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Mar 24, 2021

A surge of silver splitters are calling lawyers, calling it quits

  The trouble between the 82-year-old husband and his 78-year-old wife had been brewing for a long time, but it finally hit its boiling point over a cup of coffee. The husband wanted a cup of coffee before they headed out for his doctor’s appointment, said Dustin McCrary, a divorce attorney in Statesville, North Carolina. […]

Jun 13, 2019

Living apart, but still parenting together

  When parents decide to divorce, the ensuing child custody negotiations tend to be contentious, and it’s easy for emotions to become heated. But many family law attorneys report that, these days, their clients are increasingly seeking to turn down the temperature in the spirit of cohesion and co-parenting, even as the parents are no […]

Mar 20, 2019

Dealing with timeshares in a divorce

  Attorneys working in matrimonial law have to deal with the equitable distribution of various properties, both real and personal. Sometimes working out the distribution is not too involved, but sometimes there can be a hitch in determining which party gets a particular asset. One of those hitches can occur when there is a marital […]

Nov 7, 2018

For Baby Boomers, divorce is booming, too

This is the third in a series of articles looking at how the aging of America’s population is affecting the practice of law. Divorce rates in the United States have been on a steady decline for decades, but one group of Americans is heading decidedly in the opposite direction. A report published by the Pew […]

Sep 21, 2018

Domestic Relations – Divorce – Marital Property – Constructive Trust

During the parties’ marriage, husband formed two businesses. Wife testified that she devoted time and money into the businesses as an investment for the family and regarded the businesses as marital property. Wife claimed husband held the parties out as equal partners in the business. Husband also used marital funds to purchase real property that […]

Jan 24, 2018

A race to divorce? New federal tax law creates complications for some couples

The massive new tax law passed by Congress contains a potentially nasty surprise for divorcing couples that could set off a race to get separation agreements finalized by the end of the year. Under current law, alimony payments count as a tax deduction for the ex-spouse making the payment. That deduction will go away for […]

Nov 29, 2017

Outside the family: Attorneys see more openings for collaborative law

  Divorces can be bruising—not least of all for the attorneys involved. Frustration with the scorched-earth mentalities that often engulf them helped spur the development of collaborative law, a process in which lawyers seek to sap some of the emotional venom by helping the estranged spouses directly negotiate a mutually acceptable resolution, without involving any […]

Mar 15, 2017

Something to blog about

A hat tip is in order for Charleston family law attorney and lean mean blogging machine Gregory Forman, whose insightful musings have landed his website on a list of the Top 100 divorce blogs in the world. What makes Forman’s blog unique is his unabashedly frank approach to discussing life and the law, topics he’s […]

Nov 7, 2016

Domestic Relations – Divorce & Equitable Distribution – Equal Division – House Flippers

Miteva v. Robinson (Lawyers Weekly No. 011-095-16, 14 pp.) (H. Bruce Williams, J.) Appealed from York County Family Court (Robert Guess, J.) S.C. App. Holding: The plaintiff-wife claimed that she paid for some of the houses that the parties flipped with around $200,000 in cash she received from her family in Bulgaria; however, the husband […]

Oct 12, 2016

For the love or money

They say you can’t put a price tag on love. But for former Illinois prison inmate Juan Rivera, that price tag may very well be a portion of his $20 million wrongful-conviction settlement. According to a recent article in the ABA Journal, the Illinois Court of Appeals held that the settlement — about $11.4 million […]

Aug 3, 2016

Why you all up in my divorce, bro?

South Carolina Court of Appeals Judge Stephanie McDonald delivered a 25-page smackdown to a lower court judge who apparently let a Charleston real estate agent get way too involved in the divorce of his brother and sister-in-law, both of whom are lawyers.

Jun 29, 2016

How to help business owners prepare for divorce

Here’s a typical scenario: A spouse who owns a business walks into a family law attorney’s office looking for legal assistance for a divorce. The atmosphere is charged with emotion – mostly anger – and the discussion inevitably works its way to the issue of finances. This leads to the big (sometimes a multimillion dollar) […]

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