New York Law Journal | Expert Opinion
By Cynthia Feathers | May 3, 2024
A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.
By Alan Feigenbaum | May 1, 2024
If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
By ALM Staff | April 30, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Expert Opinion
By David I. Faust | April 30, 2024
Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.
New York Law Journal | Expert Opinion
By Merril Sobie | April 26, 2024
To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
New York Law Journal | Analysis
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 25, 2024
According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
New York Law Journal | Analysis
By Alton L. Abramowitz and Leigh Baseheart Kahn | April 23, 2024
In 1907, the state of New York made it a crime to commit adultery. That Class B misdemeanor was carried over from prior law when the Penal Law was revised in 1965. Now, New York State Assembly Bill No. 4714 calls for the repeal of that provision.
New York Law Journal | Commentary
By Sondra Mendelson-Toscano | April 18, 2024
While she never considered family law to be a practicable option personally, Nassau County Support Magistrate Sondra Mendelson-Toscano unexpectedly found herself handling Family Court cases, saying "Since then, I have never practiced any other type of law because the experience changed me forever for the better. Working in Family Court is the best kept secret of the court system where jurists are able to make a positive difference every day."
New York Law Journal | Letter to the Editor
By Joel R. Brandes | April 17, 2024
Joel R. Brandes responds to Michael Liptrot's article, "Differences Between Annulment and Divorce", which the New York Law Journal published on April 8.
New York Law Journal | Expert Opinion
By Robert Z. Dobrish and Lee Rosenberg | April 15, 2024
Prior to the Child Support Standards Act, there was a wide disparity of child support awards due to a lack of clear standards and formulas. In 1995, the Court of Appeals stepped in to provid guidance, offering two ways to calculate an award: One is by setting a cap and the other is by demonstrating proven costs. Authors Robert Dobrish and Lee Rosenberg offer their thoughts on this hot-button issue of why judges seem to favor the cap method over the other.
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