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October 2010 Archives

NBA Star Wade in Court Battle with Wife, Seeks Custody of Kids

A child custody dispute in a divorce proceeding can range from the relatively benign to the hotly contested. It can be relatively simple and straightforward, or it can involve differing stories, harsh allegations, guardians ad litem, expert witnesses and other professionals, and intense media scrutiny.

Prenups: Planning Tool to Protect Retirement in Event of Divorce

"Falling in love is romantic, but paying the bills is pragmatic," says American Academy of Matrimonial Lawyers ("AAML") President Marlene Eskind Moses in citing the commonsense and growing allure that prenuptial agreements have for individuals and couples seeking to protect retirement income.

Alimony (Spousal Maintenance) in Georgia

Alimony (also commonly known as spousal maintenance or spousal support) was not even recognized under Georgia law prior to 1980. The Divorce Code of 1980 provides that alimony may be awarded by a court in its discretion "if it finds that alimony is necessary."Alimony in Georgia is not a remedy that is construed as broadly as it is in many other states, and it is far from being routinely awarded. There are no actual guidelines to determine its eligibility, nor a formula upon which a court relies to calculate a precise amount.

Celebrity Divorces Prominently Illustrate Family Law Concerns

Family law rules and standards - while generally sharing many similarities - are far from being unvaried in their substance and application among the various states.Celebrity cases, owing to their media prominence, sometimes serve to readily point that out. Much is being said in news stories presently about what looks to be the likely divorces of Courteney Cox and Christina Aguilera. These wealthy women were married to their spouses, and will probably be divorcing, in California, which is a community property state. The law there presumes that in property division matters, absent an instrument such as a prenuptial agreement, the assets a couple acquired during marriage will be split evenly.

Michigan Case Centers Attention on Child Support Law

Child support - often a central component in a divorce settlement - can sometimes take a surreal twist in the aftermath of a separation, especially when the media gets hold of a story like the following, which is admittedly a bit sensational.

Parental Alienation: Fiction or Well Established?

Among the responses that the term "parental alienation" elicits, indifference is clearly not one of them. As the American Psychiatric Association seeks to update its manual of diagnostic disorders, the question of whether parental alienation should formally qualify as a mental health syndrome is being hotly debated. "We've gotten an enormous amount of mail," says Dr. Darrel Regier, vice chair of the association's task force that is drafting the manual. "The passions on both sides of this are exceptional."

U.S. Resolution Condemns Japan in Abduction/Child Custody Matters

Our immediately preceding blog addressed a growing State Department concern with the difficulties that an increasing number of U.S. military service members are having with international child custody matters, most specifically, with locating and visiting their children who were taken abroad and, sometimes, with enforcing existing custody orders in their favor.

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