The standard for reviewing a state court's finding that good cause exists to deviate from the placement preferences set out in the Indian Child Welfare Act is substantial abuse of discretion, the Kansas Supreme Court decided in In re Adoption of B.G.J., Kan., No. 91997, 4/28/06). Addressing the issue for the first time, the court rejected use of the de novo standard, and said that the standard it adopted gives "considerable discretion" to the trial court's findings of fact.
Continue Reading...For Arizona divorce law issues, contact NRG.
Less than three months after remarrying his ex-wife Kim Mathers, Eminem has filed divorce.
The filing Wednesday on behalf of Marshall Bruce Mathers III was confirmed by two employees of the Macomb County clerk's office, the Associated Press reports. The emloyees didn't provide their names, citing an office policy.
Continue Reading...Paternity issues in Arizona have become widespread. Contact Arizona Family Law Firm, NRG, to discuss any issues related to paternity, i.e., child custody and child support.
Former Arizona Diamondbacks ace hurler Randy Johnson is embroiled in a courtroom fight with an ex-girlfriend over support for their 16-year-old daughter. Click here for the detailed court filings.
The U.S. Supreme Court March 20 invited the U.S. Solicitor General to file a brief expressing his views in a dispute over whether a retirement plan participant who named his spouse at the time of his retirement as his surviving spouse could change that designation after the couple divorced and the ex-wife agreed to waive her right to his benefits (McGowan v. NJR Serv. Corp., U.S., No. 05-853, invitation to file brief 3/20/06).
In a divided opinion, the U.S. Court of Appeals for the Third Circuit last September ruled that the participant, James McGowan, could not change his beneficiary designation even though his ex-wife had waived her right to benefits (423 F.3d 241, 31 FLR 1524).
Continue Reading...Barkin reportedly received $20 million in her quickie divorce from billionaire Ron Perelman. The Revlon boss, 62, and the star, 51, reportedly ended their marriage on February 14, only a month after Perelman served Barkin divorce papers.
Perelman's lawyer asked for an order to seal the case earlier this month, which was granted by Manhattan Supreme Court Justice Laura Drager. Barkin and Perelman signed a pre-nuptial agreement before their June 2000 wedding.
Continue Reading...An unprecedented rise in divorce among Japanese couples married for more than 20 years is being blamed on the so-called "retired husband syndrome".
Ex-Hollywood It Couple Brad Pitt and Jennifer Aniston have wrapped up their $60 million divorce settlement.
"Rumor Has It" Ms. Aniston got the house - a $29 million Beverly Hills mansion, but relinquished control of their lucrative film company Plan B Productions to her ex.
Ms. Aniston will retain a "minor stake" in the production company, which is believed to be worth more than $50 million after a string of a dozen successful indie flick releases, including Tim Burton's "Charlie and the Chocolate Factory."
Actor Alec Baldwin is writing a book on a subject he knows a lot about -- surviving an ugly divorce.
Baldwin and his ex-wife Kim Basinger have had a particularly public and nasty split and now he is sharing his survival techniques with other men and women going through similar experiences.
The still untitled book will be published by St. Martin's Press in 2007.
Several publications put the couple's joint worth at around $50 million, and under California law, Lachey would be entitled to half of whatever the couple made after their marriage, unless they reach a settlement.
With celebrity marriages often quite a bit shorter than Jessica Simpson's Daisy Dukes, the power of the prenup cannot and should not be denied.
So if Jessica had planned ahead, she could have limited Lachey's take of her estate.
For assistance with Prenuptial Agreements, contact NRG Family Law Attorneys.
Continue Reading...According to refiled divorce papers, the actor separated from estranged wife Ryan Haddon on Jan. 1, 2004, not on Jan. 5, 2005, as he claimed in his original divorce papers, which he filed on Feb. 18, 2005.
The new documents, filed Friday in Los Angeles Superior Court, seemed to indicate that Slater and Haddon have reached an agreement as to the division of property.
Continue Reading...A man's certified mail service of the divorce complaint he had filed in Ohio upon his wife in Germany was not in accord with the Hague Convention on Service of Process Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, and thus the divorce court lacked personal jurisdiction over her, the Ohio Court of Appeals, held in Collins v. Collins, Ohio Ct. App., No. C-040649, 1/20/06.
For International Child Custody Issues, contact NRG.
Continue Reading...New York, NY (AHN) - Actress Ellen Barkin and billionaire husband Ron Perelman are divorcing after five years of marriage.
Continue Reading...A two-year-old state law that requires financial information in divorce files be sealed if either party requests it violates the First Amendment on its face, the California Court of Appeals ruled Friday.
For issues concerning Arizona divorce, contact NRG.
Continue Reading...LOS ANGELES - The wife of former "Baywatch" star David Hasselhoff filed divorce papers against her husband of 16 years -- one day after he began proceedings to end their marriage.
For Arizona divorce issues, contact NRG.
Continue Reading...Swank, 31, best known for her performances as troubled transman Brandon Teena in the movie "Boys Don't Cry" and as a waitress-turned-boxer in "Million Dollar Baby", both roles earned her Academy Awards for Best Actress, married Lowe in September 1997 and and has no children.
For issues concerning Arizona divorce contact NRG.
Continue Reading...Associated Press - LOS ANGELES - The wife of Grammy-winning singer Kenneth "Babyface" Edmonds has filed for divorce after 13 years of marriage, citing irreconcilable differences, court papers indicated.
For representation in divorce matters, contact NRG.
Continue Reading...Associated Press - LOS ANGELES - The wife of Grammy-winning singer Kenneth "Babyface" Edmonds has filed for divorce after 13 years of marriage, citing irreconcilable differences, court papers indicated.
For representation in divorce matters, contact NRG.
Continue Reading...TUCSON, Ariz. The number of reported cases of domestic violence jumped 83 percent at Davis-Monthan Air Force Base last fiscal year.
For issues regarding Orders of Protection and Domestic Abuse, contact NRG.
Continue Reading...Jessica Simpson has filed for divorce from Nick Lachey, officially ending the couple's three-year marriage, Access Hollywood reported.
Jessica filed the papers in Los Angeles on Friday, citing "irreconcilable differences."
For divorce lawyers, contact NRG.
Continue Reading...NEW YORK, Dec. 12 (UPI) -- The parents of teenage singer/actress Lindsay Lohan Monday announced they have settled their bitter, public divorce.
The settlement was announced the same day the divorce trial was scheduled to resume in New York, People magazine reported. Terms of the settlement were not released.
For Arizona Divorce issues, contact NRG.
Continue Reading...Actress Valerie Bertinelli has officially filed for divorce from rock legend Eddie Van Halen. The papers filed in Los Angeles County Superior Court cite irreconcilable differences as the reason for the split. Click here to see the filings.
For Arizona divorce information, contact NRG.
Continue Reading...December 9, 2005 -- Actor Matt Damon, 35, married his girlfriend of two years, Luciana Barroso, 30, this morning at a private ceremony in New York's City Hall.
Barroso's 6-year-old daughter from a previous marriage, Alexia, was the only other person present at the ceremony, presided over by a justice of the peace.
Continue Reading...It was reported today that Jessica Simpson hired a high powered lawyers, Robert Kaufman and Lance Spiegel, to oversee her divorce from her husband of three years, Nick Lachey.
For advice and counsel in Arizona Divorce matters, contact NRG.
Continue Reading...Associated Press
MEDIA, Pa. - A lawyer imprisoned for more than a decade for defying an order in his divorce case was in court Tuesday, but his standoff with judges continued.
H. Beatty Chadwick, 68, may be serving the longest length of time in U.S. history for contempt of court, attorneys say.
He was jailed in 1995 for allegedly hiding $2.5 million in overseas banks during a bitter divorce. Since then, he has been locked in a battle wills with a series of judges in Delaware County who say he can go free if only he would tell them what happened to the money.
Chadwick insists the money vanished years ago after he lost it in bad investments. But judges have deemed his explanations incredulous, and a three-judge panel grew visibly steamed Tuesday when they learned the court's latest investigation has turned up nothing new.
For complete article, click here.
For Arizona Divorce assistance, contact NRG.
LOS ANGELES - Christina Applegate and her husband, Johnathon Schaech, are calling it quits after four years of marriage.
The couple have filed for divorce in Los Angeles Superior Court. Their publicists, Ame Van Iden and Chuck James, confirmed the split Monday. "The decision is mutual," they said in a joint statement without further comment.
Applegate, 34, played ditsy daughter Kelly Bundy on TV's "Married ... With Children" and earned a Tony nomination for her role in "Sweet Charity" on Broadway. Schaech, 36, starred in 1996's "That Thing You Do!"
According to Australian magazine NW: "Britney's already seen the
divorce lawyer. As it stands, the divorce papers are written up
and all she has to do is give the word and they'll be filed in the
courthouse. She doesn't want to divorce Kevin, but if that's
the best thing for her child and for her own sanity, that's exactly
what she'll do."
For the complete story, click here.
CONCORD, N.H. New Hampshire law doesn't allow the public to see financial documents filed in divorce cases, but news organizations are hoping to change that.
The State Supreme Court is scheduled to hear an appeal this afternoon from lawyers representing the media who argue that public access to court records is essential to keeping legal proceedings fair. They also say such access is protected under the state constitution.
In Arizona, divorce records are a matter of public record in most cases. For more information, contact NRG.
LOS ANGELES - Court documents show comedian Kathy Griffin has filed for divorce after four and a-half years of marriage.
For information on divorce, contact NRG.
Continue Reading...LOS ANGELES - Tori Spelling's husband has filed for divorce, a little more than a year after the couple married.
The couple separated last month. Actor-writer Charlie Shanian is seeking spousal support from Spelling, according to papers filed Thursday in Los Angeles Superior Court.
Spelling, best known for her role as Donna on TV's "Beverly Hills, 90210," met Shanian on stage in 2002 during the Los Angeles production of his romantic comedy "Maybe, Baby It's You." The two were in 11 vignettes about couples in search of love.
Click here for full article. NRG Family Law.
TAMPA, Florida (AP) -- Darryl Strawberry's wife is filing for divorce.
Charisse Strawberry filed a petition for dissolution of marriage from the former baseball star on Friday in Hillsborough County family court.
The 37-year-old woman said in a statement to The Associated Press that her marriage is past the point of reconciliation.
Darryl Strawberry is an eight-time All-Star and member of two World Series winners. He's overcome a drug addiction, prison term and cancer. The 43-year-old former player served 11 months in prison in 2002-03 for violating probation on cocaine possession charges.
For Divorce issues, contact NRG.
The New York State Bar Association, Opinion 781 - 12/8/04, rendered an opinion which concluded that a matrimonial lawyer who learns that a financial statement submitted by the lawyer to family court contains a material omission, and that the client perpetrated a fraud on the tribunal, must call upon the client to rectify the material omission. If the client refuses, the lawyer must withdraw the financial statement. If the lawyer knows or it is obvious that continued employment will result in violation of a Disciplinary Rule (which we be the case where it is not withdrawn), the lawyer must withdraw from the representation, with the court's permission if required by court rules.
For Arizona Domestic Relations Law Issues, contact NRG.
Continue Reading...R&B singer-songwriter R. Kelly and his wife, Andrea, have separated, and she has hired one of Chicago's top divorce attorneys after being granted an emergency-protective order accusing her husband of physical abuse, stalking, harassment and interfering with her personal liberty, MTV News reported.
R. Kelly released a statement saying that he was trying to work things out after "a heated argument," adding that even though both have retained lawyers, "it's not a divorce proceeding."
The couple married in 1996 and have three children. He is still awaiting trial in a 2002 child-pornography case stemming from a videotape allegedly showing him having sex with an underage girl.
For Arizona Divorce Law issues, contact NRG.
The one time Hollywood dream couple of Jennifer Aniston and Brad Pitt officially ends its 4 ¬? year run this weekend. The couple was married Saturday, July 29, 2000 in Malibu, California and their divorce goes final on October 2, 2005.
For information regarding Arizona Divorce, contact NRG.
According to the National Center for Health Statistics, 43% of first marriages will end in divorce or separation within 15 years in the United States. In 2000, there were 957,200 divorces, and reconciliation occured only for about 10% of them. In 1994, Massachusetts had the lowest divorce rate in the country with 2.4 divorces for every 1,000 people, while Nevada had the highest rates with 9.0.
For the full article, click here.
Forinformation concerning Arizona Divorce Law contact NRG.
A 19-year-old woman had to pay a heavy price when her brother-in-law (husband's brother) chopped off her nose and lips for seeking divorce from his brother.
Continue Reading...Pass-through income from an S corporation that is not actually distributed to the shareholder-spouse is not automatically considered income for the purpose of calculating alimony, child support, and attorney's fees. Zold v. Zold (09/15/05).
For Arizona child support information, contact NRG.
Pass-through income from an S corporation that is not actually distributed to the shareholder-spouse is not automatically considered income for the purpose of calculating alimony, child support, and attorney's fees. Zold v. Zold (09/15/05).
For Arizona child support information, contact NRG.
Oscar winning actress Renee Zellweger is claiming fraud as the reason her 4 month marriage to country singer Kenny Chesney is breaking up. They`re having marriage annulled. In court papers, Zellweger lists fraud as the reason for the breakup but did not elaborate. The couple married in a surprise wedding in the Caribbean in May after a whirlwind romance.
For information about Arizona Divorce issues, contact NRG.
Singer Bobby Brown has made good on his promise to put money into an educational fund for his children and to pay them child support.
During a voluntary appearance in Family Court today, Brown told the judge he's up-to-date with his five-thousand dollar monthly child support payments and with his contributions to the educational fund.
Carey had issued a warrant for Brown's arrest in June after he failed to appear for a compliance hearing.
Los Angeles -- A judge has signed off on the divorce of Jennifer Aniston and Brad Pitt, but the split won't be official until Oct. 2.
Continue Reading...In a landmark move, the California Supreme Court ruled Monday that children born to gay and lesbian couples must be afforded the same rights as offspring of heterosexual couples, including child support, should their parents split. The court issued decisions in three different cases involving children born to same-sex couples.
Continue Reading...SAGINAW (AP) - A judge has ordered NBA star Jason Richardson to pay $7,000 in monthly child support for his five-year-old daughter.
The girl's mother had asked a Saginaw County judge to raise the support from $4,000 to more than $45,000 a month.
Richardson, who played at Michigan State before joining the Golden State Warriors in 2001, also must put $1,000 a month in a conservatorship account until the girl turns 18.
Richardson's ex-girlfriend, Roshonda Jacqmain of Saginaw, requested the eleven-fold increase in tax-free support last week. Her attorney, Brian Makaric, declined to comment on yesterday's ruling.
For information on Arizona child support related issues, contact NRG.
Denial of plaintiff-father's request to modify a support order is reversed where he was improperly denied the opportunity to show that he did not have the ability or opportunity to work. See In re Marriage of Eggers (07/28/05 - No. G034027.
For information regarding Arizona child support and spousal maintenance issues, contact NRG.
10th Circuit Court of Appeals Decision -- Under COBRA, 29 U.S.C. section 1161-1168, a legal separation occurs "only upon entry of a final court decree adjudicating the parties legal rights and obligations but preserving the marriage bond." See Simpson v. Simpson.
For Arizona Legal Separation issues, contact NRG.
New Second Circuit Court of Appeals Decision -- Ex-Husband cannot be found ineligible for Medicaid on account of his and his spouse's combined assets since he had effected a valid assignment of spousal support rights to the State of Connecticut. See Morenz v. Wilson-Coker.
For Arizona spousal support information and attorney advice, contact NRG.
New Second Circuit Court of Appeals Decision -- Ex-Husband cannot be found ineligible for Medicaid on account of his and his spouse's combined assets since he had effected a valid assignment of spousal support rights to the State of Connecticut. See Morenz v. Wilson-Coker.
For Arizona spousal support information and attorney advice, contact NRG.
Arizona unveiled a campaign Tuesday to begin tracking down nearly 1,000 sex offenders, many of whom are considered a potential danger to Arizona's children.
Click here for full article.
Britney Spears' husband Kevin Federline has slammed reports he is failing to pay child support to the mother of his two children.
Federline split with ex-fiancee Shar Jackson in April 2004 after falling for Spears, despite Jackson being pregnant at the time with their son Kaleb, who was born nearly a year ago.
Recent reports suggested Jackson hasn't received money to care for Kaleb, 11 months and Kori, two, from unemployed Federline.
However Spear's publicist Leslie Sloane Zelnick says: "He does pay child support."
In a dissolution of marriage proceeding, settlement proceeds from a legal malpractice lawsuit are respondent's separate property since the cause of action for the lawsuit arose after separation. Click here for the California court opinion.
For family law related issues, contact NRG.
Second Circuit Court of Appeals Ruling -- A parent not admitted to the bar cannot bring an action pro se in federal court on behalf of his or her child. For the full opinion, click here.
NRG represents child and their interests in court proceedings.
A Pennsylvania court properly refused to exercise emergency jurisdiction over a Louisiana infant who according to her mother had been physically and sexually abused by her father, the Pennsylvania Superior Court ruled June 21. The court, construing the UCCJA's emergency exception provision for the first time, looked to other states in concluding that such jurisdiction should be exercised only when the subject child is in immediate danger of suffering harm. Finding no such evidence here, it said that the Louisiana court in which the father filed for divorce should resolve the parents' custody dispute (O'Gwynn v. Herbert, Pa. Super. Ct., No. 2526 EDA 2004, 6/21/05).
For interstate custody issues regarding Arizona, contact NRG.
Neither the federal nor the Indiana wiretap law contains an exception for the surreptitious interception of one's spouse's communications, the Indiana Court of Appeals decided June 10. Addressing the issue for the first time, the court refused to follow the Fifth Circuit in inferring such an exception from the federal act's "extension phone exception." In rejecting the argument that a marital exception may be found in the Indiana statute, the court pointed out that it does not contain an "extension phone exception" from which a marital exception could be inferred (Dommer v. Dommer, Ind. Ct. App., No. 64A03-0409-CV-410, 6/10/05).
For more information regarding Arizona Divorce, contact NRG.
State laws limiting the institution of marriage to members of the opposite sex do not offend the due process and equal protection rights provided by New Jersey's Constitution, that state's Superior Court, Appellate Division, held June 14.
In rebuffing the claims of seven same-sex couples who had been denied marriage licenses on statutory grounds, the court stressed that the state's recently enacted Domestic Partnership Act confers substantial legal rights upon same-sex couples (while stopping short of recognizing their right to marry) (Lewis v. Harris, N.J. App. Div., No. A-2244-03T5, 6/14/05).
For similiar issues in Arizona, contact NRG.
Ted Nugent, '70s rocker and entrepreneur, reached a support agreement with the Dover woman he fathered a child with in 1995.
Nugent will pay $3,500 monthly in child support, and she will have sole custody of their son, now 10, under the agreement.
The child was born in April, 1995, after Gutowski and Nugent had a "brief relationship" related to Nugent's music, Gutowski's attorney has said. Gutowski sued Nugent for child support and legal custody in 2003.
Nugent acknowledged earlier in the case that he is the father and paid "minimal" support but has never met the boy.
SEATTLE -- A new study says states with tougher child support laws have fewer unwed births.
The study, which has not yet been published, shows that states with the most stringent laws and strictest enforcement have up to 20 percent fewer out-of-wedlock births.
For questions regarding Arizona paternity, contact NRG.
SEATTLE -- A new study says states with tougher child support laws have fewer unwed births.
The study, which has not yet been published, shows that states with the most stringent laws and strictest enforcement have up to 20 percent fewer out-of-wedlock births.
For questions regarding Arizona paternity, contact NRG.