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New York Law Journal

Family Court Appeals—Traps and Tips

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.
19 minute read

New York Law Journal

Adultery, Fault Divorce, and Morals: A Complex Cocktail

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.
6 minute read

New York Law Journal

Decision of the Day: Actor Allowed to Relocate Child to LA from Brooklyn Despite Father's Objections

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read

New York Law Journal

Reconsidering the Pre-Nup

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.
9 minute read

Daily Business Review

Sharing Pawsitive Pet Custody After Divorce

Pets are cherished family members too, so when a couple decides to part ways, pet custody can be just as tricky as any other aspect of separation.
4 minute read

The Legal Intelligencer

Flexing the Muscles of the Court—Constructive Trust for Undisclosed Assets

One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident, one cannot knowingly give up a right to an asset or income if they are not aware of its existence.
5 minute read

New York Law Journal

The Family Court is Just Another Court—Or is It?

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.
6 minute read

Daily Business Review

Kinship Rule Is Found to Be an Invalid Exercise of Delegated Legislative Authority

At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
9 minute read

New York Law Journal

Stepchildren as Eyewitnesses of Domestic Abuse

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?
9 minute read

New York Law Journal

Abolishing the 'Crime' of Adultery: Should Related Civil Fault Statutes Also Be Discarded?

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.
12 minute read

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