Sign in to follow

New York Law Journal

Shifting Sands: May a Court Properly Order the Sale of the Marital Residence During a Divorce’s Pendency?

Historically, it has been well settled that courts could not direct the sale of a marital residence during the pendency of a divorce. However, as New York has moved to a no-fault divorce regime, courts have begun to question this approach and have instead ordered the sale of marital residences where an equitable outcome so requires.
9 minute read

New York Law Journal

Joint Custody Awards in New York – The Current Rule

The author writes "There is no consensus in New York as to a precise definition of joint custody, and its meaning may lie in the eyes of the beholder. Theoretically, it involves two elements: (1) physical possession of the child, and (2) shared decision-making. Joint custody may take many forms."
15 minute read

The Recorder

The Rise of Female Breadwinners: Challenging Traditional Divorce Dynamics

Financial advisers note that female breadwinners face distinct challenges in protecting their assets during divorce. Many have built successful careers while maintaining primary responsibility for the household, leading to complex discussions about contributions to marital assets.
4 minute read

New York Law Journal

Family Court 2024 Roundup: Part II

In Part 2 of her two-part series, Cynthia Feathers of the Albany County Public Defender’s Office discusses neglect, stays, summary judgment and UCCJEA decisions as well as some unusual cases with surprising outcomes.
10 minute read

Texas Lawyer

Nondisparagement Clauses in Divorce: Balancing Family Harmony and Free Speech

Nondisparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance the complex interplay between family law and Constitutional rights? What’s the difference between disparagement and complaining? What are the implications of these competing forces for divorcing couples in Texas and beyond?
6 minute read

New York Law Journal

Family Court 2024 Roundup: Part I

In Part I of her two-part article, Cynthia Feathers of the Albany County Public Defender’s Office discusses selected Appellate Division decisions rendered last year in Family Court cases. This part covers decisions about attorneys for children, bias, counsel for parents, defaults, and dissents. Part II will discuss neglect, stays, summary judgment and UCCJEA decisions as well as unusual cases with surprising outcomes.
10 minute read

New Jersey Law Journal

Avoiding Discrimination and Hurtful Language

The New Jersey legal system defines parents as natural, when they have biological children or are parents by previous adoption. This language must be changed from both legal and humanistic perspectives. There is no fundamental reason to define biological parents or parents by previous adoption differently than the people who become parents of children through other avenues.
4 minute read

New York Law Journal

Comity Without Reciprocity: Orders Concerning International Child Custody & Ground Reality

The author writes "When a child has been wrongfully removed from the U.S., a parent would typically look to secure a custody/return order from a U.S. court. However, when enforcing that order in a foreign country, the harsh truth remains that foreign countries are sovereign entities and not required to recognize or defer to a U.S. family court's jurisdiction or custody decision."
3 minute read

New York Law Journal

529 Accounts Are Not Your Divorce Piggybank

“Unilaterally withdrawing funds from 529 accounts to pay for non-education related expenses while a divorce action is pending is a risk not worth taking.”
5 minute read

Connecticut Law Tribune

Lawyer's Retirement Benefits Excluded From Marital Property

The case divided the high court.
5 minute read

TRENDING STORIES

Law Pro Logo

Featured Firms

Law Offices of Gary Martin Hays & Associates, P.C.

(470) 294-1674

Law Offices of Mark E. Salomone

(857) 444-6468

Smith & Hassler

(713) 739-1250

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now

  • Technology to Make E-Discovery Smarter, Not Harder

    Brought to you by Nuix

    Download Now

  • Does Generative AI Have the Power to Transform Legal Services?

    Brought to you by HaystackID

    Download Now

  • How This Personal Injury Firm Reduced Client Intake Time by 80%

    Brought to you by PracticePanther

    Download Now