Joel R. Brandes

November 22, 2024 | New York Law Journal

This article discusses ex parte orders by the Appellate Divison. "An ex parte motion is 'made' when the proposed order to show cause or proposed order, which is submitted with an affidavit in support of the motion, is signed by the court."

By Joel R. Brandes

16 minute read

October 15, 2024 | New York Law Journal

"The court held that although the express wishes of children are not controlling, they are entitled to great weight," writes Joel R. Brandes.

By Joel R. Brandes

12 minute read

September 13, 2024 | New York Law Journal

"While the preference of a child of sufficient age and understanding is a factor in any custody determination, it alone is not controlling," writes Joel R. Brandes.

By Joel R. Brandes

11 minute read

September 04, 2024 | New York Law Journal

"In situations of negligent destruction of evidence, the court must consider the prejudice resulting from spoliation in determining what type of sanctions are warranted," writes Joel R. Brandes.

By Joel R. Brandes

13 minute read

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