By Colleen Murphy | August 24, 2023
"No party argues that the agreement is not a valid contract," stated Justice William G. Montgomery, in his written opinion for the court. "But the contract is between husband and wife as a couple and the settling defendants in a personal injury lawsuit. Nowhere does the agreement state that husband and wife have agreed to distribute their property between each other in a particular way."
6 minute read
By Emily Saul | August 21, 2023
New York City Family Court support magistrates oversee matters including initial formal hearings for support and paternity proceedings. The deadline for applications is Aug. 29.
1 minute read
By Bari Weinberger | August 18, 2023
As a frequent, but often "under the radar" form of domestic abuse, coercive control is behavior in which one spouse obstructs the other spouse's personal liberties through tactics that exert power and manipulative control over the victim and ultimately undermine their autonomy and independence.
8 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey Siegel | August 16, 2023
What backup systems do you have in place to not only maintain records, but to prevent the destruction of records?
12 minute read
By Erika R. Piccirillo | August 16, 2023
For children of divorce with developmental delays who may require intervention, co-parents' inability to agree on whether intervention is necessary exacerbates the delay in treatment as they find themselves at a standstill in a court system plagued by judicial vacancies.
9 minute read
By Emily Cousins | August 15, 2023
The high court determined that because the transcripts were "sealed by another trial court in a separate proceeding involving different parties. The plaintiff's action is, therefore, a collateral attack on a sealing order imposed by a different court in a different action, which is not permissible."
3 minute read
By Alton L. Abramowitz | August 14, 2023
The case law surrounding the interpretation and enforcement of prenuptial agreements has become more profound and robust as time has worn on, making it interesting to and essential for family, estate and divorce law practitioners to review recent judicial precedents on a regular, periodic basis to look for guidance in assisting their clients seeking to engage in the private ordering of their new family's financial affairs as they enter into a marriage.
11 minute read
By Michael E. Bertin | August 14, 2023
In discussing Gruber, the Superior Court, in Carrero, stated: "the idea was, if the relocation benefited the relocating custodial parent, then the parent's benefit would automatically 'flow to the children.'" There was also a line of cases that did not subscribe to the "trickle down" "flow to the children" theory, but the majority of the relocation cases that existed post-Gruber subscribed to the "trickle down" "flow to the children" theory.
6 minute read
By Law Journal Editorial Board | August 13, 2023
Under the new law, victims who are stalked by strangers or trollers on the Internet can now get a protective order.
2 minute read
By Joel R. Brandes | August 11, 2023
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.
12 minute read
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