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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

Law.com

Ohio Appellate Court: Embryos Aren't Marital Property Subject to Division in Divorce

The wife, also an attorney, argued that the trial court erred in applying a fertility clinic's declaration of intent contract without balancing the parties' interests when determining the proper disposition of the 14 frozen embryos.
6 minute read

Daily Business Review

Seeds of Change for Our Planet and Mental Health This Earth Day

Communal activities that focus on something beyond your problems can teach your children the importance of global awareness and giving back to your community no matter what you might be dealing with in your personal life. And there's no better day to refocus your energies on something positive than Earth Day.
5 minute read

New York Law Journal

Family Court Deliberations: Sometimes Your Career Chooses You

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."
7 minute read

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