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August 23, 2008

Credit Counts Again



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,...

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Do Not Forget Your Credit



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...

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Family Court Act 812 Now Everybody Should Worry



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...

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July 13, 2008

Sometimes Justice Prevails!!



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...

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July 7, 2008

Alex Rodgriguez-- How much will he pay?



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...

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July 3, 2008

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.Court of Appeals of New...

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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,...

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Child Custody: What you should Know



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...

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June 10, 2008

Enhanced Earnings



   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...

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Consultation Fees Should I Pay?



   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...

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May 22, 2008

My husband controls all the Money Am I Entitled to Legal Fees?



        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,...

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May 6, 2008

Is every case 50/50



     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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April 30, 2008

Cheating Wife Denied Divorce



   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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April 29, 2008

Is it legal to tape record conversations between your child and your spouse?



      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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April 28, 2008

Constructive Abandonment What Do you have to Prove?



     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...

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April 26, 2008

Pre Nup Agreements Should I get One ?



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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April 25, 2008

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...

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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...

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April 21, 2008

Defense to Adultery- Is a Menage-a-trois a defense?



  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...

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November 7, 2007

Why Appeal? If you have nothing to win



  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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Should I appeal?



    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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Anything can happen at trial?



     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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August 18, 2007

A Dozen things to Consider before you File



  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,...

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Duress is Difficult to Prove



  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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It is never too late to Collect



   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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July 17, 2007

The Family Jewels



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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July 3, 2007

Is my inheritance safe?



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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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...

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July 2, 2007

You are entitled to a Defense



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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Imputing Income



          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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Struggle over Stock



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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June 30, 2007

How to Make a Pre Nup Valid



  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...

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June 28, 2007

It is all in the Answer?



   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......

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Post Nuptial Agreements



       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...

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What happens if Somebody Files for Divorce?



  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...

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