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HomeCategoryDomestic Partnership Archives - Daniel Clement

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...

Changes to New York Divorce Law Coming: Maintenance Reform and Say Goodbye to Enhance Earnings Capacity

Change is in the air with respect to New York divorce law.  Recently, the New York Legislature passed sweeping legislation affecting two major aspects of divorce law in New York. First, the legislature changed the method of awarding maintenance in divorce cases.   It also eliminated equitable distribution awards for a party’s enhanced earning capacity. While...

A New York court has jurisdiction to hear an action to dissolve a civil union validly entered into outside of this state and to equitably distribute the property acquired during the civil union. New York courts have recognized and been increasingly accepting of the rights of same sex couples. New York will, for instance recognize,...

In an environment where every day we are greeted with news about the troubled economy, we are thankful for any sign of economic growth. Today, California began performing same sex marriages which may provide a boost to the local California economy. The New York Times reported that: The potential windfall of same-sex marriage was underscored...

Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to...

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