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Now more than ever, couples live together and share finances before marriage as a means of testing the waters of their relationship prior to making a permanent commitment. Some couples even purchase homes prior to their marriage. In some instances, one party purchases the home, titling it in his or her own name and paying for the home with his or her separate funds. In doing so, the party may believe that the property will remain separate non-marital property in the event of divorce. However, in some jurisdictions, including Illinois, unbeknownst to the purchaser, he or she may be invoking a major exception to the general rule that property one acquires before marriage is “non-marital” property.
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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.
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.
By David Bliven
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.
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.