Joel R Brandes

July 31, 2024 | New York Law Journal

"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

In 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 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

Joel 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

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.

By Joel R. Brandes

19 minute read

April 17, 2024 | New York Law Journal

Joel 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

One 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

New 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

In 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

In 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