Both spouses can share in gift from husband’s family

A recent South Dakota case makes clear that a gift to a married couple from one spouse’s family will count as a gift to both of them in the event of a divorce, even if the benefactor later claims he or she intended otherwise The case revolved around South Dakota land that had been in Dennis Ryland’s family since 1878, when his great-grandfather homesteaded it. Ryland had only one child, who had moved away from South Dakota and had no interest in coming back to farm the land. In 2006, when the farm was worth nearly $2 million, Ryland decided
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Ex-wife can ‘claw back’ millions in hidden assets

When marriages go bad, feelings can be raw, making it tempting to want to hide assets to punish your soon-to-be ex. But if you get caught, the consequences can be severe, as a recent case shows us. The couple in the case, Robert and Janet Foisie, decided to divorce in 2010. They went to mediation, where they agreed to fully disclose and equally divide their assets. Robert also allegedly told Janet during mediation that he had no “offshore assets.” A year later, after both spouses had allegedly fully disclosed their assets in a Connecticut family court, they executed a divorce
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Who carries the burden of proof in a criminal case?

The phrase ‘burden of proof’ refers to which party—the defense or prosecution—is responsible for providing evidence of a crime. In most court cases, the party filing the claim carries the burden of proof. In a criminal case, this generally falls to the prosecution. The burden of proof refers to the process of proving elements of a crime beyond a reasonable doubt. The burden of proof does not refer to proving guilt or innocence. Criminal cases do not require defendants to prove innocence. However, while the prosecution carries the burden of proof, they do not have to prove guilt to the
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Mom can’t move kids away without consent of court

A mother who wanted to move her kids 90 minutes from their father, who shared joint custody, couldn’t do so without the court reviewing the children’s best interests, a South Carolina appeals court recently ruled. The couple divorced in June 2014 and had joint legal custody and joint week-to-week physical custody of their two children. Neither parent paid child support, although the mother, who apparently earned more money, provided medical insurance and childcare costs. The order also barred either parent from having their children overnight in the presence of members of the opposite sex. A year after the divorce the
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Court OK’s prenup-turned-post-nup

Prenuptial agreements are a useful way for a soon-to-be-married couple to protect assets they are bringing into a marriage. Essentially, these are contracts that lay out exactly what each spouse is entitled to (and obligated to) in the event of a divorce. If you and your soon-to-be-spouse are considering such an agreement, be sure to work with an attorney who can make sure it’s properly executed. Otherwise it may not be enforced, as nearly happened in a recent Michigan case. In that case, Carla Skaates and her husband Nathan Kayser lived together for before getting married. Skaates had a dental
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COVID-era divorce solutions could outlive pandemic

The Covid-19 crisis has impacted every aspect of life, including divorce. With courthouses closed to the public, divorcing couples have had to contend with technology solutions like Zoom for hearings and trials. This has made what’s already a challenging process even harder as participants deal with bad connectivity and sound, background distractions and getting documents to a judge that can usually be handed over in person. Nonetheless, Zoom and similar tech solutions have improved the process in certain ways that may outlive the virus. Zoom and similar tech solutions have improved the process in certain ways that may outlive the
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