Joel R. Brandes

December 10, 2019 | New York Law Journal

Any person who has difficulty with communication, due to language differences or a disability, is entitled to testify with the aid of an interpreter or facilitator where the court finds that certain criteria are met.

By Joel R. Brandes

12 minute read

November 07, 2019 | New York Law Journal

This article discusses the standards of review applied by the Appellate Division in appeals from matrimonial judgments and orders.

By Joel R. Brandes

10 minute read

October 18, 2019 | New York Law Journal

There is a substantial difference between fundamental error and harmless error. An attorney considering an appeal must consider this distinction when advising a client whether or not to take an appeal from an adverse order or judgment.

By Joel R. Brandes 

10 minute read

September 19, 2019 | New York Law Journal

In 'Brackeen v. Bernhardt', decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children.

By Joel R. Brandes

10 minute read

August 21, 2019 | New York Law Journal

The terms “transmutation” and “commingling” are frequently referred to with regard to marital property and separate property determinations in a matrimonial action. They are often used together in the same sentence, which can be confusing. Yet, there is a distinct difference between the two terms.

By Joel R. Brandes

10 minute read

July 26, 2019 | New York Law Journal

When inchoate rights become actual ownership interests by virtue of equitable distribution judgments, they are susceptible to even greater protection because their enhancement status eliminates some of the inhibitions inherent in the exercise of injunctive power prior to distribution.

By Joel R. Brandes

11 minute read

July 17, 2019 | New York Law Journal

A counsel fee, maintenance, child support, and distributive award cannot be enforced by the docketing of a money judgment pursuant to CPLR 2222, nor may a court direct that judgment for arrears be entered upon submission of an affirmation.

By Joel R. Brandes

10 minute read

July 08, 2019 | New York Law Journal

Does the child have standing to ask for affirmative relief awarding custody to a particular parent? Does the child have full-party status? The paucity of case law reveals disagreement among the Appellate Division Departments.

By Joel R. Brandes

11 minute read

June 13, 2019 | New York Law Journal

Is the less monied spouse the spouse who earns less or the spouse with less assets? Does the shift in financial resources that results from a child support award rebut the presumption that the spouse with a greater income is the ”monied” spouse? Is the less monied spouse the one whose historical earnings are less, or the one whose future earning capacity is less?

By Joel R. Brandes

10 minute read

May 16, 2019 | New York Law Journal

In exercising its discretion on an application for a counsel fee award the court may consider the merits of the case and a spouse's conduct in the litigation. There are many different types of conduct that fit in this category which courts have considered in determining such applications.

By Joel R. Brandes

10 minute read