Are Defamatory Statements Privileged in Divorce Actions?

Defamatory statements often occur  in the context of judicial proceedings.  If such statements could be the basis for an action for damages against parties and witnesses, this would deter parties and witnesses from participation in the judicial process.  In order to ensure access to the legal process and encourage effective litigation through free communication, the […]

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Spousal Support and Immigration

Family Law has been described as being similar to General Practice because it can interact with other specialties of law such as real estate, retirement, estate planning, income tax, criminal law and bankruptcy to name a few. Another interaction is with Immigration Law. One such case is In Re Marriage of Kumar (2017) 13 Ca […]

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Child Custody: What is Legal v. Physical Custody

Legal custody refers to your decision making authority regarding your children, such as choice of school, child care, medical care, religious instruction, extra curricular activities and other major decisions.  Unless one parent is unavailable to participate in these decisions, or has problems with anger or substance abuse, legal custody will usually be shared. This means that […]

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Which Parent Claims Their Child As An Exemption On Federal Tax Returns?

When parents divorce or were never married, the general rule is that the custodial parent (whichever parent has more overnights during a calendar year) claims the child as an exemption on his/her tax return.  The other parent is the noncustodial parent.  If the child was with each parent for an equal number of nights, the custodial parent […]

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The Mediation Process

Any time that a Dissolution of Marriage or Paternity matter is filed with the Court and there are pending child custody and/or child visitation orders, a Family Court Services Mediation appointment is mandatory.  A mediation appointment is an appointment between both parents together and a Family Court Services Mediator only.  Attorneys for either party, or any other […]

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What Constitutes Annulment?

Annulment is likely one of the most misunderstood areas of Family Law. Having worked as a Family Law Paralegal for more than four decades, I find that most people have a false belief of what constitutes annulment. Most believe a short-term marriage, i.e., months long, qualifies them for annulment. Not true. Such a short-term marriage […]

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Dividing Support Order Divorce

Dividing a Support Order in Divorce

Filing a Paternity matter serves the best interests of both parents and the minor child(ren). Court-ordered child custody and visitation orders can be entered, as well as child support orders. Without formal custody, visitation and support orders entered through the court, each parent has the absolute right to insist that the minor child(ren) remain in […]

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