If you live in one of the nine community property states, property is not necessarily distributed equitably in a divorce action. Instead, marital property must be characterized as either community or separate prior to any distribution.   Asset...

No doubt about it --- the LGBT equality movement turned a corner this spring and there’s no turning back! First the Iowa Supreme Court issued an emphatic, unanimous decision in favor of marriage equality in Lambda Legal's Varnum v. Brien case....

Deciding who will receive the marital home is one of the most difficult issues in a divorce. Generally, the parties’ home is the most valuable asset of the marriage. It is also often the center of family life, especially if there are young children...

If you spend any time at all practicing family law, you will likely find that assisting clients with adoptions is one of the most rewarding aspects of your practice. The process is pretty simple overall, and the clients are generally very positive and happy....

You may be amazed by the number of potential clients who meet with you to request to have their marriage annulled. Many people believe that their marriage can be annulled because it has not lasted for very long. Others need an annulment rather than a...

Whether the parents are in the process of obtaining a divorce or legal separation, have established paternity, have separated from a non-marital relationship, or wish to change custody, you will have many occasions to represent the noncustodial parent. Although...

Traditionally, grandparents have had no rights to custody, or even visitation, of their grandchildren. Within the last several years, however, grandparents have been gaining rights in this area. In fact, most states allow visitation, and several now allow...

If you practice family law, you will need to be familiar with how to collect past due child support in your jurisdiction. Unfortunately, the nonpayment of support is a very common problem. It is amazing at how skillful some payors can be at avoiding their...

If your client and the other spouse file a joint tax return while the divorce is pending in order to obtain more favorable tax treatment, it is important to understand that generally both parties are jointly and severally liable for any mistakes or omissions...

It is becoming more common for divorcing parties to own or have an interest in a small business, such as a sole proprietorship, a partnership, or a closely held corporation. But how does the court divide these types of assets?   Characterization...

When your client provides you with a list of all assets and debts of the marriage, be sure to have gifts, inheritance, and life insurance policies listed separately from other items obtained during the marriage. Some states have specific rules for the distribution...

In addition to the tax exemption for minor children, there are several tax credits to consider when negotiating a divorce settlement for your client. Some credits are tied to which parent is entitled to the tax exemption, and some are not. Therefore, it is...

When parents divorce, there are many financial, as well as emotional, issues to consider. When a household is split in two, whether both parents work or not, there is a direct impact on their finances. There are now two households, including more than...

Alimony : Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance. Alternative dispute resolution (ADR) : Methods of resolving legal disputes...

In common law property states, property following a marriage is divided by the equitable distribution method. Contrary to widespread belief, “equitable” does not mean equal. Instead, “equitable” means a division of assets according...

Besides knowing the law and empathizing with your client’s emotional state, a family law practitioner must have a pretty solid foundation in how to prepare a household budget and when and if bankruptcy should be considered. Why? Because, next to custody...

If you are just starting out in the family law area, you may want to consider getting on your local court-appointed guardian ad litem lists. As a guardian ad litem, you will protect the interests of your ward, who may be a minor or a mentally incompetent...

Whether you are approached by the mother or the putative father, you will likely deal with quite a few paternity issues in your family law practice. A paternity determination may be requested by the mother, the putative father, the child, or a court. Also,...

Whether you represent the payor or the payee in a divorce or legal separation that includes spousal support, it is important to be aware of the potential tax consequences. The IRS has very clear and detailed guidelines on what constitutes alimony for tax...

Prior to adoption of the Uniform Interstate Family Support Act (UIFSA), there was a great deal of confusion and unfairness in the issuance and enforcement of child and spousal support orders. Sometimes, a noncustodial parent would end up paying support under...

Every time you meet a potential new client for the first time, it feels like a job interview. Both you and the client are sizing each other up to determine if you want to work together. Therefore, it is very important to make a good first impression. It...

When you prepare a child custody agreement for your client, the party entitled to claim the child is often a highly contested issue. After you have worked so hard to obtain the dependency exemption for your client, you need to be absolutely certain that...

If parties to a divorce are able to agree on how to divide their assets, a formal property settlement agreement or separation agreement should be prepared. Detailed lists of who gets what should be included in this agreement. Usually, attorneys use form...

While laws differ in each state with regard to dividing property in the context of a divorce, two primary methods exist: community property division and equitable distribution.   Community Property Division   In community property...

When we consult with our clients, we discuss at length the advantages and disadvantages of the traditional model (litigation), mediation, and collaboration, and strategize to reach the best decisions according to the unique circumstances of each particular...

This Glossary of Common Child Support Terms is intended to provide a listing of acronyms and definitions of terms used by child support workers to facilitate communication and understanding with regard to child support.

Custody clients often voice concerns about the other parent’s making derogatory remarks about the client to adversely influence the opinion of the parties’ child. When do mere derogatory remarks turn into a harmful psychological phenomenon that...

Most Property Settlement Agreements entered into between divorcing parties deal with the issue of emancipation of a child, which is the cut off date for a parent’s child support obligation. Intertwined with this issue is college or secondary education...

Family law embraces the branch of civil law that includes the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney or a family law lawyer specializes in the family law relationships...

Committed but unmarried couples should consider making the following legal documents part of their portfolio:   Powers Of Attorney   A durable power of attorney and a living will (sometimes called a "durable power of attorney...