New York Law Journal | Analysis
By Elisa Reiter and Daniel Pollack | June 6, 2023
Family law cases are difficult, inducing a variety of emotions. As a case progresses, each party may feel stress, trauma, and threat. Understanding polyvagal theory can help move clients through trying situations.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | May 31, 2023
A look at forensic psychiatric examinations in the context of contested custody matters. The article discusses a recent decision by an appellate court in New York, which held that a trial court did not commit an error by not mandating a forensic psychiatric examination of the parents because no proof was put forth that the mother had a mental illness. The author also focuses on whether or not mental illness of a parent should be a prerequisite to a forensic psychiatric examination, and how (if it all) that impacts the due process rights of a litigant in a custody case vs. whether or not such a requirement offers a valuable gatekeeping function.
New York Law Journal | Commentary|Expert Opinion
By Toby Kleinman | May 22, 2023
Where there is domestic violence or allegations of child abuse this broad statutory power by the court may be problematic and revisions may need to be considered by the legislature, limiting a judge's discretion.
By Alyssa Rower | May 17, 2023
There's a myth surrounding prenuptial agreements: after entering a prenuptial agreement, couples can rest assured that should they one day divorce, the process will be simple, neat, and painless. This is one of the most common misconceptions about prenups. This article offers the smart approach to crafting a prenup.
By Brian Lee | May 12, 2023
Loose parameters have prompted some attorneys to break from what appears to be a growing consensus in support of the bill.
New York Law Journal | Analysis
By Alan Feigenbaum | May 8, 2023
There is potentially enormous value in establishing a Teflon-like immunity to the understandable boredom that can come with reviewing boilerplate legal language in matrimonial agreements. However, a recent decision of the Surrogate's Court, Kings County, presents an excellent example of how boilerplate legal language can, in some instances, prove more important than the substantive provisions themselves.
New York Law Journal | Analysis
By Joel R. Brandes | May 5, 2023
Taking an appeal in an e-filed case can be daunting because of the maze of court rules that must be navigated to successfully take an appeal.
By ALM Staff | May 3, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | April 27, 2023
Obtaining a domestic violence restraining order may require only the testimony of a single incident, but the history of the relationship is imperative and provides context, write contributors Toby Kleinman and Daniel Pollack.
New York Law Journal | Commentary
By Erik Kristensen | April 18, 2023
New York provides some of the most comprehensive protections for transgender individuals in the nation, which it looks to continue expanding. It is, therefore, unexpectedly disturbing to witness the reluctance of the state Legislature to provide effective protection for transgender youth threatened and harmed by the tsunami of anti-transgender legislation being enacted in many states.
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