In a divorce, different types of assets are valued at different times. For instance, passively held assets, like pensions, are generally valued as of the date of trial. Assets actively managed by one of the parties are generally valued as of the date of commencement of the action for divorce. In part, this prevents a litigant...
In a frightening twist to a hotly disputed divorce in New York State, Dr. Nicholas Bartha, blew up his beloved town house on East 62nd Street. In prior, postings, I had written of litigants who, no pun intended, followed scorched earth tactics. Obviously, no one can foresee a party’s irrational behavior or violent reaction to...
Both New York tabloids picked up this weekend on a widely reported case involving a broken engagement and the return of an engagement ring. (Finance Hits Rock Bottom and Fiance is “Gift” Rapped.) For purposes of complete disclosure, I represented the husband-to-be In this case, the husband-to-be sought to recover a large diamond engagement ring given to...
While there is not a lot of levity in divorce, perhaps this tale of a husband and wife involved in a bitter divorce for possession of the marital home could be instructive. The Husband may have won a battle ( or so he thought); he certainly lost the war. The story, if not useful, is, at least, humorous. She...
The gossip pages will always provide rich material for the divorce and family law blogs. This weekend was no exception. Nicole Kidman wed this weekend, but before the ceremony, she and her new husband signed a pre-nuptial agreement. A pre-nuptial agreement is a good way for parties to protect their assets prior to marriage and...
One federal judge, miffed at lawyers who could not agree on how to handle a dispute, ordered the lawyers to appear on the courthouse steps and resolve their petty squabble by playing rock, paper, scissors. Judge Makes ‘Rock, Paper, Scissors’ Ruling. Perhaps this is a good method of alternative dispute resolution. Clearly this judge would not...
Paul McCartney announced recently that he was seeking a divorce from his present wife Heather Mills. The question most frequently asked, is why didn’t Paul (since we all seem to familiarly call him by his first name) have a pre-nuptial agreement. Whatever the reason he didn’t we can only speculate. Regardless, I believe that under New...
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