Yearly Archives: 2015

Getting a New York Prenup Thrown Out Can Be a Tall Order

The richest man in the state of Illinois, billionaire hedge-fund manager Ken Griffin, recently settled his high-profile and highly contentious divorce case. The settlement with wife Anne Dias Griffin was announced the day after a trial was supposed to begin on the validity and enforceability of their prenuptial agreement. Anne was trying to avoid the…
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7 Key Elements of Collaborative Divorce Participation Agreements

Collaborative divorce is all about trying to reach comprehensive out-of-court agreement on all the issues incident to a divorce. But before soon-to-be former spouses can collaborate, they have to agree to try to agree in the first place. Entering into a collaborative divorce participation agreement is a key foundational element in the collaborative divorce process.…
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How Far Can I Go? Understanding Parental Relocation

Packing up and moving to a new home can be difficult for any child, and it’s no piece of cake for the parents either. Leaving the school, friends, and neighborhood they’ve come to know and cherish is no small thing for a kid. For married parents, the decision whether to relocate is theirs and theirs…
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Does a Child’s Preference Matter in New York Custody Decisions?

A child doesn’t get a say regarding whether or not his or her parents will get divorced. While children may want their mother and father to stay together, they don’t get a vote in the decision to end a marriage. But, when it comes to where the child will live and which parent will get…
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New York Maintenance Law To Soon Take Effect: No Reason To Panic

In a recent article, the NY Post needlessly scared spouses contemplating divorce, but who had not yet commenced their cases. The gist of the article was that if they wait until the new maintenance guidelines become effective next month, they will receive less spousal support in their divorce than if they file now. In 2010, New…
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What is a Husband or Wife? The IRS Is Ready to Answer

In the aftermath of the Supreme Court decision recognizing same-sex marriage, same-sex marriage has become the law of the land. Federal laws and regulation are now being promulgated to effectuate recognition of same-sex marriage. In proposed regulations, the IRS has defined the terms “husband” and “wife” to be an individual lawfully married to another individual.  …
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Pet Custody in New York: What Standard To Apply?

  The pet custody wars continue in New York. The Law Journal is reporting that a Manhattan judge, who previously ruled that he would determine custody of a dog according to the "best interests of all concerned" standard that I previously wrote about, changed his position. Instead, he announced that custody of the dog will be…
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How Do You Distribute the Marital Home In A Divorce?

One of the biggest issues facing couples in New York engaged in a divorce is what to do with the marital home.     The difficulty is compounded when, as is most often is the case, the residence is encumbered by a mortgage. There are several possible outcomes with regard to distributing the marital home as part…
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