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  • Federal Tax Errors That Attorneys Make

    January 01, 2018 |

    This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.

  • Bisbing: The Relocation Question Wasn't Necessarily the Intriguing One

    January 01, 2018 |

    Part Two of a Two-Part Article

    According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.

  • Drafting Divorce Settlement Agreements

    January 01, 2018 |

    Best Practices

    This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.

  • Case Notes

    January 01, 2018 |

    Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.

  • To Relocate, or Not to Relocate; Was That Even the Intriguing Question in Bisbing?

    December 01, 2017 |

    Part One of a Two-Part Article

    As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is Bisbing v. Bisbing. This case is an important example that can be used to explore this topic throughout the country.

  • Ferri v. Powell-Ferri: A Critical Planning Case for Practitioners

    December 01, 2017 |

    The Trust Ferri Could Be Better Than the Tooth Fairy

    Practitioners should encourage all clients with existing irrevocable trusts to meet to review those trusts. Modifying old irrevocable trusts through decanting (or other means) might make improvements, or as in the Ferri v. Powell-Ferri case, save the trust assets.

  • Case Notes

    December 01, 2017 |

    Two cases of great interest, including one about the legitimacy of an IVF child whose parents are married.

  • Social Media: Questions of Admissibility and Ethics

    December 01, 2017 |

    Part Two of a Two-Part Article

    Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this article focuses on informal methods of acquisition.

  • Children of a Married Same-Sex Couple

    December 01, 2017 |

    The Presumption of Legitimacy

    In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.

  • Social Media: Questions of Admissibility and Ethics

    November 02, 2017 |

    Part One of a Two-Part Article

    This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.