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Email Evidence in Divorce Litigation

Collecting Email Evidence in Divorce What to Look for and Where to Find it (Quickly) The overarching federal statute is 18 U.S.C. §1030 or the Computer Fraud and Abuse Statute. Section 1030 prohibits (a) intentionally accessing a computer without authorization from any protected computer if the conduct involved an interstate or foreign communication; (b) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud; (c) intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage. A protected computer

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Missouri Law Summary on Custody Modifications

Below is some Missouri law on motions to modify. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic. Because the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. 1. Statutes: RSMo. § 452.410 – Custody, decree, modification of, when. The court shall not modify a prior custody decree unless it has jurisdiction and it finds, upon the basis of facts that have arisen since the prior

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Rules, Procedures, and Changes You Need to Know

1. Rules and Procedures for Getting Evidence Authenticated & Admitted Fed. R. Evid. 901 states that to satisfy the requirement of authentication, the proponent must, (1) produce evidence, and (2) demonstrate that the evidence produced is sufficient to support a finding that the evidence is what the proponent claims it is. The following list is a non-exclusive list of examples of evidence that satisfies this requirement: Testimony of a witness with knowledge; Non-expert opinion about handwriting; Comparison by an expert witness or trier of fact; Distinctive characteristics and the like; Opinion about a voice; Evidence about a telephone conversation; Evidence

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TAX TREATMENT AND CONSEQUENCES OF DIVORCE

a. Taxation of Asset Transfers 26 USCA § 1041: Transfers of property between spouses or incident to divorce (a) General rule. No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of) – (1) a spouse, or (2) a former spouse, but only if the transfer is incident to the divorce. (b) Transfer treated as gift; transferee has transferor’s basis. In the case of any transfer of property described in subsection (a) – (1) for purposes of this subtitle, the property shall be treated as acquired by the transferee

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Illinois Law Summary: Abuse and Temporary Child Custody

Below is a law summary regarding child custody cases in Illinois where abuse and temporary custody motions can interplay.  This is an issue that can come up in child custody cases in Illinois. Given that the facts of every case is different, it is important to consult with an attorney regarding any individual situation.  However, this summary does provide some important legal information on this topic. Pursuant to 750 ILCS 60/103, in Illinois, abuse is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.  It does not include reasonable direction of a minor child by

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Illinois Law Summary: Educational Expenses and College Costs

Below is some Illinois law involving educational and college expenses. This summary includes some relevant statutes and applicable case law. This is a topic that comes up regularly in family law matters involving children.Because the facts of every circumstance is different, it is imperative to consult with an attorney regarding any particular circumstance.  This summary, however, does help provide some important information on this topic. Pursuant to 750 ILCS 5/513, in Illinois, courts may make provision for the educational expenses of the child or children of the parties, whether of minor or majority age. Educational expenses may include, but shall

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Missouri Bar Annual Law Update: Family Law 2018

Child Support Beermann v. Jones, 524 S.W.3d 545 (Mo. App. W.D. 2017): Husband and Wife dissolved their marriage in November of 1998. At that time, they had one child, who had been born in 1997. Pursuant to the terms of a previous modification judgment, Husband agreed that he would pay 100% of his son’s college expenses. However, in January, 2015-about eight months before the son would begin attending college at the University of Missouri-Husband filed a motion to modify his child support obligation, seeking a reduction of $560 to either $355 or $158 once his son started college, on the

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Missouri Bar Annual Law Update: Family Law 2019

I. Child Support Swanson v. Hernandez, 544 S.W.3d 315 (Mo. App. E.D. 2018): Father had three child support orders for three separate children of three separate mothers. The first order (S.M.S.) required father to pay $350.00 per month and it was initially ordered in New York, but was registered in Georgia after the mother and child moved there. After the move, New York recognized the Georgia registration and divested itself of jurisdiction under the UIFSA because none of the parties reside in New York. The second order (S.R.S.) required father to pay $450.00 per month and was ordered in Missouri.

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Legal Summary: Motions in Divorce – With Examples

I. Emergency Motions A.  Restraining Orders & Habeas Corpus A temporary restraining order (TRO) prevents irreparable injury. In some cases, there could be a concern as to custody or assets that could necessitate a TRO. In Missouri, TROs consist of a three-step proceeding consisting outlined in Rule 92 and Chapter 526, RSMo: 1. A temporary restraining order may be issued by the court at the request of the plaintiff without notice to the other party only if the plaintiff can show that immediate and irreparable injury or loss will result before the opposing party can be heard and only if

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Missouri case summary on paternity cases

Below is some Missouri law involving paternity cases. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic. Because the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. Paternity Cases Examples In re the Marriage of Brown, 310 S.W.3d 754 (Mo. App. E.D. 2010): In In re the Marriage of Brown, there was one unemancipated child who was born prior to the marriage. Although Husband’s name was

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Missouri Law Summary on Termination of Parental Rights

When do parents terminate their parental rights? Can the court terminate the parents’ rights? What factors are considered when terminating parental rights? In Missouri, termination of parental rights are divided into three broad categories: (1) termination of parental rights by consent; (2) contested termination of parental right where the filing of the termination petition is mandatory; and (3) contested termination of parental rights where the filing of the termination petition is discretionary.1 Generally, the court must find at least “one ground for termination has been proven “by clear, cogent and convincing evidence,” and the court must also find by a

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Prenuptial Agreements Line by Line

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Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw
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Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

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