By Rebecca L. Palmer | January 31, 2025
After the holiday chaos settles, and as people embrace New Year’s resolutions, many couples start fresh—sometimes by ending their marriages. With Florida’s divorce rate ranking sixth in the United States, many Floridians will start the new year with this approach.
By Dylan Mitchell | January 30, 2025
“Despite the multitude of factors and considerations that comprise the best interests doctrine, the current (and, potentially, dangerous) matrimonial zeitgeist is to sometimes favor a ‘rule of thumb’ approach rather than a true best interests analysis.”
By Merril Sobie | January 29, 2025
For many reasons, family court cannot resolve most child protective and custody cases with any semblance of timeliness and hence justice, the author writes.
By Elisa Reiter and Daniel Pollack | January 24, 2025
Solid psychological research can help trial attorneys reveal how jurors’ values and attitudes may impact upon their perception about the evidence an attorney is planning on presenting. Naturally, the more persuasive the case narrative is, the more it will enhance the settlement stance.
By Sarah Hechtman and Annie Garvin | January 22, 2025
Historically, it has been well settled that courts could not direct the sale of a marital residence during the pendency of a divorce. However, as New York has moved to a no-fault divorce regime, courts have begun to question this approach and have instead ordered the sale of marital residences where an equitable outcome so requires.
By Joel R. Brandes | January 22, 2025
The author writes "There is no consensus in New York as to a precise definition of joint custody, and its meaning may lie in the eyes of the beholder. Theoretically, it involves two elements: (1) physical possession of the child, and (2) shared decision-making. Joint custody may take many forms."
By Emily Faye Robinson | January 21, 2025
Financial advisers note that female breadwinners face distinct challenges in protecting their assets during divorce. Many have built successful careers while maintaining primary responsibility for the household, leading to complex discussions about contributions to marital assets.
By Cynthia Feathers | January 17, 2025
In Part 2 of her two-part series, Cynthia Feathers of the Albany County Public Defender’s Office discusses neglect, stays, summary judgment and UCCJEA decisions as well as some unusual cases with surprising outcomes.
By Elisa Reiter and Daniel Pollack and Jeffrey Siegel | January 15, 2025
Nondisparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance the complex interplay between family law and Constitutional rights? What’s the difference between disparagement and complaining? What are the implications of these competing forces for divorcing couples in Texas and beyond?
By Cynthia Feathers | January 15, 2025
In Part I of her two-part article, Cynthia Feathers of the Albany County Public Defender’s Office discusses selected Appellate Division decisions rendered last year in Family Court cases. This part covers decisions about attorneys for children, bias, counsel for parents, defaults, and dissents. Part II will discuss neglect, stays, summary judgment and UCCJEA decisions as well as unusual cases with surprising outcomes.
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