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Sentimental Value and Division of Marital Property

Catherine Pavur October 11, 2016

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

Antenuptial Agreements in MN Divorces: Not a Vote of ‘No Confidence’

Kathleen Newman September 4, 2016

Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to

Hats Off to the Texas Supreme Court

Dennis Fuller August 24, 2016

Once in a blue moon, the Texas Supreme Court issues an opinion that addresses an issue that is purely family law related. By that standard, there was a blue moon June 24, 2016. That is the day the Supreme Court issued the opinion in Ochsner v. Ochsner. This opinion potentially impacts tens, if not hundreds, of thousands of people paying

Divorce Coaches: Providing Support for Attorneys and Their Clients

Kathleen Newman August 3, 2016

During the very difficult process of divorce, coaching from a qualified professional can provide support and problem solving assistance to successfully augment legal representation. Attorneys practicing matrimonial law often complain that they spend a lot of time “handholding” their clients, which can distract the attorney from the primary functions of investigating and valuing assets and income, and preparing the financial

Challenges in Managing The CEO’s Divorce

Mitchell Reichman July 13, 2016

Representing a high-level executive in his or her divorce presents unique and recurring challenges to a family law practitioner. While every client’s divorce has its own particular circumstances, representing high net worth senior level executives have certain commonalities among them regardless of their profession and industry. These include the absence of time to devote to divorce-related tasks and difficulties accepting

Understanding How Personality Disorders Can Impact Divorce Cases

Kathleen Newman July 1, 2016

Attorneys who practice family law are often forced to deal with the challenging mental health issues of their clients and opposing parties. Some mental health issues can be addressed by referring a client to a psychologist for talk therapy or a psychiatrist for medication. Others, such as personality disorders, are much more difficult to address. Often, a client will refuse

The Art and Science of Building a Lifestyle Budget

Kathleen Newman June 3, 2016

Under Minnesota Statute 518.552, there are eight factors to be considered when determining spousal maintenance. Of these eight factors, defining the standard of living the parties established during the marriage is one of the more challenging ones. It is worth the effort and diligence to accurately assess and quantify the standard of living by means of a lifestyle budget to

Parenting Consultants: A Contractual Model for Resolving Parenting Disputes

Kathleen Newman April 27, 2016

Most family law attorneys would agree that of all the major disagreements that take place both during a divorce proceeding and post-divorce, issues that involve parenting minor children are most common. When parents share joint legal custody and parenting time, as most parents do, temporary changes to the parenting time schedule, vacation scheduling, participation in extracurricular activities, medical treatment, religious

The Putative Father Registry: An Update

Kara North March 8, 2016

Over the course of the last few years, Utah’s adoption laws have regularly made headlines, but not for the reasons one would hope. Nationally, Utah has become an infamous forum for non-resident birth mothers in search of adoptive families, often without the knowledge or consent of the putative father. Utah, not unlike many other states, does not recognize the interests

Lowering Conflict in Paying for Higher Education: How Divorce Impacts the College-Bound Child

Kathleen Newman March 7, 2016

One of the unspoken problems in divorce today is the financial impact it has on adult or soon-to-be adult children, assuming that the adult child is not disabled. In Minnesota, a person is considered an adult when they reach the age of 18. Minn. Stat. §645.451 subd. 3. Under the divorce statutes, however, financial support for a child continues until

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