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Home2008May 2008 - Daniel Clement

Governor David Paterson must be a follower of this blog. I have written several times in the recent past about  decisions in which the courts have recognized the validity of same sex marriages performed in other jurisdictions. Now, the Governor has issued an directive requiring all New York State agencies to offer gay couples, wed...

Equitably distributing pensions and retirement plans have become more expensive. According to the Divorce Law Journal, Fidelity and Charles Shwab are now imposing fees to process Qualified Domestic Relations Orders (“QDRO”). A QDRO is a court order that recognizes the right of the ex – spouse to receive all or part of a pension plan...

As reported on Law.com, a Brooklyn judge refused to recognize the validity of a divorce granted by an Israeli court. The Israeli divorce was based upon a “get,” a religious decree of divorce granted by a rabbi. The Court found that allowing a get to serve as the basis of a valid divorce would provide...

A study published in Ambulatory Pediatrics warns that young children, who are separated from their parents, are at increased risk for learning difficulties and may require special education. Separation of parents and children is one of the unfortunate consequences of divorce. It is disturbing to learn that divorce may be a cause of learning disabilities....

I am a firm believer that children should be able to enjoy a relationship with both parents. But, every once in awhile there is a case that leads me to believe that some children should never be allowed to be near their parents in an unsupervised setting. This story, which appeared in the New York...

Mildred Loving,, who successfully challenged Virginia’s law that barred inter-racial marriage died this week. In the landmark case Loving v. Virginia, the United States Supreme Court unanimously struck down Virginia’s miscegenation law as it violated the equal protection clause of the Constitution. Mrs. Loving’s obituary in the New York Times presents a haunting account of...

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