The sale of a home is always a tension inducing experience. If the transaction is incident to a divorce, the tension increases exponentially. Disagreements can arise over a multitude of issues, including the selection of a broker, setting and negotiating the sale price, apportioning responsibility and the costs of preparing the property for sale and,...
Settlement AgreementsNew York Divorce Settlement May Be Set Aside- Mutual Mistake that Money “Invested” With Madoff
January 7, 2011
I previously wrote about a lawyer who was attempting to re-open his divorce settlement because, he claimed, there was a mutual mistake – he retained money invested with Madoff in lieu of other assets retained by his wife. Of course, the assets invested with Madoff proved to be worthless. At that time, I opined (and...
DivorceSeparation AgreementsSettlement AgreementsEliminating the Risks of Separation for the “Un-Divorced”
August 3, 2010
Pamela Paul, in her New York Times article, The Un-Divorced, discusses the trend of couples separating, but not divorcing. The primary reasons that parties remain married, but separated are the practical and financial, not familial. The effect of endless separations on the children rarely seems a priority. Perhaps the principle reason couples remain legally wed...
DivorceSeparation AgreementsSettlement AgreementsHealth Insurance: A Consideration in Divorce
August 14, 2008
The New York Times ran a front page story detailing how the availability of medical insurance has become a major consideration in the decision to divorce or to wed. In a poll conducted this spring by the Kaiser Family Foundation, a health policy research group, 7 percent of adults said someone in their household had...
AgreementsDomestic PartnershipPost Divorce IssuesSeparation AgreementsSettlement AgreementsSpousal MaintenanceDomestic Partnerships and the Continuation of Maintenance
August 1, 2007
Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to...
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