Wednesday, July 31, 2013

Family Law Decisions in the News from JDSupra

Is it me or is this the hot topic in the Supreme Court.. ie Same Sex Couples?
So check out this, in the News summary from Today's email:

JD Supra
Family Law


Legal intelligence from leading lawyers and law firms

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples
On June 26, 2013, the Supreme Court, in its decision in United States v. Windsor, overturned Section 3 of the Federal Defense of Marriage Act (“DOMA”). The Court ruled that the Federal government could not deny tax and other benefits to legally...
By: Patterson Belknap Webb & Tyler LLP
Supreme Court Rulings Expand Gay Marriage Rights But Leave Ambiguities for Some
The U.S. Supreme Court’s dual decisions essentially invalidating the Defense of Marriage Act (DOMA) and California’s Proposition 8 brought jubilation to supporters of LGBT rights. Finally, state-sanctioned gay marriage had the green light in...
By: Sedgwick LLP
Iowa Immigration Law Blog: Citizenship and Immigration Services Clarifies Immigration Benefits for Same-Sex Couples
As almost everyone now knows, on June 26, the U.S. Supreme Court overruled Section 3 of the Defense of Marriage Act (DOMA). On the immigration front, this means that a U.S. Citizen same-sex spouse who is married to a non-citizen may now petition for...
By: Davis Brown Law Firm
Civility in the Practice of Law: How the Legal Profession Can Do Better
Civility is defined as something said or done in a formally polite way. In court, it is a professional obligation: ABA Model Rules, Rule of Professional Conduct 3.5 states that lawyers may not "engage in conduct intended to disrupt a tribunal," with...
By: Law Offices of Marlo Van Oorschot, APLC
Children as Witnesses in a Domestic Violence Dispute
In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the couple’s nine year old son....
By: Wilentz, Goldman & Spitzer P.A.
U.S. Immigration Benefits Available to Same-Sex Spouses
USCIS issues expanded and revised FAQ in the wake of the Supreme Court's decision overturning DOMA....
By: Morgan Lewis
Nonresident Alien Spouse Not Liable for Penalties
There are an unknown number of U.S. citizens married to nonresident aliens. Many of these taxpayers have filed joint income tax returns. Most are likely to have filed joint income tax returns (Form 1040) without having properly made and filed the...
By: Sanford Millar
FEC Clarifies Rules to Allow Same-Sex Married Couples the Same Rights as Heterosexual Married Couples
In response to the Supreme Court’s ruling in June 2013 striking down provisions of the Defense of Marriage Act (DOMA), the Federal Election Commission (FEC) has clarified that same-sex married couples are entitled to the same rights under federal...
By: Akin Gump Strauss Hauer & Feld LLP
Crowdfunding 101: What Is It? And Should I Be Excited About it? PART 1
Ever since the passage of the JOBS Act (the Jumpstart Our Business Startups Act), there’s been a lot of hype about crowdfunding. A lot of startups have built their entire business model on the assumed ability to use crowdfunding methods to raise...
By: Chambliss, Bahner & Stophel, P.C.
FEC Issues Two Advisory Opinions in Light of US v. Windsor
Yesterday, the Federal Election Commission (“FEC”) became one of the first federal government agencies to take action in accordance with the Supreme Court’s decision in United States v. Windsor....
By: Genova Burns Giantomasi Webster LLC
Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot
Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in this day and age (and in...
By: Carr, McClellan, Ingersoll, Thompson & Horn -
Supreme Court DOMA Decision—Part II: Wage Overstatements and Tax Refunds
In part one of this two-part series, “Supreme Court DOMA Decision — Part I: Fringe Benefits and Other Tax Implications,” I reviewed the fringe benefit and tax implications of the United States v. Windsor decision....
By: Ogletree, Deakins, Nash, Smoak & Stewart,
Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require Changes in Employee Benefits
In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one woman.”...
By: Fenwick & West LLP
Arizona Bankruptcy or Divorce – Which Comes First?
The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter....
By: Rowley Chapman & Barney, Ltd.
Supreme Court DOMA Decision—Part I: Fringe Benefits and Other Tax Implications
On June 26, 2013, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional....
By: Ogletree, Deakins, Nash, Smoak & Stewart,
Same-Sex Marriage Cases—Planning Opportunities and Pitfalls
The Supreme Court of the United States recently held that the federal government must recognize same-sex marriages that are valid under state law, and effectively reinstated same-sex marriage in the state of California. However, many questions still...
By: McDermott Will & Emery
7,000 Provisional Waiver Applications Received During the First Four Months of the Program
Since March 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) have been able to apply for provisional unlawful presence waivers (I-601A form) before they leave the United States....
By: Fowler White Boggs P.A.