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]
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]
If you cannot stay off of Facebook while you are involved in a domestic relations legal matter you should not post anything on Facebook. If you have to post something, at the very least you should not post anything related to your legal case or anything that could be construed as being related to it. [Read More]
The Collaborative Divorce Process is a cooperative process in which a separating or divorcing couple, with the assistance of their attorneys, work together to negotiate the best outcome for both parties and their children. The process is based on a voluntary and free exchange of information, the parties pledge not to go to court and [Read More]
Welcome to my blog. Here we will discuss domestic relations matters as they present themselves in upstate New York. Not that divorce or custody cases here are very different than those down state or in other states. But the law of domestic relations law in New York is different from that in other states. Also [Read More]
I am a big fan of the Dos Equis commercials and the “Most Interesting Man in the World.” And although I do not drink beer, if I did it might be Dos Equis. Among my favorite of these commercials is the “Most Interesting Man in the World on Going Dutch.” His words of wisdom, “You [Read More]
Parties who are divorcing often can benefit by using email. Since most people have their email on their cell phone, and no longer have to rely on email on their computer, email allows parties to communicate instantly. Text messaging also offers these benefits. For purposes of this discussion, we simply will discuss email. Keep in [Read More]