SUPREME COURT OF THE UNITED STATES V. L. v. E. L., ET AL: A same-sex couple fight over custody & adoption

In this case, the Supreme Court was petitioned to determine if a lesbian woman had any parental rights over her former lesbian spouse’s biological children. The lesbian couple were married in the state of Georgia and one partner (prior to marriage) had 3 children by in vitro. The other partner subsequently adopted the children and […]

In Frances v Frances, the NY Appellate Division Opines that Financial Settlements Must Contain Precise Language to be Enforced

In Francis v Francis, the wife appealed a decision in the lower court which required her to pay her husband 50 percent of the refund from their joint tax return. The problem is that the settlement agreement contained no language about her husband getting 50 percent of the return and so the wife helped herself […]

Sherri Shepherd’s surrogacy & child support dispute: Is she the “equitable mother?”

Divorce & Surrogacy & “Equitable Maternity” – by Marion TD Lewis Divorce & surrogacy collide often these days and it seems that courts around the world are having a tough time figuring out all the legal logistics. It is a sign of our times. Increasingly, infertile, wealthy married couples are turning to assisted reproduction methods, including surrogacy, in order to have […]

CALIFORNIA: Sweden has jurisdiction over American born infant says U.S. Dist Court in California

Carlwig v Carlwig   U.S. Dist. Ct. in the Central District of CA decides a controversial case using ICARA and other child abduction statutes including the Hague Convention and the UCCJEA . The interesting thing is that the child was born in California and was only months old. The child has an older sibling born in Sweden. […]


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 […]

Gay Divorce? Now that the Justice Department appeals repeal of DOMA let’s figure out what to do about gay marriage

The Justice Department appeals repeal of DOMA The Justice Department has filed an appeal in the First Circuit, appealing 2 Massachusetts rulings that basically finds DOMA (Defense of Marriage Act) unconstitutional, on several fronts. The district court had found DOMA unconstitutional on several grounds: For one thing, it violates the Equal Protection Clause. But it […]

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