New York Law Journal | Analysis
By Laura E. Drager | May 21, 2021
Since so many divorce actions are resolved without litigation, can ADR methods be successfully employed in divorce actions after litigation commences? The answer is yes, but only if expectations are realistic and coupled with patience.
New York Law Journal | Analysis
By Alan R. Feigenbaum | May 19, 2021
The Second Department's recent decision in 'Rosen v. Rosen' is worth re-reading each and every time the matrimonial practitioner is tasked with drafting a prenuptial agreement that will invariably define the various connotations of what constitutes each party's "separate property."
New York Law Journal | Analysis
By Timothy M. Tippins | May 12, 2021
In a previous edition of his Matrimonial Practice column, Timothy M. Tippins called attention to the fact that the "willingness to foster" factor in custody litigation—the disposition of one parent to foster the relationship between the child and the other parent—was emerging as something of a super-factor, wielding a force capable of swamping an array of other variables that cut in the opposite direction. As Tippins discusses in today's column, a recent appellate decision seems to propel this factor to an apotheosis of power previously unimagined.
New York Law Journal | Analysis
By Joel R. Brandes | May 7, 2021
Divorce lawyers are frequently asked: What are my chances of winning an appeal? As Joel Brandes explores in this edition of his Law and the Family column, the answer is never simple.
The American Lawyer | Analysis
By Dan Packel | May 6, 2021
T&E practices have fallen out of favor in recent years, but the entrance of Paul Weiss and Munger Tolles in the Gates divorce case reveals the practice's business opportunities.
New York Law Journal | Analysis
By Renee R. Roth and William P. LaPiana | May 3, 2021
The pandemic has led many, including New York, temporarily to authorize both remote notarization and remote execution of documents requiring witnesses.
New York Law Journal | Analysis
By Sandra M. Radna | April 30, 2021
When couples decide to divorce, the first task is to separate their living spaces. For some, this means one partner fully moves out. But for others, especially those with children, this means establishing separate sleeping quarters—a "sleep divorce." This article discusses the issues that can arise when establishing the parameters of such an arrangement.
New York Law Journal | Analysis
By Lisa Zeiderman and Siobhan O'Grady | April 26, 2021
During the COVID-19 pandemic, many parents left New York state with their children and have not returned. While parents relocated with their children, we questioned whether New York courts would maintain jurisdiction to compel a parent to return a child after having resided outside the state for over six months.
New York Law Journal | News|Profile
By Jason Grant | April 20, 2021
"This young man, like many young men in Family Court, is beset with a series of personal issues. So for her to hurl epithets at him is almost like piling on to his problems," said Holden Thornhill, a Black man who's been practicing law in Family Court for 25 years, of his teenage client. Thornhill also reflected on the racism he's faced as a Black attorney.
By Jason Grant | April 16, 2021
"In line with the chief judge's zero-tolerance policy for any form of bias or discriminatory speech or actions, the New York City Family Court clerk overheard making racially demeaning comments at the conclusion of a proceeding, has been suspended," said Lucian Chalfen, OCA spokesman, in an email sent to the Law Journal late on Friday.
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