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Home2006July 2006 - Daniel Clement

You have been served with a summons in connection with a divorce action -what do you do? You must immediately decide whether you will be contesting the divorce. In doing so, you will have to determine whether the marriage is dead, whether the marriage is salvageable and to attempt reconciliation or whether you will need...

Clients view retaining attorneys as a necessary evil. They know they should retain one, but they hate to pay fees. Most matrimonial and family law attorneys are retained on an hourly basis, meaning they bill at a set rate on a time basis. Waste or squander your attorney’s time, and you waste your money. A client, looking...

It took only a week for the  reverberations to begin  from last week’s affirmance by the Court of Appeals of New York’s ban on same sex marriages. Last week, in the case Funderburke v. New York State Department of Civil Service, a Nassau County judge granted the State summary judgment, dismissing the case of a former...

In an aptly titled article Real Estate and Rubble: When Marriages Go Awry , the New York  Times  stated: “. . .[I]n New York, lawyers say, while blowing up a building is extreme, vindictiveness is not unusual. Divorce lawyers said they had seen pets killed and wives given theater tickets so their husbands could put their possessions...

Both New York tabloids picked up this weekend on a widely reported case involving a broken engagement and the return of an engagement ring. (Finance Hits Rock Bottom and Fiance is “Gift” Rapped.)  For purposes of complete disclosure, I represented the husband-to-be In this case, the husband-to-be sought to recover a large diamond engagement ring given to...

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