Martha R. Bagley swears she does not get up on her “high horse” often. But the subpoena the Topsfield, Massachusetts, attorney received on May 2 from a fellow member of the family law bar struck her as beyond the pale. ...
Read More »Lawyer who has been disciplined 14 times suspended for handling of custody case
A longtime Minnesota attorney who has faced discipline several times before is facing further discipline. The Minnesota Supreme Court announced Jan. 10 that Joseph Kaminsky was indefinitely suspended from the practice of law, with no right to petition for reinstatement ...
Read More »Child’s custody preference not a material change, Virginia court rules
In a matter of first impression, the Fairfax County Circuit Court in Virginia ruled that it had no jurisdiction to modify a custody agreement based solely on the children’s preference to equalize the custodial time shared by their parents. Judge ...
Read More »Disinherited son can’t challenge appointment of personal rep
The Massachusetts Appeals Court has ruled in a case of first impression that a disinherited son’s status as an “interested person” under the Massachusetts Uniform Probate Code did not give him standing to challenge his stepmother’s appointment as personal representative ...
Read More »Debt warrant action from divorce case properly decided, appeals court says
In this warrant in debt action, the Virginia Court of Appeals rejected an appellant’s argument that the circuit court lacked jurisdiction to decide that matter because the same action was pending in the general district court. The appeals court concluded ...
Read More »Embryo properly awarded to husband, divided appeals court rules
A trial court did not err when it awarded the husband of a divorced couple the parties’ cryogenically preserved embryo created with an egg from the wife’s sister fertilized by sperm from the husband, a divided panel of the Michigan ...
Read More »Wife properly awarded excess proceeds from home sale, Virginia appeals court says
Where the marital home sold for more than the value stated in the final divorce decree, the Henrico County Circuit court correctly ruled that wife was entitled to the excess proceeds, the Virginia Court of Appeals ruled. Statement of the ...
Read More »Military retirement pay agreement in Virginia divorce upheld
The Virginia Court of Appeals has found that where the parties’ property settlement agreement provided that husband would indemnify wife for any military retirement pay that is diminished by his receipt of military disability pay, the agreement is enforceable as ...
Read More »SEC can’t disgorge value of ex-wife’s BMW in securities case
The U.S. Securities and Exchange Commission could not recover from a divorced woman the value of a car that her ex-husband bought for her with proceeds he apparently obtained through securities fraud, the 1st U.S. Circuit Court of Appeals has ...
Read More »Arizona GOP lawmakers want more oversight of child safety agency
PHOENIX — A veteran state lawmaker says he wants more oversight of the Arizona Department of Child Safety, saying the agency is taking far too many children from their homes and then losing track of some of them. “Children are ...
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Maryland Family Law Maryland family law opinions and commentary
