In New York State, a married couple's marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors listed in the Domestic Relations Law. None of these factors is marital fault. "Marital fault” refers to the misconduct of either party that [Read More]
In a Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and other rights that protect criminal defendants do not extend to Family [Read More]
In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to this exception to the hearsay rule, the definition of corroboration is very broad. The Family Court Act defines corroboration as any other evidence tending [Read More]
Proving in court child abuse or mistreatment can be difficult. Often we only have a child's out-of-court statements to a parent or a third party and very little other proof. An evidentiary problem arises in this situation since out-of-court statements are hearsay. Hearsay statements generally are not admissible in court. That means that they cannot [Read More]
In order for the State of New York to have jurisdiction over the parties to a divorce action the residency requirements of Domestic Relations Law section 230 must be satisfied. There are a number of ways that they can be. The most common and simplest way is that the grounds upon which this action is [Read More]
This post is for my peers; other attorneys practicing divorce and family law in upstate New York. And frankly, I think this is for any attorney who wishes to use the internet for marketing. Our friends at Yellowbook - the old-fashioned phonebook - have reinvented themselves as WebReach under the umbrella of "hibu, Inc." They [Read More]
In New York a court must consider all of a parent’s resources in determining an appropriate amount of child support. So an inheritance or a gift can be counted as income or as a resource available for purposes of calculating child support. This is done more often in cases where the basic child support under [Read More]
I had a divorce client ask a very good question this week. She happened upon a house for sale that fits her needs perfectly. But we are nine months away from her scheduled divorce trial and she wanted to know what she could or should do since her divorce was pending. This is not the [Read More]
When you prepare a financial disclosure statement for court you need to be very careful. On a Financial Disclosure Affidavit for Family Court or a Statement of Net Worth for a divorce action accuracy is very important. You can hurt yourself if you are sloppy and put down inaccurate numbers on any type of financial [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]