April 23, 2024 | New York Law Journal
Abolishing the 'Crime' of Adultery: Should Related Civil Fault Statutes Also Be Discarded?In 1907, the state of New York made it a crime to commit adultery. That Class B misdemeanor was carried over from prior law when the Penal Law was revised in 1965. Now, New York State Assembly Bill No. 4714 calls for the repeal of that provision.
By Alton L. Abramowitz and Leigh Baseheart Kahn
12 minute read
November 16, 2023 | New York Law Journal
Perspectives on Controversies and Some Cautionary Tales From the Intersecting Worlds of Divorce, Family Law and the NewsRecent 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.
By Alton L. Abramowitz and Leigh Baseheart Kahn
12 minute read
August 14, 2023 | New York Law Journal
Prenups: Recent Controversies Over Plans for PerpetuityThe 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.
By Alton L. Abramowitz
11 minute read
March 09, 2023 | New York Law Journal
Epilogue: Reaching the End of the Long and Winding Road in 'Golan v. Saada'On Aug. 31, 2022, U.S. District Court Judge Ann M. Donnelly of the Eastern District of New York issued her decision and order, which provides lawyers with the opportunity to review the end result of the case's protracted proceedings, something that is not always available in those state courts where lower court decisions are not regularly reported and published.
By Alton L. Abramowitz
10 minute read
October 14, 2022 | New York Law Journal
Commentary on Matrimonial Issue Was 'Unjustly' Critical of the Bar, Lawyers SayMr. Feigenbaum cannot claim ignorance of the work that has been and continues to be done in response to 'Dobbs'.
By Alton L. Abramowitz, Leigh Baseheart Kahn, Lee Rosenberg and Adam John Wolff
4 minute read
August 16, 2022 | New York Law Journal
'Prompt Return' Under the Hague Convention on International Child Abduction: The Long and Winding Road of 'Golan v. Saada'Justice Sotomayor, writing for an undivided court, in interpreting the Hague Convention on the Civil Aspects of International Child Abduction as implemented by the International Child Abduction Remedies Act, held that a court which finds the return of a child to its country of habitual residence would expose that child to "grave risk of harm" is not then required to examine all possible "ameliorative measures" prior to denying a parent's petition for return of that child to a foreign nation.
By Alton L. Abramowitz
8 minute read
February 08, 2022 | New York Law Journal
COVID-19: Protecting Children of Divorce in a Time of Pandemic SurgesIn this edition of his Divorce Law column, Alton L. Abramowitz discusses a few decisions that represent the proverbial "tip of the iceberg" with respect to the protection of children at a time imbued with periodic surges of COVID-19 and its multiple variants. They provide us with proof positive of the basic premise that courts are still concerning themselves with the centuries' old standard of determining what is in "the best interests of children," inclusive of vaccination requirements.
By Alton L. Abramowitz
9 minute read
November 12, 2021 | New York Law Journal
Living Allowances for Adult Children With Developmental DisabilitiesNew York Governor Kathy Hochul recently signed into law legislation that amends both the Domestic Relation Law and the Family Court Act by making the parents of adult children with "certain" developmental disabilities chargeable for the support of those children until the age of 26.
By Alton L. Abramowitz
7 minute read
August 16, 2021 | New York Law Journal
Considerations for the Gray DivorceIt's never too early to start planning for retirement. However, most couples generally do not plan for divorce during or as they approach their later years in life. In his Divorce Law column, Alton Abramowitz discusses what makes the job of the attorney for older matrimonial clients different than when representing clients "in the prime of their lives."
By Alton L. Abramowitz
8 minute read
February 09, 2021 | New York Law Journal
Parentage Problem Solving for Families in the Age of SurrogacyOn Feb. 15, 2021, New York's Child-Parent Security Act (CPSA) becomes fully effective, creating a process that legitimizes surrogacy and providing a new basis for determining the parentage of children born by means of assisted reproductive technology and/or surrogacy. Alton L. Abramowitz describes some of the new provisions in this edition of his Divorce Law column.
By Alton L. Abramowitz
7 minute read
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