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.
New York Law Journal | Letter to the Editor
By Elliott Scheinberg | April 9, 2024
Elliot Scheinberg responds to the recent article "Differences Between Annulment and Divorce," where author Michael Liptrot advances "an anachronistic contention regarding the method of property distribution following the dissolution of a marriage."
New York Law Journal | Letter to the Editor
By Lee Rosenberg | April 9, 2024
Lee Rosenberg responds to Michael Liptrot's article, "Differences Between Annulment and Divorce," which the New York Law Journal published on April 8.
By Michael Liptrot | April 8, 2024
While both routes lead to the dissolution of a marital union, divorce and annulment have markedly distinct legal requirements and legal consequences. If you are seriously considering either an annulment or a divorce, understanding the differences is essential.
New York Law Journal | Expert Opinion
By Alan Feigenbaum | March 29, 2024
Alan Feigenbaum discusses the recent decision in J.H. v. C.H. He writes: "I couldn't help but smile in complete satisfaction from start to finish, because in this case, a divorce court did what we, as matrimonial lawyers, can only hope for: it prioritized the best interests of a family."
New York Law Journal | Analysis
By Joel R. Brandes | March 22, 2024
One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge assigned to a case of hers and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal.
New York Law Journal | Analysis
By Amy Carron Day | March 15, 2024
Is there a "nice way" to go about negotiating and signing a prenuptial agreement? After over 30 years of practice as a family and divorce mediator and collaborative divorce attorney, Amy Carron Day can tell you that yes, it is possible.
By Louisa DeRose and Sarah Hechtman | March 12, 2024
The fundamental goal of mediation is to allow parties to maintain autonomy over the decisions that will govern their family. The reviewing attorney not only helps his or her client to make knowing decisions, but also aids the mediator by more fully exploring issues which the mediator, as a neutral, may feel constrained to avoid.
New York Law Journal | Analysis
By Timothy M. Tippins | March 6, 2024
In his Matrimonial Practice column, Timothy M. Tippins discusses a recent ex cathedra assault on due process that should evoke concern, if not outrage, from the entire profession.
By Alan Feigenbaum | March 5, 2024
A look at how prenuptial agreements are being interpreted and enforced by the courts in an effort to see why divorce lawyers often see these agreements as "uniquely complex legal instruments that are fraught with the potential for peril."
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