By Jennifer Haythorn, Lydia Fabbro Keephart and Kalman A. Barson | July 31, 2017
"Value to the holder" is an ill-conceived, unworkable solution waiting to find the appropriate problem. And, that "problem" depends very much on which side you are on.
By Kelly Frawley and Emily Pollock | July 31, 2017
Kelly Frawley and Emily Pollock of Kasowitz Benson Torres write: With the multiple devices used by families, from smartphones to laptops to tablets, as well as the many storage options available for the information transmitted through and accessed by those devices, managing issues relating to electronically stored information is an important part of family law practice.
By newyorklawjournal | New York Law Journal | July 31, 2017
In this Special Report: "Social Media in Divorce and Family Law: A Trap for the Unwary," "The Time Has Arrived for Covering Genetic Materials in Prenups," "The Separate Property Credit in Divorce Actions," "Parental Alienation During and After Divorce" and "Accessing and Using a Spouse's ESI in a Divorce."
By Michael Stutman | July 31, 2017
Michael Stutman of Stutman Stutman & Lichtenstein writes: The time is right for family law practitioners to consider incorporating decision-making matrixes in prenuptial agreements that can be drafted by experienced counsel. A collaborative effort on behalf of practitioners in the various areas that impact these decisions would certainly be a project that would benefit many.
By Arlene G. Dubin and Rebecca A. Provder | July 31, 2017
Arlene G. Dubin and Rebecca A. Provder of Moses & Singer write: Divorces between parties come to an end. Parental alienation, however, may leave a lasting rupture in families. Matrimonial lawyers and mental health professionals can help play a key role in modulating the harmful effect of this phenomenon.
By Harriet Newman Cohen and Amanda Laird Creegan | July 31, 2017
Harriet Newman Cohen and Amanda Laird Creegan of Cohen Rabin Stine Schumann write: Along with the blessings of the Internet have come the pitfalls. Private lives have been exposed and damaged. Persons have been subjected to cyberbullying. As matrimonial attorneys, we need not only to be aware of the joys, but also of the pitfalls of social media.
By Elliot J. Wiener | July 31, 2017
Elliot J. Wiener of Phillips Nizer writes: Rules that grant discretionary authority to the court promote flexibility at the price of uncertainty and expense. The history of the separate property credit provides a vivid example of this dilemma, offering shifting and uncertain rules that make counseling a client difficult and costly.
By newyorklawjournal | New York Law Journal | July 28, 2017
Rejection of Motion to Vacate Voluntary Dismissal in Inheritance Case is Explained
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding donative intent when husband and wife refinanced the residence they bought before marriage and the new deed changed their ownership from joint tenants with the right of survivorship to a tenancy by the entireties because the evidence showed that the new deed was executed because wife's name changed and the bank required it, the parties never discussed whether there was a gift or not and the parties continued to split all the expenses fifty-fifty. Order vacated.
By Carley Meiners | The Legal Intelligencer | July 28, 2017
The trial court erred in denying a petition to terminate mother and father's parental rights to two special needs children based on a "reasonable probability" that the causes and conditions which led to placement could be remedied. The court reversed and remanded for further proceedings.
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