Joel R. Brandes

March 22, 2024 | New York Law Journal

One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.

By Joel R. Brandes

15 minute read

February 22, 2024 | New York Law Journal

New York courts have reluctantly passed upon the enforcement of religious marriage contracts. The restrictions of the First Amendment constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment. The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that are discussed in this article.

By Joel R. Brandes

18 minute read

January 19, 2024 | New York Law Journal

In a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.

By Joel R. Brandes

13 minute read

November 17, 2023 | New York Law Journal

In his Law and the Family column, Joel R. Brandes breaks down the Respect for Marriage Act, which provides federal statutory authority for same-sex and interracial marriages and replaced provisions in the Defense of Marriage Act that defined, for purposes of federal law, marriage as between a man and a woman, and defined a spouse as a person of the opposite sex.

By Joel R. Brandes

10 minute read

September 17, 2023 | New York Law Journal

The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.

By Joel R. Brandes

13 minute read

August 11, 2023 | New York Law Journal

A failure to comply with a custody or visitation order, an order directing payment of maintenance and child support, a temporary restraining order, or other lawful order in a matrimonial action, as in any other action, may result in a finding of criminal contempt of court where the court finds that there has been willful disobedience to its lawful mandate.

By Joel R. Brandes

12 minute read

June 29, 2023 | New York Law Journal

Civil contempt is punishable by imprisonment or fine, and since 2016 has become a remedy of first resort. For that reason, it can be very effective to enforce financial awards in matrimonial actions. However, a contempt finding will be reversed when an accused spouse is denied his constitutional rights.

By Joel R. Brandes

15 minute read

May 05, 2023 | New York Law Journal

Taking an appeal in an e-filed case can be daunting because of the maze of court rules that must be navigated to successfully take an appeal.

By Joel R. Brandes

15 minute read

March 24, 2023 | New York Law Journal

Judicial proceedings, including matrimonial actions, are presumptively open to the public and the press unless there are compelling reasons for closure.

By Joel R. Brandes

15 minute read

February 22, 2023 | New York Law Journal

In his Law and the Family column, Joel Brandes discusses New York's slowly evoling policy regarding forensic evaluations of the parties and their children in custody case.

By Joel R. Brandes

15 minute read