July 31, 2024 | New York Law Journal
In Limine Motions: What Are They and How Do They Affect Divorce?"A motion in limine is an advisory nonbinding ruling as to the exclusion of certain evidence which is not appealable," writes Joel R. Brandes.
By Joel R. Brandes
11 minute read
July 10, 2024 | New York Law Journal
Title, Conclusion of Recent Matrimonial Law Column MisleadingIn this letter to the editor, Joel R. Brandes seeks to correct the misleading title of and conclusion reached in a recently published matrimonial column.
By Joel R. Brandes
8 minute read
June 14, 2024 | New York Law Journal
Service of Process by EmailService of process by email under CPLR 308(5) may comport with the Due Process Clause if it provides notice reasonably calculated, under all the circumstances, to apprise the defendant of the pendency of the action and allow her to present her objections.
By Joel R. Brandes
15 minute read
May 16, 2024 | New York Law Journal
Repealing Fault Grounds for Divorce Would Have Little Effect on NY Matrimonial LawJoel R. Brandes responds to two recent columns that discuss repealing the fault grounds for divorce, arguing that removing them would have little effect on the practice of matrimonial law in New York.
By Joel R. Brandes
11 minute read
May 03, 2024 | New York Law Journal
Punishment for Civil ContemptIn 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.
By Joel R. Brandes
19 minute read
April 17, 2024 | New York Law Journal
Matrimonial Attorney Confuses Annulment With Declaration of Nullity of Void MarriageJoel R. Brandes responds to Michael Liptrot's article, "Differences Between Annulment and Divorce", which the New York Law Journal published on April 8.
By Joel R. Brandes
3 minute read
March 22, 2024 | New York Law Journal
Recusal in Matrimonial and Family Court ActionsOne of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
By Joel R. Brandes
15 minute read
February 22, 2024 | New York Law Journal
Enforcement of Religious Marriage ContractsNew York courts have reluctantly passed upon the enforcement of religious marriage contracts. The restrictions of the First Amendment constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment. The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that are discussed in this article.
By Joel R. Brandes
18 minute read
January 19, 2024 | New York Law Journal
The Parenting CoordinatorIn a contested custody case, a court may appoint a mental health professional to conduct a forensic evaluation and testify as an expert to assist the court in making such determinations. Occasionally, courts have appointed mental health professionals as parenting coordinators to assist them in complying with their parenting plan.
By Joel R. Brandes
13 minute read
November 17, 2023 | New York Law Journal
The Respect for Marriage ActIn 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.
By Joel R. Brandes
10 minute read
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