Yearly Archives: 2011

New York Family Courts Open to the Public

Recently, I wrote about the lack of openness in New York’s Family Courts; causal observers were barred from the courtrooms which were only accessible to the litigants and their attorneys. The Office of Court Administration just issued a set of  Guidelines for Family Court judges to ensure open access to the courts by the public…
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Four Tips To Protect Same-Sex Married Couples in New York

Though New York now recognizes same sex marriage, most states and the federal government do not.   While a valid marriage confers a number of legal rights upon a lawfully wed couple, if the parties find themselves in a jurisdiction that does not recognize same sex marriage, they may not be accorded the rights accorded a…
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New York’s Family Court: A Conflict Between Privacy and Transparency

The courtrooms of New York’s Family Court are supposed to be open to the public, but, in practice they are not.   William Glaberson recently reported in The New York Times that the courtrooms are often off limits to all but the litigants and their attorneys. The Florida Divorce Blog commenting on the Time’s article, enumerated…
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5 Tips About How to Find and Hire a Divorce Attorney

Because the client so relies on the experience, knowledge and counsel of his or her divorce attorney, the selection of an attorney can be one of most important decisions the client makes in the initial part of the case. In a previous post, I wrote that a client should seek an attorney who is practical,…
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New York No Fault Divorce- No Trial

Another New York court has ruled that New York's no-fault divorce statute does not provide a defendant with a right to trial.  In doing so, the court ruled that a party is not entitled to challenge the other spouse's allegation that the marriage has irretrievably broken down. This decision is consistent with a decision from…
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Divorce and the Costs of College: Applying a SUNY Cap

The college application process can be an extremely stressful experience in a young person's life; adding to the child’s stress about deciding where to apply and which school to attend is the child's awareness that his or her choice of a college will provide yet another opportunity for parental conflict over who is going to…
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Divorce and the Marital Residence: Should I Sell or Stay?

“Be careful what you wish for, you may get it.”  This adage is particularly true when one spouse seeks the marital home during a divorce. While the marital home may be the single most valuable asset of the marriage, it is also associated with debt, maintenance and other carrying costs; without sufficient income, the costs…
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The Cure For the High Rate of Divorce: Marriages With Expiration Dates

With a divorce rate hovering around fifty percent, society has long sought way to end the scourge of divorce.  Legislators in Mexico may have come up with a possible solution, “temporary marriages licenses.” As reported in the Bitter Lawyer: Under a proposed “marital opt-out agreement,” couples will determine the time limit of their union, with…
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No Fault Divorce: Complete Lunacy or Totally Rational?

In No Fault Nuttiness: Why Modern Divorce is Lunacy, Beverly Willett wrote a scathing criticism of no-fault divorce.    Central to Ms. Willett criticism is her misplaced belief that divorce is about “innocence” “wrongdoers” and efforts to “receive compensation for your loss.”  Divorce is about none of those. Divorce is simply the process of unraveling the marital…
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