New York Law Journal | Analysis
By Dolores Gebhardt | July 29, 2019
In his insightful and thorough decisions in 'Newton v. McFarlane' and 'Matter of John', Justice Scheinkman signals a new and welcome direction in family law cases: precedent that will shape the law for years to come.
By Joel R. Brandes | July 26, 2019
When inchoate rights become actual ownership interests by virtue of equitable distribution judgments, they are susceptible to even greater protection because their enhancement status eliminates some of the inhibitions inherent in the exercise of injunctive power prior to distribution.
New York Law Journal | Analysis
By Harriet Newman Cohen and Tim James | July 26, 2019
Sometimes, the older client's question is posed in the starkest form: Am I better off getting a divorce or just waiting for my spouse to die? The smart lawyer's answer is “It depends on a lot of variables.”
By Leslie J. Wilsher | July 26, 2019
Not only is matrimonial mediation more efficient and less painful than battling over these issues in court, but sometimes something remarkable happens.
By Steven J. Mandel | July 26, 2019
“Prenups” are not able to solve every problem that arises in a divorce, even when the terms are clearly spelled out and agreed upon beforehand.
By Lisa Zeiderman | July 26, 2019
With the expectation that an AFC is to be working with the child client to zealously advocate the child's position, the balancing of the child's desires versus the child's best interest must be the focus.
By Stuart Gartner | July 26, 2019
The issue of termination of maintenance is a hot button item when negotiating a separation agreement or settlement stipulation.
New York Law Journal | Analysis
By Raymond Radigan and Jacob Gassner | July 26, 2019
Considering that living wills are acknowledged in every jurisdiction in the United States and that medical care providers are generally held to a strict duty to comply with their provisions, it seems contradictory that one's stated wishes may not always be followed. This article will provide an overview of the situations where one's living will may not serve its maker, while analyzing various relevant state laws.
By Jason Grant | July 19, 2019
The central issue is whether the interstate compact can apply its vetting system of approval for placement of often-neglected children to noncustodial parents living out of state—as opposed to only foster and adoptive parents.
New York Law Journal | Analysis
By Joel R. Brandes | July 17, 2019
A counsel fee, maintenance, child support, and distributive award cannot be enforced by the docketing of a money judgment pursuant to CPLR 2222, nor may a court direct that judgment for arrears be entered upon submission of an affirmation.
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