Monthly Archives: September 2007

Attorneys’ Fees-Flat Fees or the Billable Hour- Which is Better?

Benjamin Stevens offers a thoughtful series of articles on why attorneys and clients benefit from fixed fees in a divorce action. Some of the benefits cited by Stevens are: •Clients know the total cost up front, which enables them to determine prior to retaining the attorney whether or not they can afford his/her services and…
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Prior Claim of Mental Illness Does Not Invalidate Pre-Nuptial Agreement

The New York Probate Litigation Blog highlights the recently decided case of Estate of Joseph Menaham, in which a widow’s attempt to nullify a pre-nuptial agreement was rejected by the Surrogates’ Court. Prior to marriage, the wife, now a widow, was diagnosed, hospitalized and treated for a bipolar disorder. Following her release, she entered into…
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Census Says: Marriages Are of Shorter Duration

The odds of a marriage lasting twenty five or even fifteen years are decreasing. Reporting  on recently released marriage census data, the New York Times noted that more than half the Americans who might have celebrated their twenty fifth  wedding anniversaries since 2000 were divorced, separated or widowed before reaching that milestone. "For the first…
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Passports To Be Denied to Parents in Child Support Arrears

If you want or need a new passport to travel abroad, you had better be current on your child support. The State Department will now deny a passport to any non-custodial parent owing $2,500 or more in court-ordered child support. As Janet Langjahr points out, the new passport rules while implemented as a matter of…
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Hidden Assets and Illicit Affairs Revealed By Electronic Devices

The New York Times featured a front page story on how computers, blackberries, cell phones and other electronic devices are being used to discover adulterous relationships and hidden assets. The Mississippi Family Law Blog points out these electronic devises all leave a  trail which may be discovered during the course of litigation. Folks need to…
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Presidential Candidates Grounds for Divorce

A number of the presidential candidates are divorced. Fred Thompson, John McCain and Rudy Guliani are all divorced. Should the reasons for their divorces be fodder for their qualifications as President? For instance, there has been discussion on the blogosphere about Fred Thompson’s divorce based upon “cruel and inhuman” treatment. Does this mean the Thompson…
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Divorce Rates Soar Even in Saudi Arabia

Divorce is not only rampant in America. Crossroads Arabia reports that divorce is so prevalent in Saudi Arabia that divorce lawyers are turning away new clients. Sixty-two per cent of marriages in the western region in Saudi Arabia end in divorce, with a large percentage of those being less than 25 years of age. The…
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Can I Move Away With My Child: The Law of Re-Location

I have returned from my vacation, schools back in session and summer is, for all accounts over. So, I am back to bloggging on a regular basis. One of the most common post-divorce scenarios is that the custodial parent wishes to relocate and the move will negatively impact on the other parent’s relationship with the…
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