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Although the following case comes out of the fourth department, many married individuals pay off Supreme Court, Appellate Division, Fourth Department, New York. Craig J. MIRAND, Plaintiff-Respondent, v. Lisa M. MIRAND, Defendant-Appellant. July 11, 2008 James P. Renda, Buffalo,... Continue reading "Credit Counts Again" »
Recently the the Appellate Division held that payment of premarital debt with marital funds should be credited as an asset of the marriage. This case is extremely important. If graduate school loans for medical, dental or law school were... Continue reading "Do Not Forget Your Credit" »
Family Court Act 812 (1) (c) was amended to include in the list of persons who the court has jurisdiction to grant an order of protection, persons formerly married to one another, "regardless of whether they still reside in the... Continue reading "Family Court Act 812 Now Everybody Should Worry" »
In a recent child custody case in New York, a trial court judge was overturned, and custody was granted by DECISION & ORDER In an action for a divorce and ancillary relief, the father appeals, as limited by his... Continue reading "Sometimes Justice Prevails!!" »
A-Rod's wife filed her divorce petition in Florida for a reason. In New York, as long as Alex has a pre marital agreement, his wife will only be entilteled to enforce the terms of the agreement. Since, A Rod... Continue reading "Alex Rodgriguez-- How much will he pay?" »
The Court of Appeals recently ruled that the proper valuation date for all marital property is the date the summons for divorce is filed. An older discontinued action shall not serve as the valuation date.Court of Appeals of New... Continue reading "What is the Proper Valuation Date?" »
The Court of Appeals recently ruled that the proper valuation date for all marital property is the date the summons for divorce is filed. An older discontinued action shall not serve as the valuation date. In Mesholam v Mesholam,... Continue reading "What is the Proper Valuation Date?" »
In child custody and visitation cases there are several factors the courts will use to determine what is in "the best interests of the child". The parties are the primary source of information with regards to the weight the judge... Continue reading "Child Custody: What you should Know" »
Just because a license or a degree is acquired during the marriage, it does not mean that a Judge has to divide the asset. In the following divorce case in New York the appellate division reversed the trial judge.Supreme... Continue reading "Enhanced Earnings" »
In my experience New York Divorce lawyers who offer free consultations are doing this to have a chance to sell their services. Many clients come to me after their free consultation and tell me that all they did was... Continue reading "Consultation Fees Should I Pay?" »
PRUDENTI, P.J.When an action for a divorce in New York is commenced, it is often the case that most of the marital assets available for the payment of legal fees are possessed or controlled by one of the spouses,... Continue reading "My husband controls all the Money Am I Entitled to Legal Fees?" »
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... Continue reading "Is every case 50/50" »
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... Continue reading "Cheating Wife Denied Divorce" »
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 ... Continue reading "Is it legal to tape record conversations between your child and your spouse?" »
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?" »
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... Continue reading "Pre Nup Agreements Should I get One ?" »
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" »
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" »
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?" »
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... Continue reading "Why Appeal? If you have nothing to win" »
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... Continue reading "Should I appeal?" »
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,... Continue reading "Anything can happen at trial?" »
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" »
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... Continue reading "Duress is Difficult to Prove" »
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... Continue reading "It is never too late to Collect" »
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... Continue reading "The Family Jewels" »
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... Continue reading "Is my inheritance safe?" »
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... Continue reading "Is my inheritance safe?" »
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... Continue reading "You are entitled to a Defense" »
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... Continue reading "Imputing Income" »
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... Continue reading "Struggle over Stock" »
I ran across this articleThe Validity of Prenuptial AgreementsJoel R. BrandesNew York Law JournalDecember 22, 1998PROPERTY SETTLEMENTS are encouraged as consistent with the public policy of New York. Such settlements in prenuptial agreements must be fair and reasonable and... Continue reading "How to Make a Pre Nup Valid" »
If you are fighting the grounds for a divorce, make sure that your answer to the complaint contains a request for child support and maitenancen. A recent decision by a respected justice in New York explains the logic...... Continue reading "It is all in the Answer?" »
A Post nuptial agreement is basically a settlement agreement. However, the Courts in New York will require that the agreement is fair. Many times, when one spouse feels guilty they will sign anything. In the following case this is... Continue reading "Post Nuptial Agreements" »
Pre nupts are valid, and it is difficult to get them thrown out in Courts in New York, read the following case from the third department..... - - - Darrin Darrin v. Darrin, --- A.D.3d ---, --- N.Y.S.2d --- (Third... Continue reading "What happens if Somebody Files for Divorce?" »
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