Family Law Litigation

Practice Points

What you need to know in a quick-to-read format. Find all of the Family Law Litigation Committee’s Practice Points in this archive.

2020

The Intersection of Family Law and Insurance Claims in the Age of COVID-19
By Katherine Coba and Dolly Hernandez – May 7, 2020
In this uncertain time, individuals faced with support obligations may seek court intervention to modify them due to a number of different bases.

COVID-19 and Family Law: Dealing with the Unexpected
By Helen Casale – April 28, 2020
This is a time for us to work together and cooperate with one another.

Making a Trial Tech “Go Bag”
By Jonathan W. Lounsberry – April 14, 2020
A few items you should keep on hand when using technology during the litigation process.

Tips for Leveraging Dictation Apps
By Jonathan W. Lounsberry – April 14, 2020
A sampling of apps to help you leverage the powerful features of today’s smartphones.

Five Tips for International Clients
By Jonathan W. Lounsberry – February 28, 2020
A few things to consider when dealing with cross-border or international issues. 

A Good Match Is Important: Interview Your Client During the Initial Meeting
By Marla Zide – January 31, 2020
Taking the time to assess the potential success of a client/attorney relationship is essential.

2019

Pre-Nuptial Agreements and the TCJA—Frenemies?
By Jonathan W. Lounsberry – December 23, 2019
Couples who have entered or are considering entering into such an agreement now have figure out how to deal with the drastic change in the treatment of alimony.

Confidentiality Obligations for Blogging Lawyers
By Rita M. Aquilio – October 29, 2019
When composing blogs, always be careful to maintain client confidentiality and to not violate the fundamental duties of the attorney-client relationship.

A Deal with the Devil? Non-Disclosure and Confidentiality Agreements in Family Law
By Simon Bruce – August 30, 2019
It’s a serious mistake to categorize NDA’s as deals with the devil. They have their uses.

The Art of Divorce
By Jonathan W. Lounsberry – July 30, 2019
What happens when there are collections of art acquired by the spouses during or before the marriage, or if one of the spouses is an artist or art dealer?

Tips for Family Lawyers to Boost Their Collection Rates
By Rita M. Aquilio – April 16, 2019
Some basic procedures to help ease a process many of us dread.

Advice to Young Litigators, From a Young Litigator
By Sandra Starr Uretsky – April 1, 2019
Nothing in law school truly prepares a graduate for real-world lawyering.

Financial Statements, Income Tax Returns, and Other Divorce Documents
By Sheri Fiske Schultz – February 28, 2019
Obtaining an accurate financial picture at the beginning stages of the process can clear the way for a smoother divorce settlement outcome.

What Is a Forensic Accountant?
By Rebecca Fitzhugh – January 19, 2019
Here is what you need to know about the profession and how a forensic accountant could help you.

2018

Basic Expert Witness Outline
By Mark E. Sullivan – November 28, 2018
Preparing for trial is an essential task of any litigation, and one of the most important parts of this process is outlining witness testimony.

Best Practices for Reading Business Tax Returns
By David L. Gresen – July 23, 2018
A high-level guided tour of the information reported to the IRS and how you can use that information in your discovery process.

Ten Things Every Family Law Practitioner Should Know About the Recent Tax Law Change, Part 2
By Richard Livingston – June 30, 2018
The second part of updates from the Tax Cuts and Jobs Act of 2017.

Ten Things Every Family Law Practitioner Should Know About the Recent Tax Law Change, Part 1
By Richard Livingston – April 30, 2018
The Tax Cuts and Jobs Act of 2017 made significant amendments to the Internal Revenue Code of 1986, and many of these amendments have a direct impact on financial issues commonly addressed in a divorce.

Three Major Changes to Military Family Law
By Mary Fran Quindlen – March 29, 2018
If you have service members, spouses of service members, or service member retirees as clients, then you need to be aware of three major changes in military family law in 2018.

Tips for Using Trusts to Protect Life Insurance Proceeds and Secure Support after the Dissolution of a Marriage, Part 2
By George L. Metcalfe, Jr. – February 20, 2018
The ramifications for failing to plan for other potential events that can occur with the beneficiaries of the policy can be costly and lead to much confusion with the client’s obligations

5 Tips for a "Civil" Family Law Matter
By Sahmra A. Stevenson – January 18, 2018
How to avoid "drama" in the courtroom and lead by example.

Tips for Using Trusts to Protect Life Insurance Proceeds and Secure Support after the Dissolution of a Marriage
By George L. Metcalfe, Jr. – January 10, 2018
Learn about measures that should be considered when utilizing life insurance policies to provide security.

2017

Divorce and the Closely Held Business: Myths and Reality Checks
By Lauren Sorrentino – November 22, 2017
While each divorce and business are unique, a basic understanding of the intersection between the two may help limit the complexities and/or emotional stress that can be experienced when dealing with this type of asset.

Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues. 

Tips for Obtaining and Analyzing Uber Records
By James T. McLaren and Joshua M. Calder – January 17, 2017
A proper analysis of ride-sharing records can go a long way in obtaining additional evidence that could help your client in alimony and adultery cases.

How to Obtain a Copy of a Client’s Complete Facebook History
By Valerie E. Anias – May 25, 2017
In a world largely based on the Internet, it’s important for lawyers to know the tools available to them.

How to Avoid “Secondary Trauma” as a Family Law Practitioner
By Rita M. Aquilio – May 25, 2017
Learn to protect yourself from the burnout associated with emotionally complex workloads.

2016

Ninth Circuit: Severance of Unconscionable Provision of Arbitration Clause Preferred When Feasible
By Manfred Muecke – March 31, 2016
The application of unconscionability to arbitration agreements remains a gray area.

Spokeo's "Concreteness Versus Particularity" Dichotomy
By Ashley Bruce Trehan – March 31, 2016
What will this Supreme Court ruling really mean?

Supreme Court Rules Certain Securities Cases May Proceed in State Court
By Adam E. Polk – March 31, 2016

Ninth Circuit Issues Ruling on Post-Campbell-Ewald Rule 68 Offers
By Adam E. Polk – March 31, 2016

Top 10 Tips for a Celebrity Divorce or Paternity Action
By Raymond J. Rafool, II – March 10, 2016
A humorous take on handling everything from the court to paparazzi to a star's social media.