Family Law

  • New York Law Journal | Analysis

    Considerations for the Gray Divorce

    By Alton L. Abramowitz | August 16, 2021

    It's never too early to start planning for retirement. However, most couples generally do not plan for divorce during or as they approach their later years in life. In his Divorce Law column, Alton Abramowitz discusses what makes the job of the attorney for older matrimonial clients different than when representing clients "in the prime of their lives."

  • New York Law Journal | Analysis

    CPLR 2104 vs. DRL §236B(3): A 37-Year Departmental Procedural Rift, Part II

    By Elliott Scheinberg | August 4, 2021

    Part I of this three-part column reviewed a recent decision in an old departmental schism as to whether the time-honored method for settling cases by way of on-the-record-open-court agreements supersedes the three procedural requirements in Domestic Relations Law §236B(3) to create enforceable marital agreements. Part II studies the history of the departmental rift and examines the dissent in that recent decision.

  • New York Law Journal

    Bar Groups Sue Over Stagnant Pay for Assigned Counsel

    By Andrew Denney | July 26, 2021

    Bar groups allege that failing to provide assigned counsel with better pay is forcing attorneys to leave 18-B panels, potentially depriving indigent defendants and children of adequate legal representation.

  • New York Law Journal | Analysis

    The Ties That Might Not Bind: Oral Agreements With Your Spouse

    By Alan Feigenbaum | July 26, 2021

    A recent Second Department decision is further proof that courts will, if necessary, take the deep dive into how a married couple conducted themselves—even in social situations—to evaluate the appropriate manner in which to distribute marital property equitably.

  • New York Law Journal

    Matrimonial Law

    By Angela Turturro | July 26, 2021

    In this Special Report: "Significant Questions Remain After TCJA Changes," "Navigating the Unwritten Rules of Same-Sex Divorce," "Ameliorative Measures Gut the Grave Risk Exception Under the Hague Convention," "Matrimonial and Tort Law: A Collaboration To Compensate the Victim?" and "Substituting Judgment: Beware, Attorney for the Child."

  • New York Law Journal

    Significant Questions Remain After TCJA Changes

    By Laurie J. McPherson and Deepti Shenoy | July 23, 2021

    Two years have passed since the changes to the alimony regime introduced by the TCJA went into effect. These changes have raised significant questions for practitioners and litigants in New York wrestling with issues relating to maintenance (alimony) arrangements in a post-TCJA world.

  • New York Law Journal

    Ameliorative Measures Gut the Grave Risk Exception Under the Hague Convention

    By Valentina Shaknes and Justine Stringer | July 23, 2021

    'Ameliorative measures' do not protect children facing 'grave risk of harm' upon return to home country under the Hague Convention and consideration of such measures should be eliminated by the U.S. Supreme Court.

  • New York Law Journal

    Matrimonial and Tort Law: A Collaboration To Compensate the Victim?

    By Lisa Zeiderman and Russell Yankwitt | July 23, 2021

    Can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip?

  • New York Law Journal

    Substituting Judgment: Beware, Attorney for the Child

    By Harriet Newman Cohen and Ankit Kapoor | July 23, 2021

    What happens when the AFC believes that the child's wishes are contrary to the child's best interests and finds himself/herself at a crossroads with the child? The AFC must then decide whether it is permissible to use substituted judgment.

  • New York Law Journal

    Navigating the Unwritten Rules of Same-Sex Divorce

    By Nancy Chemtob and James D'Elicio | July 23, 2021

    Where a couple began their relationship prior to the legalization of same-sex marriage in New York state, should that pre-martial relationship carry more weight in the determination of certain financial issues, namely the equitable distribution of marital assets and the determination of the amount and duration of spousal maintenance?

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