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Settlement Agreements Divorce

Cozen O'Connor

Case Spotlight: Schrader v. Schrader and Setting Aside Separation Agreements

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In Schrader v. Schrader, 2025 BCCA 50 (Schrader v. Schrader), Mr. Schrader argued that his ex-spouse was bound to a previously agreed separation agreement. The BC Court of Appeal rejected Mr. Schrader's argument and upheld...more

Davidoff Hutcher & Citron LLP

What Gray Divorcees Should Know About Maintenance — And The No. 1 Way To Help Yourself

Gray divorce rates are rising. If you’re considering it, you’ll want to consider your maintenance obligations, especially if you’re simultaneously thinking about retirement. What do Bill Gates and Jeff Bezos have in common? A...more

Dentons

Sign Or Your Kids Disappear Forever: Why Divorce Custody Threats Are Legal Fiction

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Anatomy of a panic attack: When your ex plays custody hostage negotiator - Sheer panic. That's what I see in the eyes of clients who first sit across from me after their spouse has filed for divorce, changed the locks on...more

Bowditch & Dewey

Broke and Broken Hearted – The Intersection of Bankruptcy and Divorce

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Bankruptcy is the process where someone who is unable to pay their debts files a petition to discharge (eliminate) those debts or restructure the debt with a payment plan. But what happens if a bankruptcy petition is filed by...more

Lasher Holzapfel Sperry & Ebberson PLLC

How to Reach an Agreement in Divorce: Practical Steps for a Less Contentious Process

Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce...more

Fox Rothschild LLP

Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights

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It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Dorsey & Whitney LLP

I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

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The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and...more

Jaburg Wilk

Seven Myths about Getting Divorced in Arizona

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We often see family law clients who have misconceptions about divorces. These misconceptions impact their decision-making. We are going to debunk common myths about divorce in Arizona to provide clarity and empower...more

Conyers

Can the Family Business be Divided in Divorce Proceedings?

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In Bermuda, it is not uncommon for divorcing couples to own a business together. The couple may be equal partners in the business, bringing different skills. One person might be the inspiration behind the business or the...more

Fox Rothschild LLP

What’s A Mid Nuptial? And is it for You?

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I read a blog today about this subject. Mid nuptial agreements are contracts that typically seek to make an economic settlement among couples who otherwise don’t want to be divorced. It seems strange but we are encountering...more

Jenner & Block

Client Alert: Describing the Collaborative Process for Divorcing in Illinois

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Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often...more

Freeman Law

Can Trustees Avoid Transfers Made Pursuant to Divorce Decrees or Other Agreements Incident to Divorce?

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This issue arose in a case I am currently working on, and the short answer is yes, and divorce lawyers would be served well by becoming familiar with this possibility.  Situations where this might arise can vary...more

Fox Rothschild LLP

Superior Court Affirms Concept of Child Support Agreement as Convertible to Alimony.

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Non modifiable child support provisions are infrequent but do come up occasionally when parties are negotiating Property Settlement Agreements. It typically arises when a dependent spouse asserts that a certain level of...more

Bradley Arant Boult Cummings LLP

Beware the Empty Chair in Marital Divorce Negotiations: Company Ownership Issues Should Be Considered in Divorce Settlements

Divorcing spouses often have a number of business issues to resolve, but one key aspect that is often overlooked takes place when divorce settlements involve the division of an ownership interest in a private company. ...more

Fox Rothschild LLP

Reported Appellate Division Decision Touches on Incapacitation, Guardianship & Divorce

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We previously blogged in 2014 about Marsico v. Marsico, where the trial court barred a litigant from appearing and testifying in a divorce matter through a designated power of attorney, which appointed the Husband’s daughter...more

Fox Rothschild LLP

Appellate Division Reverses Court Imposed Cap on College Contributions

Fox Rothschild LLP on

When parties get divorced and there are children in high school or younger, they often reserve on what their financial contributions towards the children’s post-secondary educational expenses will look like. We often include...more

Fox Rothschild LLP

The Tragic Case Of The Dangling Debt

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We live in an age when it is oh-so-easy to incur debt, sometimes without even knowing it. The moral of this story is that clients need to try to remember the documents they signed before their divorce is over. And even...more

Fox Rothschild LLP

BALANCING 529 PLANS IN DIVORCE

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We have written about 529 Plans a few times before. The major points of those articles are: (a) 529 Plans are marital assets under Pennsylvania law; and, (b) 529 Plans can be UTMA (Uniform Transfer to Minor) Accounts in...more

Fox Rothschild LLP

To Represent, Or Not Represent: That Is The Question

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Can one attorney represent both spouses in a divorce? This issue presents itself in a multitude of scenarios: the proverbial “simple divorce” or merely reviewing a settlement agreement prepared by both spouses. As my...more

Fox Rothschild LLP

Mistakes Happen: How The Law Treats Mistakes In Marital Settlement Agreements

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What happens when you make a mistake? You correct it and move on. What happens when you make a mistake in your divorce settlement agreement? Can you correct it and move on? Well, maybe not. There is a mechanism...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Stange Law Firm, PC

Why You Should Send a Settlement Offer

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Settling a divorce or family law matter is something most parties desire. It is uncommon for somebody to want a trial in their divorce or family law matter. Trials are expensive. Not only are they expensive, but in a trial...more

Stange Law Firm, PC

Can you threaten litigation in the collaborative process?

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In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In...more

Stange Law Firm, PC

A Fair Settlement Should Be The Goal

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In collaborative practice, one goal of both parties ought to be a fair settlement. A fair settlement means that both parties generally believe that the settlement is fair and equitable for both parties. This is counter to...more

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