In November 2011 a Connecticut Judge made national news when he ordered a divorcing couple to exchange their passwords for Facebook and dating websites. More than a year has passed since this made news and it appears that no similar cases have been reported. Nevertheless, the issue has not gone away. Facebook and other social [Read More]
Announcing a divorce or separation on Facebook or other social media is becoming more and more common. In November, racing sensation Danica Patrick used Facebook to announce that she was separating from her husband by posting “I am sad to inform my fans that after seven years, Paul and I have decided to amicably [Read More]
In New York State the equitable distribution of marital property frequently is somewhere in the fifty-fifty range. Courts may vary by a few percentage points, but reviewing the voluminous case law of equitable distribution shows a strong predisposition for roughly equal distribution. This is with a very notable exception of childless marriages. In childless marriages [Read More]
In the short time that New York has had "no fault" divorce there has been precious little caselaw on the subject. However, the Appellate Division, Fourth Department, has recently rendered a decision that may have significant impact on "no fault" divorces. In Palermo v. Palermo, 2012 N.Y. Slip Op. 07528 (Nov. 9, 2012), the Appellate [Read More]
Many of the smart phones and electronic devices sold today employ technology that allows the device to be tracked electronically. As we discussed previously in this Blog, this technology has many implications in matrimonial cases. This technology also has many implications when dealing with children. Your child's iPhone, iPad, MacBook and even their iPod, [Read More]
It is that time of the year again. The holidays are here. Or are they the "hellidays"? Too often separated or divorced parents let their conflicts spoil the holiday season for their children. Every year I see too many people fighting over holiday visitation. Most of it is not about the kids enjoying the holiday [Read More]
As many of you know, I am a volunteer firefighter. Over the years I have found that periodically my legal training and experience offers lessons for the fire service and conversely my fire service training and experience offer lessons for the practice of law. One of these fire service lessons that has helped me approach [Read More]
So you believe in ghosts. Judging by the recent success and popularity of television shows such as TAPS, Ghost Adventures, The Dead Files, Ghostly Encounters and The Haunted Collector, you probably are not alone. So it is not all that surprising that a parent's interest in ghosts and the paranormal has come up as an [Read More]
Facebook is a trap for people involved in domestic relations litigation. If you are getting divorced or litigating in Family Court you should stay off of Facebook. At the least, you should not post anything related to your case or that could be construed as being related to it. I have seen Facebook become a [Read More]
Pre-nuptial agreements are not just for the rich and famous. Today more people are marrying for the first time at an older age. There are more second and third marriages because of high divorce rates and longer life expectancies. For these reasons there is a growing need for pre-nuptial agreements. And although a pre-nuptial agreement [Read More]