Yearly Archives: 2014

What Are The Odds That I Will Get Divorced: Are the Divorce Rates Down?

According to a report in the New York Times, divorce lawyers, like me, may be soon looking for new careers. The divorce rate, which had been as high as fifty percent is reportedly decreasing. According to a study: About 70 percent of marriages that began in the 1990s reached their 15th anniversary, up from about…
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Dog Divorce Tug of Wars: Preventable By a Pup-Nup

With growing frequency, couples are fighting for custody of their cats and dogs when they divorce. Like all litigated matters, a pet custody case can be expensive and contentious. Recent New York courts have ruled that pet custody divorce disputes are treated differently than other divorce disputes. Unlike a child custody fight which is resolved…
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Service by Social Networking: Can You Be Served Through Facebook?

The next time you check into Facebook, you may get more than a “Like” from one of your friends, you could be served with legal papers. Recently, a New York judge authorized service of legal papers through Facebook in a family law case. Generally, the summons must be personally served in a New York matrimonial…
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A Torn Up Pre Nup Is Still Valid

A pre-nuptial agreement torn in pieces and thrown off the honeymoon cruise ship is enforceable so ruled a Brooklyn judge. In a rather unusual case, as detailed in the New York Post  the couple entered in a pre-nuptial agreement which limited the wife’s right to maintenance and equitable distribution of the parties’ property. The husband, the…
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Can My Spouse Prevent Me From Getting A Divorce By Ignoring It?

So, you want to be divorced. Your spouse is clueless of your feelings, in denial, or just wouldn’t agree to a divorce. Are you out of luck, stuck in your marriage or can you extricate yourself and obtain a divorce in New York? Since the advent of no-fault divorce in New York, your spouse cannot…
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Size Does Matter: Does A Big Engagement Ring Predict Divorce?

The size of your engagement ring could be a predictor of the success of your marriage. A study conducted by two economics professors at Emory University concluded that the higher the cost of the engagement ring, the shorter the marriage. They further found that less expensive rings were often associated with longer marriages. According to…
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Alimony Reform- Are The Times A’Changing?

Nationwide, there has been a movement for alimony reform. States have considered have considered a litany of solutions to fix the arbitrariness of alimony or maintenance as is it is better known in New York. Maintenance can vary in both duration and the amount of the payments. Last year, the New York legislature considered proposals…
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How Do I Transfer The Marital Home To My Spouse in a Divorce?

A reader of the New York Times Ask Real Estate column asked, how do I transfer my cooperative apartment to my soon to be ex as part of my divorce settlement. A transfer of title of the jointly owned martial home from spouse to the other is one of the two possible outcomes for real…
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How Do New York Courts Handle Foreign Marital Agreements?

With people moving internationally, New York divorce courts are with greater frequency asked to enforce pre and post nuptial agreements entered into by non-American citizens now living in New York. Invariably, questions about what laws apply and enforceability of the agreements arise. While there is a strong presumption in New York that signed marital agreements,…
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