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Marital Fault and Alimony

Laurence J. Cutler, Komal S. Ullah & Olga Kats-Chalfant

Fault-based divorces have fallen into ill favor and disrepute in most jurisdictions in the United States, thus reflecting the changing social attitudes toward gender roles. As a result, many jurisdictions have adopted 'no-fault' grounds for divorce, making divorce a generally less acrimonious event. But jurisdictions across the United States have maintained a split in how they have handled the concept of fault and alimony determinations. Currently, only 20 states do not consider the concept of fault or marital misconduct when making alimony determinations. Contrary to same, 22 states continue to allow consideration of fault when determining alimony awards.

A Spouse's Bankruptcy Trumps Divorce

Beth Bar

An ex-wife who was awarded all of the martial assets in a bitter divorce was nevertheless unable to take possession of those assets because they were part of the ex-husband's bankruptcy estate. A federal appeals panel so held, reasoning that because the matrimonial judgment was docketed after the filing of the Chapter 7 petition, the marital assets remained part of the bankruptcy estate subject to distribution by the bankruptcy court.

Is Your (Non-True) Lease a Sale?

Edward Gross & Philip Livingston

Just in case the transaction you've just documented using your standard lease forms is not a 'lease,' you've included a granting clause in the form and filed UCC 'notice' filings. So, you've protected the lessor from a re-characterization risk (<i>i.e.,</i> that the transaction is deemed not to create a 'lease' under commercial law) &mdash; right? Well, maybe not.

Features

Bit Parts

Stan Soocher

DVD Distribution/Product Labeling<br>Film-Payroll Services/Completion-Bond Reinsurers<br>Recording Agreements/Fiduciary Obligation<br>Songwriting/No Partnership Found

Counsel Concerns

ALM Staff & Law Journal Newsletters

Downloading Suits/Rule 11 Sanctions

Features

Clause & Effect

ALM Staff & Law Journal Newsletters

Production of Agreements/Motion Picture and Screenplay Rights<br>Recording Agreements/Non-Exclusivity

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Copyright Infringement/Summary Judgment Rulings

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

Practice Notes: Some Lawyers Find Entertainment Clients on MySpace

ALM Staff & Law Journal Newsletters

Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.

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