‘DIVORCE CASE LAW’ Archives
CONNECTICUT: Peter McKenna v. Roberta Delente (on appeal court says prenup enforceable, etc.)
This Connecticut case raised the age old question of how to get out of a properly executed prenup. The court of appeals basically decided, you can't. Roberta Delente, 42, was a Brazilian model who was married to Peter McKenna, a partner in a law firm. The two executed a prenup 5 days prior to their 1999 nuptials. As expected, the prenup said [...]
NEW YORK: Gays & Lesbians have to pay child support after they break up
Not much else needs to be said about this. We agree with this ruling from the New York Court of Appeals. http://www.law.com/jsp/article.jsp?id=1202464323800&NY_Appeals_Court_Affirms_Lesbians_Duty_to_Pay_Child_Support
TENNESSEE: What are the divorce laws in Tennessee and how will they impact Al and Tipper Gore’s divorce?
DIVORCE TENNESSEE STYLE - It's my first post of the day as I've been communing with my cat who is unwell. Actually, I took him to be "put down" on Saturday and then I realized, hey, what the eff are you doing? This little creature may be sick but he can see and hear and eat and so he wobbles and collapses under his weight and there is a big, ugly, [...]
KANSAS: Johnston v. Johnston and their high-carat “blood diamond” divorce Part II
If you have not read Part I to this post, you may want to just to get some context. This is a story of high intrigue coming out of the farmlands of Kansas (which makes it even more fascinating!). Just a quick summary: A young Kansan couple Chris and Karen Johnston, meet, marry, buy a diamond mine in Africa, travel around the globe in [...]
TEXAS: Sandra Bullock files for divorce in Austin Texas, not Los Angeles, CA: A look at divorce in Texas v. California
Academy Award Winner Sandra Bullock has filed for divorce and is proceeding with the adoption of an infant boy, Louis Bardot Bullock, even though she's living in Los Angeles. Question: Why did she file in Austin Texas even though she's got a home in Hollywood? Well, for one thing, she also has a residence in Austin, so, at least for part of the [...]
NORTH CAROLINA: What does “alienation of affection” mean Ms. Elizabeth Edwards?
WHAT IS ALIENATION OF AFFECTION? Elizabeth Edwards, former (almost) wife of former presidential candidate John Edwards has threatened to sue former campaign aid Andrew Young for "alienation of affection." What that means is that she is blaming Andrew for the breakdown/implosion of her marriage to the former senator and former presidential [...]
MASSACHUSETTS: Should retirees get out of paying alimony?
SHOULD RETIREES GET OUT OF PAYING LIFE-LONG ALIMONY? A peek at the Rudolph Pierce v. Carniece Pierce, Massachusetts case A couple of months back, the New York Times ran this article Retirees Still Liable for Alimony, Massachusetts Court Rules. When I first read the article, I didn't really think it was all that sexy and so I didn't bother to [...]
VIRGINIA: Are business tax debts owed to the IRS marital debts or seperate debts? Who’s responsible to pay?
ARE BUSINESS TAX DEBTS SEPARATE PROPERTY OR MARITAL PROPERTY WHEN YOU DIVORCE?Louise Gilliam v. Arthur McGrady, Richmond Virginia This blogger had an interesting article up today. It had to do with this somewhat well-to-do Virginia couple who got into some trouble for living above their means. The wife's parents were basically subsidizing their [...]
SOUTH CAROLINA: Hey, Jenny Sanford, WHAT IS THE LEGAL DEFINITION OF CONDONATION?
ADULTERY: Hey, Jenny Sanford, WHAT IS THE LEGAL DEFINITION OF CONDONATION?: "It was one thing to forgive adultery but another thing to condone it." Jenny Sanford, ex first lady of South Carolina. The Associated Press is reporting that former First Lady of South Carolina, Jenny Sanford, will be coming out with her memoirs next month. The juicy [...]
NEW YORK: DIVORCE & The GIFT TAX
NEW YORK DIVORCE & THE GIFT TAX With some exceptions, any transfer of property is subject to the gift tax, including transfers made pursuant to a settlement agreement in a divorce action. That is the general rule. So generally, your settlement agreement would, or is supposed to be, subject to the gift tax as prescribed by the [...]
NEW YORK: On the legal status of Ivanka Trump’s engagement ring
WHAT IS THE LEGAL STATUS OF IVANKA TRUMP KUSHNER'S ENGAGEMENT RING? Ivanka Trump's engagement ring is a rare piece of work. By that I mean, it isn't every day that a bride to be is given an engagement ring from her own collection of jewelry. Did you catch that? Jared bought Ivanka's ring from Ivanka's Madison Avenue store and from her own [...]
NEW YORK: New York divorce attorney on the low down on attorney’s fees – who should pay?
Yes, your attorney can sue you for unpaid attorneys fees. The retainer agreement is a contract and it follows the same rules as any other contract. If there is a breach, the law allows the injured party to file suit to try to collect the amount owed. Your attorney would have to first put in an application for fees to the court though. See [...]
CONNECTICUT: Stock options and divorce: A look at UTC chairman George David’s divorce action
Originally published 12/31/08, and 05/02/09 What a sexy topic, huh? Stock options. Who cares about stock options? You know? Why don't we just have an in-depth conversation about card board or dirt, or something equally thrilling, huh? Well, if you are married to someone who has received stock options as part of a compensation package due to [...]
CHICAGO: CUSTODY CHECKLIST, by New York Divorce Attorney
The Gary and Eni Skoien case out in Chicago earlier this year made me think of this topic for a post: what are the factors a court considers in awarding custody to a parent? I have probably done a ton of posts already that pretty much say the same thing, but what is a little repetition going to hurt? So here goes. What you need to know [...]
Leonard Stein-Sapir & Jan Stein-Sapir’s divorce stipulation should be modified
DIVORCE NEWS, NEW YORK LAW JOURNAL, NEW YORK Leonard and Jan Stein-Sapir were married way back in the 1960's. After a honeymoon in Mexico, they went to Australia for a couple of years where he was a Fulbright scholar. Then they returned to New York and separated in 1967. I believe they officially divorced in 1974? And Leonard was ordered to [...]
If your husband gives you jewelry during the marriage, can he take them back if you get divorced? A closer look at the Marie Douglas David Divorce
According to the Hartford Courant, Swedish Countess Marie Douglas David listed her weekly expenses as being more than $53,000 or about $212,000 per month in her financial affidavit, in anticipation of a divorce from UTC chairman George David. She also listed her assets to include $5,000 in jewelry. That's right five thousand. How can that [...]
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