In New York Divorce cases, Judges divide property subject to New Yorks equitable distribution law.  In many cases Judges divide all property equally.  If the marriage is a true economic partnership, generally everything will be divided equally.  In the...

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   A common ground for divorce is the abandonment of the plaintiff by the defendant for more than one year.  However, the Appellate division recently ruled that if one spouse was justified in vacating the marital residence then the ground...

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      Many clients ask me, "is it legal to video or audio tape my child with the other parent?"  The law in New York State conflicts with Federal Law.  Recent case law in New York State makes answering this question ...

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     Grounds for a divorce action in New York State, can sometimes be problematic.  Many times an experienced New York Divorce lawyer will use the grounds issue as a bargaining chip.  In a recent decision by the Appellate Division in...

Continue reading "Constructive Abandonment What Do you have to Prove?" »

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A question that I'm sometimes asked is: Can I enter into a prenuptial agreement after I get married? The answer is: yes, you can. These agreements are known as postnuptial agreements or antenuptial agreements or postmarital agreements.  Common Uses of...

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    Most divorces are settled by agreement.  A few go to trial.  The only think certain in a divorce trial is nobody knows how a Judge will rule.  Read the following case that was decided by the appellate divison.  Apparently...

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    Most divorces are settled by agreement.  A few go to trial.  The only think certain in a divorce trial is nobody knows how a Judge will rule.  Read the following case that was decided by the appellate divison.  Apparently...

Continue reading "Sometimes it does not Pay to Go to Trial" »

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  In a recent decision by Justice Gesmer in Bronx Supreme Court, the Plaintiff was granted a protective order and did not have to answer the notice to admit to a menage a trois.  Sometimes, you cannot make this stuf...

Continue reading "Defense to Adultery- Is a Menage-a-trois a defense?" »

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  In the following case, the wife won her appeal.  She was granted a total of 1750 in child support and attorneys fees in the amount of twenty thousand dollars.  This seems like a win, but in reality all she...

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    A divorce trial is time consuming and expensive.  Many times the appellate division only makes minor adjustments to a written decision by a Judge in New York State.  Many people appeal and lose, not only time but alot of...

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     64.2.12 - - - Hale Hale v. Hale, 16 A.D.3d 231, 792 N.Y.S.2d 27 (First Dept. 2005)(2005 WL 612968)(2005 N.Y. Slip Op. 01997)(Mar 17, 2005): Supreme Court, Appellate Division, First Department, New York. Robert V. Hale, Plaintiff-Appellant-Respondent,v.Jane Drake Hale, Defendant-Respondent-Appellant.    ENTERED: MARCH 17,...

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  I came across this post, and even though it is not from a New York Divorce lawyer, strategy is strategy.  Always be prepared when filing a contested divorce in New York.  Even before you hire a New York Divorce  Lawyer,...

Continue reading " A Dozen things to Consider before you File" »

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  Pre nuptial agreements are becoming increasingly common in New York.  I have been preparing more and more as time goes on.  Many people always ask me will it hold up in Court?  As long as the agreement complies with...

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   Many times in New York divorce cases, people make separation or settlement agreements for events that will happen in the future.  A great example, is when a wife or a husband agrees to take a percentage their   spouses pension benefits...

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It is a common misconception that jewelry is necessarily the separate property of the wife and is never subject to equitable distribution.  In fact, many people don't even mention jewelry when discussing assets during a divorce case.  See the excerpt below for an example...

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The question of whether or not an inheritance is subject to equitable distribution has gotten in a lot of attention.  Take a look at the following excerpt from Spencer v. Spencer which finds that inheritance is separate property, but its...

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The question of whether or not an inheritance is subject to equitable distribution has gotten a lot of attention.  Take a look at the following excerpt from Spencer v. Spencer which finds that inheritance is separate property, but its appreciated...

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April 3, 2007 Page 1.SHAGOURY v SHAGOURYSupreme Court of the State of New YorkAppellate Division: Second Judicial DepartmentD14539C/huAD3d Argued - February 20, 2007STEPHEN G. CRANE, J.P.GLORIA GOLDSTEINSTEVEN W. FISHERROBERT A. LIFSON, JJ.2005-07041 DECISION & ORDER(Index No. 18409/02)In an action for...

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          All too often, fathers or mothers come to court and say they do not earn any income.  The Courts in New York have the power to impute income to the non custodial parent, if the Court believes that a...

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Clients often ask about the distribution of stock or employee stock options upon divorce.  Unfortunately, there is no one way to determine the value of these assets without immediate sale, which is frequently undesirable for both parties.  For a discussion of the factors...

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