Divorce, Remarriage and Property: Adding Third Parties to a Contested Proceeding

Navigating the Resulting Complexities

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 2, 2022

Recorded event now available

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Course Materials

This CLE webinar will equip family law attorneys to handle the complexities that arise when third parties are added to a divorce. The panel will discuss when and which third parties to add, factors to consider, procedures to follow, and how to strategically manage the consequences.

Description

The need to add third parties to a divorce proceeding is growing. Remarriages, serial divorces, and stepfamily issues may bring the rights of first families and potential obligations of subsequent spouses into the case. Loans, gifts, and transfers to and from third parties raise fraudulent transfer issues. Bringing in third parties is almost inevitable when closely-held family businesses and trusts are involved.

Attorneys representing the divorcing couple must recognize when and how to join third parties. If joinder is permissive, they must understand the costs and benefits to their client's short- and long-term goals of expanding the dispute.

Family lawyers need a robust set of skills to control the proceedings to prevent converting a two-party dispute into a broad, complex, and expensive litigation over matters far afield from the original case.

Listen as this panel of experienced family law attorneys guides counsel about when third parties must or should be added to a divorce proceeding—either by the parties to the case or through intervention.

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Outline

  1. When third parties must be joined
  2. When third parties may be joined
  3. Intervention
  4. Consequences of adding third parties
  5. Strategies for maintaining control of the proceedings

Benefits

The panel will review these and other key issues:

  • When is it cost-effective to join in a third party?
  • Can or should specific issues be bifurcated?
  • Is a global settlement possible if the third party must consider other third parties?
  • Are the rules of discovery different in matrimonial vs. general civil cases?
  • Can third-party finances be considered in property division or support awards?

Faculty

Burris, Kelly
Kelly L. Burris
Senior Litigation Partner
Cordell & Cordell

Ms. Burris has settled and litigated complex custody cases and property cases involving multi-million dollar estates....  |  Read More

Gitlin, Gunnar
Gunnar J. Gitlin, J.D.
Attorney
The Gitlin Law Firm

Mr. Gitlin exclusively practices divorce and family law. He is a published author and frequent lecturer to...  |  Read More

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