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We found 820 results for "The Matrimonial Strategist"...

Custody Litigation: A Psychologist Discusses a Broken System
This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
Reconciliation and Settlement
It is not uncommon for a couple to reconcile. The issue is what, if any, impact the couple's reconciliation has on their settlement agreement. The answer is: It depends.
Serving Divorce Papers Via Facebook
Practitioners of matrimonial and family law have seen firsthand, especially within the last eight years, the impact of different forms of social medi aon divorce and our practices. Facebook posts can greatly impact custody, support and divorce matters, especially in litigation.
<b><i>BREAKING NEWS:</b></i> Same-Sex Marriage Wins in Historic Supreme Court Ruling
Same-sex couples have a constitutionally protected right to marry, the U.S. Supreme Court ruled on June 26 in a history-making victory for the gay civil rights movement.
Challenging Estate Plans
Part One of this two-part series discussed bypass trusts, QTIP trusts, spousal lifetime access trusts (SLATs) and qualified personal residence trusts (QPRTs). This final installment reviews additional trusts with a focus on how matrimonial practitioners may attack assets held in such trusts.
Spotting Unreliable Child Interviews
Unfortunately, not all child interviews are created equal, and a biased or unskilled evaluator can shape or distort a child's recollection of family history.
Do Same-sex Couples Have a Constitutional Right to Get Married and Stay Married?
The U.S. Supreme Court is poised to decide whether any state may prohibit same-sex marriages ' or decline to recognize such marriages ' without running afoul of the federal Constitution. A decision is expected late this month.
When Binding Loyalty Creates Loyalty Binds
Behavioral science research has found that children are best served when they have healthy, quality relationships with both parents. Children are poorly served when one parent interferes with the child's relationship with the other parent.
Challenging Estate Plans
The year 2012 saw a deluge of trusts being formed to take advantage of what was perceived as the last opportunity to make large gift transfers before a possible decline in the exemption from $5 million to $1 million. The result of all of this should be the need to evaluate more trusts in more divorce cases in the future.
In Texas, Litigants Have Two Options
Although the Texas Family Code does not authorize alimony as that concept exists in other states, two options exist for post-divorce support payments for Texas litigants.

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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