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Home2007January 2007 - Daniel Clement

There is probably no easy or correct way to tell your children that you and your spouse are separating or divorcing.  It would be an understatement to say that divorce will have a devastating impact on their emotional and psychological well-being.   But, how parents inform their children and negotiate future parenting responsibilities affect how children...

             Leaving New York, as perhaps the only state not to have  a “No fault” grounds for divorce, New Jersey adopted irreconcilable differences as a grounds for divorce.   As reported in the New Jersey Law Blog: To the relief of many and the consternation of a few, New Jersey law now includes “irreconcilable differences”...

Awhile back, I posted a humorous  piece about a couple fighting for possession of a house as part of a divorce.  But proving the adage that the truth is stranger than fiction, I found this article in Newsday: Like two Cold War adversaries, Chana and Simon Taub are separated by a wall built down the...

Much ado has been made of  Jason Kidd’s allegations of domestic violence against his wife. Notwithstanding the celebrity factor, much of outcry is a product of the sexist preconception that there is no way a woman can abuse a man.  Moreover, how can a star athlete be a victim of domestic violence? Any matrimonial attorney knows...

CNN.com offers a great primer on the pros and cons of negotiating a pre-nuptial agreements.  The pre-nup could prevent litigation in the event the marriage ends in divorce.  On the other hand, a difficult negotiation may end the relationship before a marriage takes place. I have excerpted the article here: Pre-nuptial agreements, are no longer...

While the marriage between a same sex couple was declared void, their separation agreement, which resolved all of their property and financial disputes, was declared valid  by Justice Phyllis Gangel-Jacob in Gonzalez v. Green.   Although the parties were “married” pursuant to a Massachusetts law that permits same sex unions, their marriage was void since such marriages...

Continuing with a trend to penalize parents who interfere with visitation, the Appellate Division, Second Department in Adams v. Perryman, modified a joint custody agreement and granted a father sole custody of their children because the mother thwarted the father’s efforts to have meaningful visitation. While the Court’s decision does not detail exactly what the...

The Wall Street Journal ran an article today in which a couple, in the absence of lawyers, easily divided their assets on the way to an easy and amicable divorce. This scenario, I am afraid, has limited applicability. The article details the divorce of Tim and Edra Blixseth, who were married for twenty five years and,...

Forbes ran an insightful article which surveys the  various means each state uses of distribute property in the event of divorce. As the article points out, New York is an equitable distribution state, the means all marital property is equitably distributed at the time of divorce.  Equitable does not mean equal.  The distribution is based...

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