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December 2010 Archives

Is Reading Your Spouse's E-Mail a Felony?

In the past, we have written about the impact that social media and E-mail are having in family law cases. It is now very common for divorce cases to involve some evidence obtained from e-mail, Facebook or other internet services. E-mail evidence was recently used in a Michigan divorce, but now the man who obtained that E-mail evidence is facing criminal charges for doing so.

Case Ruling: Change in Child Support Requires Court Approval

It is not often that a child support case makes it all the way to a state's Supreme Court, but recently the New Hampshire Supreme court issued a noteworthy opinion on modification of child support obligations. While the law governing in child support differs slightly from state to state, child support works much in the same way in New Hampshire as it does here in Wisconsin.

Wisconsin Supreme Court to Decide Important Divorce Issue

How professional goodwill should be considered by a court when it is calculating spousal maintenance and marital property division is one of the more hotly debated issues in family law. Courts across the nation have come to different conclusions on the issue. Some courts will count professional goodwill only once for either maintenance or property division. However, other courts will use goodwill to determine both property division amounts and again for calculating spousal maintenance (sometimes called alimony.) At least one Wisconsin Court of Appeals has decided that business goodwill can be counted twice.

International Problems in Child Custody Disputes: Part II

The effects of a country's refusal to sign the Hague Convention on the Civil Aspects of International Child Abduction are profound. When a parent absconds with their children to a country like Japan or India even though there is an American child custody order in place, the foreign courts will ignore the previous child custody order and start over from scratch.

International Problems in Child Custody Disputes

All too often, one parent in a divorce refuses to accept a court's child custody decision and takes matters into his or her own hands. With marriages between citizens of different countries becoming more common in the 21st century, the problem of international child abduction can present unique problems.

Jamie McCourt wins Ruling in Dodgers Divorce

Previously, we posted about the divorce between Frank and Jamie McCourt that will determine who owns the Los Angeles Dodgers. Frank and Jamie participated in mediation in an attempt to reach a property division settlement, however their mediation failed. Without a settlement in place, it was up to Judge Scott Gordon to rule on the issue of who owns the Dodgers and whether a post-nuptial agreement between the McCourts was binding.

Real Estate Slump Presents Divorce Complications

When a married couple divorces, the property they own must be divided between the two spouses. Who gets the marital home has traditionally been one of the most contested property division issues in a divorce. Traditionally, the value of a home increases over time and therefore the home would have a large amount of equity that had been built up over the course of the marriage.

Holiday Child Custody tips for Divorced Parents

For divorced parents, the holidays can be a stressful experience. All too often, divorced parents cannot agree on who will get the kids and where they will spend the holidays. The arguments begin around Thanksgiving, peak at Christmas carry on through New Year's Day.