Family Law

  • New York Law Journal

    Divorce Law Ends 2023 on a High Note

    By Alan Feigenbaum | December 11, 2023

    Alan Feigenbaum discusses Nassau County Judge Edmund M. Dane's recent decision in 'T.H. v. G.M.'

  • New York Law Journal

    Orrick Partner Joins Appeal of Family Court Order Allowing Unannounced Visits to DV Survivor's Home

    By Jane Wester | December 7, 2023

    Attorneys say they hope their case will end the practice: "We're proud to take on this fight to protect basic American freedoms, said Orrick's Naomi Scotten.

  • New York Law Journal | Analysis

    When U.S. Citizens Must Choose Between Love and Country

    By Mariko Hirose | December 7, 2023

    When a U.S. citizen marries a noncitizen, the foreign spouse does not automatically obtain the right to live in the United States permanently. Instead, if the spouse does not have permanent status already, the U.S. citizen must submit a petition and accede to the process of proving the marital relationship to USCIS. Should the consular officer's fateful decision to issue a spousal visa be subject to any degree of judicial oversight? In a petition for certiorari before the U.S. Supreme Court, the Solicitor General is urging the court to take up the question and answer it in the negative to the detriment of millions of U.S. citizens.

  • New York Law Journal | Commentary

    Why AFCs Should Not Be Appointed To Represent Non-Communicative Toddlers in Custody Disputes

    By Peter J. Galasso | December 6, 2023

    Peter Galasso has previously argued to multiple jurists that AFCs should not be appointed to represent toddlers in child custody cases. Due to the absence of guidance from the Appellate Division, this argument has yet to gain traction in the minds of judges responsible for the appointment of AFCs for toddlers. To safeguard the integrity of the judiciary and to save our clients a substantial amount of money in the process, this misguided practice needs to end.

  • New York Law Journal

    Protecting Children of Divorce Against Weaponized Social Media, Part 3: How Automatic Orders Against the Use of Harmful Social Media Offer Protection for Children

    By Gus Dimopoulos | December 5, 2023

    In this three-part series, Gus Dimopoulos uses recent decisions such as Kassenoff v. Kassenoff and Walsh v. Russell to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. This final part looks at what's being done to stop harmful content at its source, and how the New York court administration should make the benefits of recent holdings available to all divorce litigants and their children through standing, automatic orders precluding disparaging posts about the parties and their children.

  • New York Law Journal

    Protecting Children of Divorce Against Weaponized Social Media, Part 2: What's Being Done?

    By Gus Dimopoulos | November 28, 2023

    The use of social media as a weapon in custody cases is a pressing concern. In February and March, he Appellate Division, Second Department ruled on two groundbreaking cases that address the issue—Kassenoff v. Kassenoff and Walsh v. Russell—deciding that narrowly tailored orders prohibiting a divorce litigant from posting on social media during a divorce are constitutionally permissible if the speech to be restrained is likely to produce a serious danger to children. In his three-part series, Gus Dimopoulos, a representative for Allan Kassenoff, the litigant who succeeded in obtaining an order prohibiting social media posting in his divorce, examines the importance the above rulings have on protecting children of divorcing parents. This Part 2 looks at how social media companies and the courts are falling short on providing protection to children.

  • New York Law Journal

    Protecting Children of Divorce Against Weaponized Social Media, Part 1: Exploring the Harmful Effects

    By Gus Dimopoulos | November 21, 2023

    In his three-part series, Gus Dimopoulos uses recent decisions such as and 'Kassenoff v. Kassenoff' and 'Walsh v. Russell' to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. Part Two in this series will look at how social media companies and the courts are falling short on providing protection. Part Three will examine what's being done about it.

  • New York Law Journal | Analysis

    The Respect for Marriage Act

    By Joel R. Brandes | November 17, 2023

    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.

  • New York Law Journal | Analysis

    Perspectives on Controversies and Some Cautionary Tales From the Intersecting Worlds of Divorce, Family Law and the News

    By Alton L. Abramowitz and Leigh Baseheart Kahn | November 16, 2023

    Recent news stories featuring celebrities, prominent businesspeople and the wealthy provide fodder for public consumption and their reported circumstances and controversies lend themselves as examples of situations (occasionally outlandish) that provide important lessons to matrimonial and family law practitioners and their clients.

  • New York Law Journal | Commentary

    Cyber Spying on Your Spouse During a Divorce: Does It Cross a Legal Line?

    By Dina De Giorgio | November 15, 2023

    For the most part, technology is good—but when couples find themselves in a divorce, the rules about the use of technology change. This article discusses how attorneys should advise clients how to modify their use of technology to protect themselves and their children and be clear about the consequences of "cyber spying" during a divorce.

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