Category Archives: Divorce Law

How Long Does a Will Remain Valid?

A will is generally valid until you either revoke it or modify it by adding a codicil. Whether your will was made last week or several decades ago, it continues to be a legally binding document if you haven’t take the necessary steps to revoke it. Whether a will is still appropriate for your current situation is an entirely separate question. There are also some changed circumstances that won’t revoke a will, but may alter certain provisions of the will. Life Events That Impact Your Will The following events could result in a modification to your will after it is created under North Carolina state law: Divorce after the will. If you divorce after creating your will, the will still remains valid, but the provisions benefiting your former spouse are revoked. Children born after the will. Children born after the creation of a will generally have a right to share in the estate’s property to the same extent they would under North Carolina’s intestacy laws.….. To continue reading this legal news please click Read full information...

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Determining Which State Has Jurisdiction in New York Child Custody Cases Involving an Out-of-State Parent or Child

In today’s society, it is very common for families to move between states, especially when a couple’s children are young and parents are still developing their careers. While it has become easier over the past few decades for families to move between states, this situation presents a potentially complex situation if the couple divorces and one of the parents moves out of the state. Years ago, courts in different states were routinely entering conflicting orders in New York child custody cases. For example, a New York court may make an initial determination, only to have the non-custodial parent move out of the state and file a case in that court for a modification of the order. Under the Full Faith and Credit Clause of the U.S. Constitution, the court in the non-custodial parent’s new home state should defer to the New York court; however, in practice, that was not always the case. The result was the eventual passage of the Uniform Child Custody Jurisdiction….. To continue reading this legal news please click Read full information...

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How the tax overhaul will affect spousal support deductions

The new tax overhaul will remove a 75-year-old tax deduction for alimony payments. The new rule will not affect anyone who divorces prior to 2019; however, it will certainly change divorce negotiations. What’s changing? Currently, the spouse paying alimony can deduct it from their taxes and the spouse receiving the alimony pays taxes on it. The idea is that the payer is generally in a higher tax bracket. Thus, with the alimony deduction, they are paying less tax. The payee is generally in a lower tax bracket, and pays less tax on the income received. The current setup preserves more money amongst the ex-spouses. The new rules will result in alimony recipients receiving 10-15% less than what they would receive under the current law, and more money to be paid in taxes. For more information on the consequences of the tax changes, contact SMDA, PC at (586) 264-3756... To continue reading this legal news please click Read full information...

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Illinois Divorce Lawyer: Good Questions to Ask a Lawyer in an Initial Consultation

One of the pleasures of my practice in managing only Family Law cases (primarily divorce and child custody cases, and post decree problems with financial and child related issues such a modifications to custody or support orders) is the opportunity to meet with some really fine, caring, and interesting people, and help them navigate through their family issues, develop strategies that work, and to offer some effective approaches to their complex issues, based on years of my experience in this work managing complex divorce and post-decree cases successfully. What are some good questions to ask during an initial consultation?  My approach is to take time in these first meetings, to listen carefully, and to provide solid recommendations that are both effective and potentially game-changing, along with cost effective approaches so that my clients are not affected by high legal costs. Being highly effective, and cost-effective, is a longstanding hallmark of my approach.….. To continue reading this legal news please click Read full information...

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Uncontested Divorce : Top Tips & Concepts

While an uncontested divorce in Illinois can be fast and affordable (for a flat fee), there are still some things to know. As an uncontested divorce lawyer, I put together this list of my Top 5 Articles about uncontested divorce in Illinois. They cover topics such as dividing assets, splitting retirement, and the process for an uncontested divorce Starting an uncontested divorce People are very interested in figuring out how to start an uncontested divorce in Illinois. The truth is, starting it is the easiest part. But to satisfy some curiosity, I wrote this article about starting an uncontested divorce in Illinois. It should give a decent idea of what’s involved. But if you focus too much on starting the divorce, you’ll miss what’s more important about the process. Splitting Retirement Splitting retirement accounts can be an important part of a divorce. Certain types of accounts – like pensions, 401ks, and deferred compensation – require very….. To continue reading this legal news please click Read full information...

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