Notice provisions in custody agreements

December 1, 2021

Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and

Subsequently discovered property provisions in equitable distribution agreements

June 3, 2021

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed

Tax refunds or obligations from the year of filing a marital dissolution action are partially marital

October 13, 2020

With the October 15th tax deadline approaching, I am receiving emails from numerous clients regarding disputes with their estranged spouse over how to file last

The Folly of Fighting Child Protective Services after a Merits Finding

July 2, 2020

Early in my career, when family court attorneys were still being court appointed to represent indigent parents in abuse and neglect proceedings, I developed a

Things appellate attorneys could teach family law attorneys about trying cases

May 25, 2020

I’ve been lucky to stay busy during the COVID-19 pandemic and one reason I’ve been able to stay busy is a significant appellate practice. Thus,

Demand formal requests before allowing a home inspection in marital dissolution cases

May 19, 2020

A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason

Appellate considerations stemming from res judicata consequences of domestic abuse or contempt findings

March 30, 2020

The doctrine of res judicata prevents the relitigation of issues previously decided between the same parties. The doctrine requires three essential elements: (1) the judgment

Buying the child(ren)’s time

February 21, 2020

There’s a never discussed but occasionally employed litigation strategy of using money to purchase time with (or limit an opposing party’s access to) children. Earlier

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