As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.
Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the
“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district
“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that
In this issue, I will be addressing parentage actions related to children born out of wedlock. Actions to establish paternity are controlled by Tenn. Code Ann. §36-2- 301 et seq. In Tennessee, most actions to establish paternity are brought in the juvenile court. However, a petition to establish parentage can be brought in the circuit or chancery court, as the
In recent past, the words premarital agreement or “prenup” admittedly held a negative connotation, implying the parties are contemplating their relationship’s inevitable end before they’ve entered the sacred bond of marriage. In this modern age, premarital agreements aren’t so much about planning for divorce, as they are a way of establishing the parties’ expectations during their marriage. For this reason,
Once most non-family law attorneys find out my specialty, they say “I would never do what you do!” Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of
As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding
Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client
As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.
Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the
“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district
“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that
In this issue, I will be addressing parentage actions related to children born out of wedlock. Actions to establish paternity are controlled by Tenn. Code Ann. §36-2- 301 et seq. In Tennessee, most actions to establish paternity are brought in the juvenile court. However, a petition to establish parentage can be brought in the circuit or chancery court, as the
In recent past, the words premarital agreement or “prenup” admittedly held a negative connotation, implying the parties are contemplating their relationship’s inevitable end before they’ve entered the sacred bond of marriage. In this modern age, premarital agreements aren’t so much about planning for divorce, as they are a way of establishing the parties’ expectations during their marriage. For this reason,
Once most non-family law attorneys find out my specialty, they say “I would never do what you do!” Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of
As you may recall from your constitutional law class in law school, the history of grandparent visitation rights is convoluted and deeply seeded in what is “perhaps the oldest of the fundamental liberty interests … the interest of parents in the care, custody and control of their children.” Troxel v. Granville, 530 U.S. 57 (2000). Due to the seminal holding
Old photographs, family antiques and the autographed basketball. Sentimental value plays our heartstrings, but does it help clients get their special items at divorce? The short answer is generally no. North Carolina’s equitable distribution rules don’t address sentimentality. So what’s a practitioner to do when a client really wants a particular item? You can start by learning how the client
