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Home2010August 2010 - Daniel Clement

New York now has no-fault divorce. While signing the legislation into law,  the governor noted: Finally, New York has brought its divorce laws into the 21st century. . .  These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons — too...

One parent’s post divorce desire to relocate with children creates a practical and legal dilemma; if the non custodial parent has a close relationship with the children, and the children are permitted to relocate, their relationship will certainly suffer. The reasons for the move, which are generally described as benefiting the custodial parent and the...

As Above the Law points out,  it is ironic that on the day a federal judge in struck down California’s ban on same sex marriage, a New York appeals court ruled that a same-sex partner may be liable for child support. In the case H.M. v. E.T, the Court ruled that the when the  partner of...

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...

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