An episode of A&E’s series Longmire (“The Dog Soldier”) delved into the complicated world of Indian child fostering and adoption. The show got the law wrong, but that’s not surprising in this complicated area. Although the Supreme Court may offer some clarity in its upcoming decision on the appeal of Adoptive Couple v Baby Girl (SC 2012) 731 SE2d 550, it would take the wisdom of Solomon, invoked wistfully by Justice Kennedy, to fashion a happy outcome for one Indian child. (more…)
Many family law attorneys are used to doing it all and wearing many different hats. But financial discovery can get complicated enough to warrant bringing in a specialist. (more…)
For every parent, the most important function of his or her will is the nomination of a guardian for minor children. (more…)
Going through a divorce is difficult on many levels. Your client may feel like his or her personal life is laid bare for everyone to see. As an attorney, you can’t protect your client from the emotional exposure involved in divorce, but you can take measures to protect your client’s financial laundry from being publicly aired. (more…)
It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life. (more…)
The following is a guest blog post by Frederick Hertz, an attorney and mediator based in Oakland, CA, and the author of the ABA treatise Counseling Unmarried Couples: A Guide to Effective Representation.
One of the worst forms of discrimination against same-sex couples is discrimination in the form of legal complexity. The twists and turns of same-sex partnership law over the past ten years—both in California and federally—have resulted in a morass of legal uncertainty, and the litigation flowing from these complications is just now beginning to hit the appellate courts. (more…)
Updated: The Supreme Court heard oral argument in Windsor v U.S. on March 27, 2013, with negative implications for domestic partners, as discussed in the April 2013 issue of CEB’s Estate Planning & California Probate Reporter.
The U. S. Supreme Court’s grant of review in Windsor v U.S. puts the marital deduction in doubt for same-sex surviving spouses but it doesn’t change the advice: for now, practitioners should keep filing estate tax returns claiming the marital deduction until someone tells them to stop. (more…)
Filed under: Estate Planning, Family Law, Legal Topics, Tax Law | Tagged: DOMA, domestic partnerships, Estate Planning, estate tax, IRS, marital deduction, registered domestic parternships, same-sex marriage, Windsor | 6 Comments »
In the first part of this blog post, we presented 5 tips from retired family law judge and CEB author Hon. Frederick A. Mandabach to help practitioners best approach family law hearings and trials. Here are 5 more inside tips from the judge. (more…)
In California family law cases, it’s a judge—not a jury—that will decide your case. To help you hone your approach to handling family law hearings and trials, here are the first 5 of 10 inside tips from retired family law judge and CEB author Hon. Frederick A. Mandabach. (more…)
The rumor that Tom Cruise and Katie Holmes signed a five-year marriage contract prompted a New York Time’s article on the idea of 20-year renewable marriage contracts as a way of overhauling marriage in our society. The idea of short-term, renewable marriage contracts can be appealing, but would such agreements be enforceable under California law? The hitch may be in California law’s abhorrence of anything that promotes divorce. (more…)
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: divorce, Katie Holmes, marital contract, marital dissolution, marriage contract, premarital agreement, prenuptual agreement, Tom Cruise | 1 Comment »