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…
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No Right to No Fault Trial; New York Appellate Court Rules
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…
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Technology Facilitates Better Communication Between Parents in New York
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-…
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Hurricane Sandy: Will It Increase New Yorker’s Rate of Divorce?
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…
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Federal Appeals Court Declares DOMA Unconstitutional
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…
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The Costs of a Raising a Child Rose; The Costs Are Even Higher in New York
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…
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Five Situations When Joint Physical Custody Should Not Be Considered
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…
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Joint Custody – How to Split the Time the Children in New York?
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,…
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Child Custody Arrangements in New York
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.…
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