Jeffrey Lalloway points out in his California Divorce and Family Law Blog, an overwhelming 80% of divorce attorneys cited an increase in prenuptial agreements during the past five years in a recent poll of American Academy of Matrimonial Lawyer (AAML) members. In addition, 65% of those surveyed answered that prenuptial agreements are most often sought...
The old adage is, “Only a fool has himself for a lawyer.” But every once in awhile a case is reported to prove that it is even more foolish for a lay person to represent himself instead of retaining an attorney. Certainly, this would seem to be the rule in cases in which the parties plan...
Imagine, you have been kicked and choked by your spouse, your life has been threatened, you summon the strength and courage to seek intervention, you call the police and, when you finally go to court to press charges, you hear a judge say "Every woman needs a good pounding now and then." According to a...
Often times I receive a telephone call from a prospective client who states, “I don’t want a divorce. I want an annulment.” When I inquire as to why, I am typically greeted with silence because the distinction is not really understood. An annulment invalidates a marriage that the parties were not legally capable of entering....
Last week, Justice Jacqueline Silbermann sent a strong message to abusive spouses; domestic violence will be considered in the distribution of marital assets. In DeSilva v. DeSilva, she ruled that a wife was entitled to all of the couple’s marital property because her husband had verbally and physically abused her. This decision went even further than...
Earlier this month Ben Steven’s on his South Carolina Family Law Blog, published a comprehensive list of the forty-one state specific blogs addressing family law and matrimonial issues. Since this blog will focus primarily on issues involving New York family and divorce law, the listed blogs can be an invaluable asset when issues involving other states arise.
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...
You have been served with a summons in connection with a divorce action -what do you do? You must immediately decide whether you will be contesting the divorce. In doing so, you will have to determine whether the marriage is dead, whether the marriage is salvageable and to attempt reconciliation or whether you will need...
Clients view retaining attorneys as a necessary evil. They know they should retain one, but they hate to pay fees. Most matrimonial and family law attorneys are retained on an hourly basis, meaning they bill at a set rate on a time basis. Waste or squander your attorney’s time, and you waste your money. A client, looking...
It took only a week for the reverberations to begin from last week’s affirmance by the Court of Appeals of New York’s ban on same sex marriages. Last week, in the case Funderburke v. New York State Department of Civil Service, a Nassau County judge granted the State summary judgment, dismissing the case of a former...
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