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Home2010October 2010 - Daniel Clement

In almost every case involving children, one parent says, “I want joint custody.”  When asked what they mean by joint custody, a puzzled look comes across the client’s face as they seek to avoid directly answering the question.  So, what exactly is joint custody? Custody can easily be broken into two components:  physical custody, and...

Contemplating divorce or already engaged in one?  No matter where you are in the process, five common sense rules apply to all family law cases: Don’t underestimate the fury of a scorned spouse. “Heaven has no rage like love to hatred turned.  Nor hell a fury like a woman scorned.”   Anger, jealously and feelings of...

The new temporary maintenance law became effective in New York on October 12, 2010.   The new law provides a fixed formula for awarding temporary maintenance (in New York alimony is termed “maintenance”).     The formula provides that temporary maintenance should be the lesser of: 1)  Thirty percent of the higher-earning spouse’s income, minus 20 percent of...

This is an historic week in divorce law in New York.  The recently enacted no fault divorce law becomes effective October 12, 2010.    In addition to no fault divorce, three other divorce laws become effective this week including: 1.   a new procedures for setting awards of temporary maintenance while a divorce is pending; 2.  a procedure...

Blog posts, Facebook , Twitter and You tube videos all have the potential to be useful in a contested divorce action. Imagine the effect of a posting made by husband showing him polishing his brand new luxury car while claiming to be unable to pay child support.  What conclusions could be drawn when the loyal...

Consistent with the rise in pre-nuptial agreements with the economy faltering, the marriage rate is down. The New York Times is reporting that:   A long-term decline in marriage accelerated during the severe recession, according to new data from the Census Bureau, with more couples postponing marriage and often choosing to cohabit without tying the knot. According...

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