Though same sex marriage is legal in New York, because of the Defense of Marriage Act (“DOMA”), the federal government will not recognize it. It is widely believed that the United States Supreme Court will hear arguments on the constitutionality of DOMA, but, unless and until DOMA is declared unconstitutional and same sex marriage is...
The Appellate Division has unanimously affirmed a trial court decision, which held that there is no right to litigate the allegation that a marriage has irretrievably broken down under New York’s no-fault divorce law. Under New York’s no fault divorce law, DRL 170(7), a divorce will be granted where: The relationship between husband and wife has...
One of the major reasons marriages fail is that the parties are unable to communicate. After the parties divorce, their ability to communicate generally does not improve, though, for divorcees who have children, continued communication is a necessity. As any divorced parent knows, on a weekly basis, parents have to be able to coordinate drop-...
Hurricane Sandy tragically reeked havoc on New York and New Jersey. The loss was catastrophic. Sadly, families lost their homes, all their possessions and their lives. The cost is immeasurable and cannot be calculated in dollars. Interestingly, the hurricanes effects will also impact New Yorker’s marriages and relationships. According to Karla Starr in her article...
The U.S. Court of Appeals for the Second Circuit affirmed a New York federal court’s decision, and struck down the Defense of Marriage Act (DOMA). DOMA is the federal law which defines marriage as between one man and one woman for federal purposes. In striking down the law, the Second Circuit applied a heightened scrutiny...
It will cost a middle income family about $234,900 to raise a child born in 2011 until the age of 17 according to The Report on Expenditures on Children by Families prepared by the United States Department of Agriculture. This expenditure represents the cost of food, clothing, shelter, and other necessities. The report recognizes that the...
A joint physical custody arrangement enables the children to spend time with both parents. This type of arrangement is generally in the best interests of the children, particularly when the parents are cooperative and willing to co-parent their children. Though a custodial time share may be a desired arrangement, it is not a solution that...
In cases where the divorcing parents are capable of co-parenting and live within geographical proximity of each other, a co-parenting custody arrangement may be in the best interests of the children. Traditionally, the custodial parent would have physical custody of the children and the non custodial parent would be allowed visitation every other weekend and,...
In cases involving children in New York, custody is often an issue. Child custody is much more complicated than the basic “the children can live with me and you can have visitation” scenario. In its most basic form, custody can be broken down in to two broad types: physical or residential custody and decision making....
I apologize for the lull in blogging this summer. In June and July, I was all consumed by a bitterly contested child custody and relocation trial. The trial reinforced my view that no matter the ultimate outcome of the trial, there are no winners- only losers, with the children suffering the biggest loss. At the...
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