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Marital and Family
Litigated Divorce in the USA As a Waste of Assets, by
Dr. Standler.
Discusses series of cases in Florida that hold that party who causes avoidable divorce litigation can be ordered to reimburse legal fees of other party. Also cites nationwide cases.
Florida.
27 pages. Written:
2008. Added:
8-02-2008.
Law Firm
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Marital and Family
Child Support Demystified, by
Tracey A. Bloodsaw, Esq..
Article explains child support laws and dispels common myths, misconceptions and confusion.
New York.
1 pages. Written:
2007. Added:
4-27-2008.
Blog
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Marital and Family
Death to the death tax?, by
J. Alan Jensen.
Many arguments for estate tax repeal have
emotional resonance. But they’re not based
soundly in logic or fact. The existing estate tax and its companion
gift tax and generation-skipping tax
provisions need help through amendment,
but repeal is not desirable.
Non-Specific.
1 pages. Written:
2005. Added:
5-12-2007.
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Marital and Family
Drafting the Prenuptial Agreement, by
Judith A. Fairclough.
Paractical issues and law under New Hampshire law
New Hampshire.
16 pages. Written:
2005. Added:
4-09-2007.
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Alternative Dispute Resolution
Family Law Arbitration from the Court Perspective, by
George K. Walker.
This paper attempts to analyze marital and family law practice using arbitration from a judge's perspective.
North Carolina.
28 pages. Written:
2006. Added:
3-23-2007.
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Marital and Family
Leaving on a Jet Plane? Maybe… Passport Issues Relating to Children, by
Noel K. Tucker and Phillip J. Tucker.
International aspects of family law cases are on the rise in Oklahoma. This may be attributable to several factors: 1) Love has always had an international fling about it. 2) The expansion of U.S. military commitments. has caused a significant increase in the deployment of military members to overseas duty stations. 3) 9/11.
Oklahoma.
5 pages. Written:
2007. Added:
3-22-2007.
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Marital and Family
Guardian ad Litem Representation, by
Julie S. Rivers, Noel K. Tucker and Phillip J. Tucker.
The scope of this material will review the use of the GAL in a family-law matter arising out of legal actions based primarily under Oklahoma law.
Oklahoma.
5 pages. Written:
2007. Added:
3-22-2007.
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Marital and Family
Representing Children: The Ongoing Search for Clear and Workable Standards, by
Barbara Ann Atwood.
In a dependency proceeding, a lawyer is appointed to represent a five-year-old child in foster care. The nature of the lawyer’s
role is not spelled out in the order of appointment. The child has told the lawyer of several experiences indicating that the mother has been intoxicated when caring for her son.
Non-Specific.
40 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
http://www.texasfamilylawyers.com/articles/updated2003custodyoverview.pdf, by
-.
This article explores the basics of Texas child custody law. It serves as a guide to a child custody lawsuit. Such lawsuits owe their existence to Title 5 of the Texas Family Code. This article is meant to illustrate generally the steps that a child custody lawsuit takes from beginning to end.
Non-Specific.
35 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
The application of the dead man’s statutes in family law, by
Steve Planchon.
This article will address existence & use of Dead Man’s Statutes in court system. Specifically it will concentrate on application of these statutes in arena of family law. Dead man’s statutes have been used in cases involving paternity, common law marriage, antenuptial agreements, child support & alimony payments, as well as general estate issues.
Non-Specific.
18 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Post Traumatic Stress Disorder and the Practice of Family Law, by
Lynne Gold-Bikin and Jonathan W. Gould.
In this article, we describe the prevalence of family violence, the need for family law attorneys to understand how to identify
reactions to family violence and maltreatment and how to deal with issues of family violence and maltreatment in the courtroom.
Non-Specific.
16 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Divorce Manual, by
American Academy of Matrimonial Lawyers.
To encourage the study, improve the practice, and advance the cause of matrimonial law, to the end that the welfare of the family and society be preserved. Like any handbook, this one is no substitute for legal advice. It is intended only to give you some idea of what to expect and to help you and your lawyer work together more effectively.
Non-Specific.
1 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Section 16: Alternatives to Litigation: Mediation, arbitration, alternative dispute resolution, and collaborative law., by
James K. Hoenig, J.D., Hon. Doug McNish (ret.); Elizabeth Kent, Esq.; Tracey Wiltgen, Esq..
This Section of the 2005 Hawai'i Divorce Manual discusses the principal alternatives to litigation - mediation, arbitration, and other forms of Alternative Dispute Resolution.
Non-Specific.
38 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Bones of Contention: Custody of Family Pets, by
Ann Hartwell Britton.
This article addresses the determination of pet custody after the dissolution of a relationship. The circumstances present conflicts analogous to child custody cases: physical placement, visitation, and financial support are all at issue. Part I examines the case law that informs this issue?
Non-Specific.
38 pages. Written:
2006. Added:
3-21-2007.
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Marital and Family
Valuing Stock Options in the Marital Context: Speculate, Agree, or Wait and See?, by
Darren K. Oglesby.
An issue that often confronts courts wrestling with the distribution of marital property upon divorce is how to deal with stock options held by one of the parties as a benefit of employment. Finally, a court may treat stock options
not as property, but as income to be considered when determining a payor’s support obligation.
Non-Specific.
12 pages. Written:
2006. Added:
3-21-2007.
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Marital and Family
Present Positions on Professional Goodwill: More Focus or Simply More Hocus Pocus?, by
Christopher A. Tiso.
This article is intended to summarize the present state of the law on professional goodwill among the states. In its current posture, it would not be too much of a stretch to categorize the cases on the subject into three simple groups the black group, the white group and the gray group.
Non-Specific.
18 pages. Written:
2006. Added:
3-21-2007.
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Marital and Family
Protecting Children From Incompetent Forensic Evaluations and Expert Testimony, by
Mary Johanna McCurley, Kathryn J. Murphy, Jonathan W. Gould.
Mental health professionals are frequently appointed by courts to become involved in custody cases in the role of child custody evaluators and expert witnesses. This role requires that the mental health professional assess the fit between a minor child’s emerging developmental and socioemotional needs and the parents’ comparative ability to meet those needs.
Non-Specific.
44 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Duress Diverts Dual Tax Liability for Joint Returns, by
Melvyn B. Frumkes.
If a joint tax return1 is filed by or on behalf of a husband and a wife, they are jointly and severally liable for the full tax liability. Furthermore such liability extends to the taxpayer with respect to a joint return even where that spouse failed to sign it, provided that it was intended to be a joint return.
Non-Specific.
16 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Domestic Violence Ten Years Later, by
Edward S. Snyder and Laura W. Morgan.
At that time its author Edward S. Snyder outlined the significant progress made in the
field of domestic violence from the 1960s through the 1980s, as feminism brought the scourge of domestic violence to the nation’s
attention. The article focused on how matrimonial practitioners should approach the issue of domestic violence in their
practices.
Non-Specific.
26 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Punishing attorney misconduct in family law matters, by
Lorri Kobe.
Scores of attorneys have been professionally disciplined or sued by their clients or third parties even when no criminal or contempt charges were filed against the attorney. This article explores the world of attorney misconduct that has resulted in discipline, criminal charges, contempt citations and civil suits involving family law matters.
Non-Specific.
18 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Behind the glass wall: Barriers that incarcerated parents face regarding the care, custody and control of their children, by
Pamela Lewis.
This article will focus on the rights incarcerated parents have in regard to their children while the parents are in prison, including the constitutional protections that all parents, including incarcerated parents, possess. Part II of this article will evaluate the fundamental rights that parents have in the rearing of their children.
Non-Specific.
20 pages. Written:
2005. Added:
3-21-2007.
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Marital and Family
Spending the Children’s Money: A Critical Look at Custodial Accounts, by
Joanne Ross Wilder.
Because the unilateral expenditure of children’s funds is almost guaranteed to generate a new series of disputes between the parties, it can be helpful for the lawyer to
discuss the children’s money with the client and what can – and cannot – be done with it.
Non-Specific.
8 pages. Written:
2006. Added:
3-21-2007.
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Marital and Family
Property Settlement Agreements, by
Sherry Chin.
A property settlement agreement is the end product of the negotiations of the parties and
their teams. It should be a comprehensive stand-alone document, a contract. It should be complete, unambiguous and easily comprehensible by the parties as well as disinterested parties.
Michigan.
13 pages. Written:
2005. Added:
3-18-2007.
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Legal Malpractice
Family Law: An Increasingly Risky Nusiness, by
LAWPRO.
In both count and cost, marital and family law-related malpractice claims are on the increase. By area of law, family law is LAWPRO'S fourth most common area of claims: Only
litigation, real estate, and corporate/commercial/bankruptcy rank higher.
Non-Specific.
4 pages. Written:
2005. Added:
3-18-2007.
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