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Sometimes a party obtains a Judgment of Divorce outside of the jurisdiction where the marital residence is located, and the other party does not appear in that action. Thereafter, when either party commences an action for distribution of marital property in the state of the marital residence, a question arises as to what date is used as a cutoff date in classifying whether property is marital or separate. Is it the date of the earlier commencement of the divorce proceeding in the foreign state, or the date of the later commencement of the distribution action?
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Federal Tax Errors That Attorneys Make
By Matthew A. Feigin
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
By Laurence J. Cutler and Alyssa M. Clemente
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
By David Bliven
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.
By ljnstaff
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.
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