New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | June 22, 2022
Child safety must be addressed properly by the courts as required by the Constitution.
New York Law Journal | Analysis
By Elliott Scheinberg | June 22, 2022
New York includes adultery as a ground for divorce. Would an infidelity clause be enforceable under New York law? The analysis here establishes that an infidelity clause would not be enforceable pursuant to public policy under a variety of theories.
New York Law Journal | Analysis
By Joel R. Brandes | June 17, 2022
Since the enactment of the current law, which became effective in January 2016, there have been only nine reported appellate decisions involving post-divorce maintenance, and in only two of them has there been an upward adjustment of maintenance from the guideline obligation.
New York Law Journal | Analysis
By Alyssa Rower, Karina VanHouten and Leo Wiswall | June 9, 2022
Infidelity clauses, spurred on by popular articles and celebrity tabloids, have grown in popularity over recent years. Despite this increase in popularity, however, the legal enforceability of such clauses remains an unresolved question in most states. This begs the question: Are infidelity clauses advisable?
New York Law Journal | Analysis
By Alan Feigenbaum | June 7, 2022
While divorce lawyers should be zealous advocates for their clients, there's a clear line between zealous advocacy and destructive advocacy.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | June 3, 2022
This column addresses several decisions of interest recently handed down by the Surrogate's and Appellate Courts.
New York Law Journal | Commentary
By Toby Kleinman | May 20, 2022
Advocates for protective parents need to be prepared to actually litigate when it comes to child protection and to be knowledgeable as to how to deal with attacks on good parents.
New York Law Journal | Commentary
By Daniel Pollack and Julia Sands | May 19, 2022
From a legal perspective, how much is too much, such that it becomes abusive or might even be construed as forced labor?
By Brian Lee | May 12, 2022
Pointing to the murder of 20 children in New York by a parent during a child custody case, divorce or separation the last five years, Mudita Chawla, a partner with Chemtob Moss Forman & Beyda, said she believes "Kyra's Law" could protect families from additional tragedies.
New York Law Journal | Analysis
By Joel R. Brandes | May 10, 2022
New York courts have repeatedly recognized the effects of alienating behavior by a parent on children in custody and visitation determinations.
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