By Joel R. Brandes | May 3, 2024
In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.
19 minute read
By Cynthia Feathers | May 3, 2024
A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.
19 minute read
By Alan Feigenbaum | May 1, 2024
If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
6 minute read
By ALM Staff | April 30, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By David I. Faust | April 30, 2024
Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.
9 minute read
By Rebecca L. Palmer | April 29, 2024
Pets are cherished family members too, so when a couple decides to part ways, pet custody can be just as tricky as any other aspect of separation.
4 minute read
By Julie A. Auerbach | April 26, 2024
One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident, one cannot knowingly give up a right to an asset or income if they are not aware of its existence.
5 minute read
By Merril Sobie | April 26, 2024
To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
6 minute read
By Elisa Reiter and Daniel Pollack | April 25, 2024
At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
9 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 25, 2024
According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
9 minute read
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