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By Cheryl Miller | August 30, 2023
Riverside County Superior Court Commissioner Wendy Harris, who was temporarily suspended from practicing law in 2021, had been disciplined by her presiding judge for displaying poor temperament in a different family law case.
5 minute read
By Elisa Reiter and Daniel Pollack | August 29, 2023
Employees who are victims of domestic violence need to grasp the importance of understanding their rights and protections under both state and federal law. Employers should also be aware of their obligations to provide leave and reasonable accommodations to employees who are victims of domestic violence.
10 minute read
By Matheu D. Nunn and Taryn R. Zimmerman | August 25, 2023
The Supreme Court's 'Cardali' decision held that the prima facie burden is simply a "threshold showing required so that the privacy of the spouse or civil union partner receiving alimony is not invaded in pursuit of a baseless cohabitation claim." The court—in what is an important clarification—held that the prima facie showing "is not intended to impose a high bar."
10 minute read
By Colleen Murphy | August 24, 2023
"No party argues that the agreement is not a valid contract," stated Justice William G. Montgomery, in his written opinion for the court. "But the contract is between husband and wife as a couple and the settling defendants in a personal injury lawsuit. Nowhere does the agreement state that husband and wife have agreed to distribute their property between each other in a particular way."
6 minute read
By Emily Saul | August 21, 2023
New York City Family Court support magistrates oversee matters including initial formal hearings for support and paternity proceedings. The deadline for applications is Aug. 29.
1 minute read
By Bari Weinberger | August 18, 2023
As a frequent, but often "under the radar" form of domestic abuse, coercive control is behavior in which one spouse obstructs the other spouse's personal liberties through tactics that exert power and manipulative control over the victim and ultimately undermine their autonomy and independence.
8 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey Siegel | August 16, 2023
What backup systems do you have in place to not only maintain records, but to prevent the destruction of records?
12 minute read
By Erika R. Piccirillo | August 16, 2023
For children of divorce with developmental delays who may require intervention, co-parents' inability to agree on whether intervention is necessary exacerbates the delay in treatment as they find themselves at a standstill in a court system plagued by judicial vacancies.
9 minute read
By Emily Cousins | August 15, 2023
The high court determined that because the transcripts were "sealed by another trial court in a separate proceeding involving different parties. The plaintiff's action is, therefore, a collateral attack on a sealing order imposed by a different court in a different action, which is not permissible."
3 minute read
By Alton L. Abramowitz | August 14, 2023
The case law surrounding the interpretation and enforcement of prenuptial agreements has become more profound and robust as time has worn on, making it interesting to and essential for family, estate and divorce law practitioners to review recent judicial precedents on a regular, periodic basis to look for guidance in assisting their clients seeking to engage in the private ordering of their new family's financial affairs as they enter into a marriage.
11 minute read
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