Matrimonial Matters: Fourth Department – A matter of law
Two recent decisions issued by the Fourth Department point out that while there are a fair number of ambiguous areas in family law, sometimes the law is the law.
View ArticleMatrimonial Matters: Another ‘stealth’ law makes it past practitioners
One thing that I have learned about legislation in New York is that often a bill becomes law without any notice to those who may be affected by it. Completely by chance as the result of reviewing a...
View ArticleMatrimonial Matters: A separation agreement is a contract
Matrimonial lawyers know that a separation agreement is a contract. That is why classic contract terms are typically included in this agreement. While it is very unusual when the terms in a separation...
View ArticleMatrimonial Matters: Divorce rates are falling — is this a good thing?
The title of this month’s column is not meant as a joke. Yes, the first cynical thought is that a falling divorce rate is not good for matrimonial lawyers. However, statistics show that the overall...
View ArticleMatrimonial Matters: Matrimonial law changes for 2015
As usual with the passing of the old year and the start of the new, there are changes in the law. Also, as usual, there is no provision to officially apprise lawyers of these changes. Below are two...
View ArticleMatrimonial Matters: Recent relocation cases in the Fourth Department
From the reported cases, it appears that the New York appellate divisions have had an uptick in matters involving a parent’s wish to relocate with the children. As cases typically take some time to get...
View ArticleMatrimonial Matters: Changes from the Supreme Court Matrimonial Part
The Hon. Elma A. Bellini, supervising justice of the Supreme Court Matrimonial Part, has announced two changes involving practice before the Matrimonial Part. The first involves attorneys for the...
View ArticleMatrimonial Matters: Court rules on its own motion to disqualify AFC
More often than lawyers for the parties, Attorneys for the Children in custody and neglect cases can become intimately involved in their clients’ lives, visiting the children’s residence, talking with...
View ArticleMatrimonial Matters: Virginia appeals court issues interesting ruling
In April, the Court of Appeals of Virginia addressed an unusual custody and paternity matter. In Bruce v. Boardwine (Record No. 1250-14-3, April 21), the court reviewed the circumstances under which a...
View ArticleMatrimonial Matters: Custody decision engenders animated dissent
The Fourth Department entered a decision on June 19 that sparked a detailed dissent from Justices Centra and Peradotto. In Sheridan v. Sheridan (CA 13-01929), the defendant father appealed an order,...
View ArticleMatrimonial Matters: An overview of new spousal maintenance statutes
Near the end of the most recent New York legislative term, bills were passed that significantly impact family law practice. These changes relate to the calculation and application of spousal and child...
View ArticleMatrimonial Matters: New spousal maintenance statutes – part 2
As New York matrimonial lawyers know, we are getting new maintenance provisions. Exactly when those laws go into effect is still unknown as of the third week of August. All of the new laws except one...
View ArticleMatrimonial Matters: That separation agreement is a contract
When drafting a separation agreement, because of the personal nature of many of the terms, family law practitioners sometimes lose track of the fact that what they are drafting is a contract. Contract...
View ArticleMatrimonial Matters: The devil is in the Appellate Division details
Two appellate cases delve into specifics in dealing with the issues of child support and children’s college costs. While sweeping legal principles tend to be the norm for cases getting popular...
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