of Financial and Appraisal Experts

Divorces are stressful and emotionally challenging. Amidst feelings of loss and uncertainty, there are practical matters that require careful attention, especially when it comes to financial assets. In addition to having a...more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Fox Rothschild LLP

Zombie Mortgages: It’s the Time of the Season When Debt Gets High.

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As Spring came this year, the news was filled with reports that we would see an especially large crop of ciccadas this year as the 13 year brood is coming at the same time as their 17 year cousins. But it isn’t just insects...more

Jaburg Wilk

Seven Myths about Getting Divorced in Arizona

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We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

A House Divided-Who Keeps the House in a Divorce?

When you hear a couple is divorcing, one of the first questions people ask is “who is keeping the house?” Clients rarely ask the question that way. They more often ask, should I keep the house? Indeed, that is the better...more

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

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April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more

Fox Rothschild LLP

Divorce Lawyers Facing Their Own Navigation Issues as Social Security Veers Off Course.

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It’s an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control,...more

Fox Rothschild LLP

Pervasive Family Law Themes in Reality TV Part I

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I can lie and pretend to watch educational series, all law dramas, during my limited free time between work and two little kids, but I will be honest and tell you that reality TV runs on repeat between my husband’s sports (or...more

Ward and Smith, P.A.

How to File for Divorce

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Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more

Fox Rothschild LLP

HOLD ‘EM OR FOLD ‘EM? Volatile Assets During Divorce

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The assets we write about are nice ones to own. Philadelphia is home to a significant research and technology investment community. Pittsburgh also hosts these kinds of businesses. They can create special problems in a...more

Fox Rothschild LLP

Quagmire Investing: The Risks of Seeking Instant Wealth

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Your spouse just came home from the club. The ostensible mission was golf and perhaps another round or two at the proverbial 19th hole. But, tonight there’s not just the travails of the par 3s on the back nine holes or...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

Moving “Family” Money: An Irksome Question

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As my colleague Eric Solotoff of the New Jersey Family Law Blog noted in a recent post the 2024 Divorce Season officially launched on January 2 as many unhappy couples defer taking action until the holidays are over and folks...more

Fox Rothschild LLP

The 529 Plan Hangover; Disposing of Unused Funds.

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Modern day divorce brings us assets in many forms and many of them are “pregnant” with tax consequence when they are divided. In almost all cases, couples who can’t agree on much do tend to acknowledge that money they have...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

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When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

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