In a rare decision, a Nassau County judge challenged the state legislature to pass a bill adopting no-fault divorce. Justice Robert Ross in Molinari v. Molinari stayed rendering judgment in the parties’ fault trial until the New York State legislature considers the issue of no fault divorce. The decision highlights the fact that New York…
Read more
Non Biological Father Liable for Child Support
Robert Ambrogi in his Law.com Network Blog details the case of a man who learned during his divorce, that he was not the father of a child born during the marriage. Notwithstanding the fact that he was not the child’s biological father, he was ordered to pay child support. . . . .through a…
Read more
No-Fault Divorce Benefits Marriage
In a fascinating article published in the New York Times, Tyler Cowen, a professor of economics at George Mason University and co-author of a blog, the Marginal Revolution, explores the benefits of what he terms, unilateral divorce. His conclusion, unilateral or no-fault divorce leads to happier but perhaps, less committed marriages. In the United States, the…
Read more
Disputed Real Estate in Divorce: How Is It Valued?
The martial home is often the most valuable asset to be dealt with in a divorce. Generally, one of three things can happen to the martial home as part of the divorce: it is sold on the open market, one of the spouses buys out the other spouse’s interest, or one spouse is allowed to…
Read more
Father Abandons Family, Fails to Pay Child Support and Loses Title to Marital Residence
In a case where a husband abandoned his wife and children and failed for nine years to pay any child support, a Court ruled it was appropriate to set off the husband’s unpaid child support obligation against his interest in marital property. Since the husband failed to pay child support for nine years, his interest…
Read more
How to Prepare for Divorce- A Primer
Michael Sherman in The Alabama Family Law Blog started an excellent series of articles (seven so far) on preparing for divorce. Preparation is essential. Since one of the primary purposes of divorce is to divide the marital assets, you should be knowledgeable about your and your spouse’s income, assets and debts. If you are in the…
Read more
The Long Term Health and Financial Consequences of Divorce
Health News Digest reports that there may be health and financial costs to divorce that do not reveal themselves until long after the divorce is complete. It is widely known that because of the economies of scale, many families going through a divorce and those with children, in particular, will face some diminution in their…
Read more