| February 05, 2010 |
| Have a Divorce Pending? Hire a Private Investigator Says the Court!!! |
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| In the decision below the court found that a husband hiring a private investigator to follow the wife and document her proclivities did not constitute harassment. The husband had a legitimate right to prepare his defense and his counterclaim. This ... |
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| Continue reading "Have a Divorce Pending? Hire a Private Investigator Says the Court!!!" » |
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| February 05, 2010 |
| Have a Divorce Pending? Hire a Private Investigator Says the Court!!! |
| Posted By |
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| In the decision below the court found that a husband hiring a private investigator to follow the wife and document her proclivities did not constitute harassment. The husband had a legitimate right to prepare his defense and his counterclaim. This ... |
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| Continue reading "Have a Divorce Pending? Hire a Private Investigator Says the Court!!!" » |
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| February 04, 2010 |
| Is Virtual Visitation an Option? |
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| The issue of virtual visitation has entered the realm of custody rights and may have an effect on visitation arrangements. That effect may be extremely positive or negative depending on the relations between the parents. The reality is that ... |
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| Continue reading "Is Virtual Visitation an Option?" » |
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| February 01, 2010 |
| Fair Warning for those who Contribute Little to a Marriage |
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| In the below decision from Suffolk County Supreme Court Justice Gargiulo denies equal distribution in a case where the wife contributed nothing to the economic partnership, neither through her work or her by contributing her own money. In this case ... |
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| Continue reading "Fair Warning for those who Contribute Little to a Marriage " » |
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| January 29, 2010 |
| The Third Department Affirms a Custody Change |
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| In the below decision from the Appellate Division Third Department the court enforces a Family Court entry of Judgment that changed custody from the mother to the father. The mother appealed, and argued that her counsel was ineffective, that the ... |
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| Continue reading "The Third Department Affirms a Custody Change" » |
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| January 15, 2010 |
| A New Concept of Relocation |
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| In the below decision in New York County Family Court, Judge Lori S. Sattler, decided that a short move from Manhattan to Scarsdale was not in the best interest of a child, in a post divorce hearing. This decision is rare, since it bans a short ... |
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| Continue reading "A New Concept of Relocation" » |
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| December 11, 2009 |
| Tiger Woods' Marital Woes |
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| The events that have unfolded after the unfortunate incident at Tiger Woods' home at 2:30 AM on the day after Thanksgiving have been nothing short of extraordinary. There have been rumors of infidelity with as many as twelve different women. There ... |
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| Continue reading "Tiger Woods' Marital Woes " » |
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| November 20, 2009 |
| What Happens When Parents Behave Like Children |
| Posted By Brian D. Perskin |
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| What Happens When Parents Behave Like Children In a recent decision in Westchester Family court, the Honorable Colleen Duffy was faced with a difficult situation where two parents seemed determined to undermine the other's relationship with the ... |
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| Continue reading "What Happens When Parents Behave Like Children" » |
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| November 20, 2009 |
| The Evolution of Custody |
| Posted By Brian D. Perskin |
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| The concept of custody is unsettled in New York family law. Those who maintain custody of a child have significant powers controlling how they raise that child. In many cases, these rights come at the expense of the non-custodial parent. In Fuentes ... |
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| Continue reading "The Evolution of Custody" » |
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| September 23, 2009 |
| What Happens When Parents Behave Like Children |
| Posted By Brian D. Perskin |
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| In a recent decision in Westchester Family court, the Honorable Colleen Duffy was faced with a difficult situation where two parents seemed determined to undermine the other's relationship with the child. With some colorful language the Judge found ... |
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| Continue reading "What Happens When Parents Behave Like Children" » |
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| September 09, 2009 |
| New Rule In Divorce Actions |
| Posted By Brian D. Perskin |
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| New Rule In Divorce Actions Recently a new rule has gone into effect for matrimonial cases. Starting September 1, 2009 automatic orders will now go into effect whenever someone is served with both a summons and a copy of the automatic orders. These ... |
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| Continue reading "New Rule In Divorce Actions" » |
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| September 09, 2009 |
| New Rule In Divorce Actions |
| Posted By Brian D. Perskin |
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| Recently a new rule has gone into effect for matrimonial cases. Starting September 1, 2009 automatic orders will now go into effect whenever someone is served with both a summons and a copy of the automatic orders. These automatic orders are largely ... |
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| Continue reading "New Rule In Divorce Actions" » |
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| September 02, 2009 |
| Battles Abroad and at Home |
| Posted By Brian D. Perskin |
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| When a member of our Armed Forces is deployed overseas it creates a heavy burden both for the particular soldier, sailor, airman or marine, and for those they care for. Recently several custody battles have occurred involving service members ... |
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| Continue reading "Battles Abroad and at Home" » |
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| August 20, 2009 |
| Justice Sunshine Explains Equitable Distrubution |
| Posted By Brian D. Perskin |
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| In the below decision the Honorable Justice Jeffrey Sunshine explains and applies the law regarding equitable distribution . This is a complex area of the law which Justice Sunshine applies. This case illustrates why it is important to have a lawyer ... |
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| Continue reading "Justice Sunshine Explains Equitable Distrubution" » |
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| August 13, 2009 |
| Same Sex Marriage....and Divorce |
| Posted By Brian D. Perskin |
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| The evolution of Same-Sex Marriage has been a complicated process. Same-Sex Marriage is now legal in some of New York's closest neighbors, being Massachusetts, Vermont and New Hampshire as well as through out Canada. This has lead to a situation ... |
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| Continue reading "Same Sex Marriage....and Divorce" » |
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| August 12, 2009 |
| Shopping for Judges |
| Posted By Brian D. Perskin |
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| With such a limited number of Judges involved in Matrimonial law, Judge shopping is a serious concern. In a recent Suffolk County Court Decision, Justice Donald Blydenburg held that when it appeared a party to a matrimonial action switched attorneys ... |
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| Continue reading "Shopping for Judges" » |
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| August 10, 2009 |
| Ageements and Uncertainty |
| Posted By Brian D. Perskin |
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| When legislators and Judges craft laws and orders they often seek to make rules that are permanent and unchanging. The problem is that life is predictably unpredictable. So many divorce cases that were ended when the economy was strong and people ... |
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| Continue reading "Ageements and Uncertainty" » |
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| July 21, 2009 |
| Vacations and Custody |
| Posted By Brian D. Perskin |
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| In a decision posted today, the Appellate Division, Second Department asserted jurisdiction over a child custody matter that extended from New York to Kentucky. This decision provides guidance for those who are planning to seek custody in the near ... |
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| Continue reading "Vacations and Custody" » |
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| July 14, 2009 |
| The Recession Hits Divorce |
| Posted By Brian D. Perskin |
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| Times are tough, our financial markets are in shambles, the auto industry is emerging from a historic bankruptcy, unemployment is high and home prices have collapsed. These tough times has also created an anomaly in the world of divorce, where ... |
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| Continue reading "The Recession Hits Divorce " » |
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| July 10, 2009 |
| New Option for Those Considering Divorce |
| Posted By Brian D. Perskin |
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| From my experience, even the simplest divorce can easily turn into an extremely contentious proceeding. This can sometimes turn a couple who were once lovers into the bitterest of enemies. This may be acceptable in some divorce cases, but in many ... |
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| Continue reading "New Option for Those Considering Divorce " » |
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| July 08, 2009 |
| A Good Father Says Goodbye |
| Posted By Brian D. Perskin |
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| In a new decision by the Appellate Division, Third Department, the court ruled that a mother could move her 12 year old daughter to Florida, despite all parties agreeing that the father was a good father . This decision by the Appellate Division ... |
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| Continue reading "A Good Father Says Goodbye " » |
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| July 08, 2009 |
| Dismissing Divorce Actions |
| Posted By Brian D. Perskin |
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| There are generally two ways to start a divorce action , one is by Complaint and the other is by serving a Summons with Notice. One of the benefits of starting an action by serving a Summons with Notice is that according to CPLR Rule 3217(a)(1) a ... |
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| Continue reading " Dismissing Divorce Actions" » |
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| July 07, 2009 |
| Enhanced Earnings, Enhanced Confusion |
| Posted By Brian D. Perskin |
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| Sorry for the delay in between posts, I will be updating this blog more consistently in the future. Here is a recent article in the New York Law Journal where Judge Lebowitz of Queens County Court of Claims and Acting Judge of the Supreme Court ... |
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| Continue reading "Enhanced Earnings, Enhanced Confusion" » |
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| August 23, 2008 |
| Family Court Act 812 Now Everybody Should Worry |
| Posted By Brian D. Perskin |
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| Family Court Act 812 (1) (c) was amended to include in the list of persons who the court has jurisdiction to grant an order of protection, persons formerly married to one another, "regardless of whether they still reside in the same household" and ... |
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| Continue reading "Family Court Act 812 Now Everybody Should Worry" » |
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| August 23, 2008 |
| Do Not Forget Your Credit |
| Posted By Brian D. Perskin |
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| Recently the the Appellate Division held that payment of premarital debt with marital funds should be credited as an asset of the marriage. This case is extremely important. If graduate school loans for medical, dental or law school were paid during ... |
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| Continue reading "Do Not Forget Your Credit" » |
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| August 23, 2008 |
| Credit Counts Again |
| Posted By Brian D. Perskin |
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| Although the following case comes out of the fourth department, many married individuals pay off Supreme Court, Appellate Division, Fourth Department, New York. Craig J. MIRAND, Plaintiff-Respondent, v. Lisa M. MIRAND, Defendant-Appellant. July 11, ... |
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| Continue reading "Credit Counts Again" » |
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| July 13, 2008 |
| Sometimes Justice Prevails!! |
| Posted By Brian D. Perskin |
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| In a recent child custody case in New York, a trial court judge was overturned, and custody was granted by DECISION & ORDER In an action for a divorce and ancillary relief, the father appeals, as limited by his brief, from so much of a judgment ... |
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| Continue reading "Sometimes Justice Prevails!!" » |
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| July 07, 2008 |
| Alex Rodgriguez-- How much will he pay? |
| Posted By Brian D. Perskin |
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| A-Rod's wife filed her divorce petition in Florida for a reason. In New York, as long as Alex has a pre marital agreement, his wife will only be entilteled to enforce the terms of the agreement. Since, A Rod got married after he signed his first mega ... |
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| Continue reading "Alex Rodgriguez-- How much will he pay?" » |
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| July 03, 2008 |
| Child Custody: What you should Know |
| Posted By Brian D. Perskin |
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| In child custody and visitation cases there are several factors the courts will use to determine what is in "the best interests of the child". The parties are the primary source of information with regards to the weight the judge will give to each ... |
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| Continue reading "Child Custody: What you should Know" » |
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| July 03, 2008 |
| What is the Proper Valuation Date? |
| Posted By Brian D. Perskin |
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| The Court of Appeals recently ruled that the proper valuation date for all marital property is the date the summons for divorce is filed. An older discontinued action shall not serve as the valuation date. In Mesholam v Mesholam, 6/27/2008 NYLJ 30, ... |
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| Continue reading "What is the Proper Valuation Date?" » |
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| June 10, 2008 |
| Enhanced Earnings |
| Posted By Brian D. Perskin |
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| Just because a license or a degree is acquired during the marriage, it does not mean that a Judge has to divide the asset. In the following divorce case in New York the appellate division reversed the trial judge. Supreme Court, Appellate Division, ... |
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| Continue reading "Enhanced Earnings" » |
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| June 10, 2008 |
| Consultation Fees Should I Pay? |
| Posted By Brian D. Perskin |
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| In my experience New York Divorce lawyers who offer free consultations are doing this to have a chance to sell their services. Many clients come to me after their free consultation and tell me that all they did was sit through a sales presentation. ... |
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| Continue reading "Consultation Fees Should I Pay?" » |
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| May 22, 2008 |
| My husband controls all the Money Am I Entitled to Legal Fees? |
| Posted By Brian D. Perskin |
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| PRUDENTI, P.J.When an action for a divorce in New York is commenced, it is often the case that most of the marital assets available for the payment of legal fees are possessed or controlled by one of the spouses, usually the husband. In order to ... |
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| Continue reading "My husband controls all the Money Am I Entitled to Legal Fees?" » |
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| May 06, 2008 |
| Is every case 50/50 |
| Posted By Brian D. Perskin |
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| In New York Divorce cases, Judges divide property subject to New Yorks equitable distribution law. In many cases Judges divide all property equally. If the marriage is a true economic partnership, generally everything will be divided equally. In the ... |
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| Continue reading "Is every case 50/50" » |
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| April 30, 2008 |
| Cheating Wife Denied Divorce |
| Posted By Brian D. Perskin |
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| A common ground for divorce is the abandonment of the plaintiff by the defendant for more than one year. However, the Appellate division recently ruled that if one spouse was justified in vacating the marital residence then the ground of abandonment ... |
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| Continue reading "Cheating Wife Denied Divorce" » |
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| April 29, 2008 |
| Is it legal to tape record conversations between your child and your spouse? |
| Posted By Brian D. Perskin |
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| Many clients ask me, "is it legal to video or audio tape my child with the other parent?" The law in New York State conflicts with Federal Law. Recent case law in New York State makes answering this question extremely difficult. I recently ran across ... |
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| Continue reading "Is it legal to tape record conversations between your child and your spouse?" » |
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| April 28, 2008 |
| Constructive Abandonment What Do you have to Prove? |
| Posted By Brian D. Perskin |
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| Grounds for a divorce action in New York State, can sometimes be problematic. Many times an experienced New York Divorce lawyer will use the grounds issue as a bargaining chip. In a recent decision by the Appellate Division in the Third Department, ... |
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| Continue reading "Constructive Abandonment What Do you have to Prove?" » |
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| April 26, 2008 |
| Pre Nup Agreements Should I get One? |
| Posted By Brian D. Perskin |
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| A question that I'm sometimes asked is: Can I enter into a prenuptial agreement after I get married? The answer is: yes, you can. These agreements are known as postnuptial agreements or antenuptial agreements or postmarital agreements . Common Uses ... |
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| Continue reading "Pre Nup Agreements Should I get One?" » |
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| April 25, 2008 |
| Sometimes it does not Pay to Go to Trial |
| Posted By Brian D. Perskin |
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| Most divorces are settled by agreement. A few go to trial. The only think certain in a divorce trial is nobody knows how a Judge will rule. Read the following case that was decided by the appellate divison. Apparently the Judge got somethings right ... |
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| Continue reading "Sometimes it does not Pay to Go to Trial" » |
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| April 21, 2008 |
| Defense to Adultery- Is a Menage-a-trois a defense? |
| Posted By Brian D. Perskin |
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| In a recent decision by Justice Gesmer in Bronx Supreme Court, the Plaintiff was granted a protective order and did not have to answer the notice to admit to a menage a trois. Sometimes, you cannot make this stuf up.... |
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| Continue reading "Defense to Adultery- Is a Menage-a-trois a defense?" » |
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| November 07, 2007 |
| Why Appeal? If you have nothing to win |
| Posted By Brian Perskin |
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| In the following case, the wife won her appeal. She was granted a total of 1750 in child support and attorneys fees in the amount of twenty thousand dollars. This seems like a win, but in reality all she did was spend tens of thousands of dollars on ... |
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| Continue reading "Why Appeal? If you have nothing to win" » |
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| November 07, 2007 |
| Should I appeal? |
| Posted By Brian Perskin |
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| A divorce trial is time consuming and expensive. Many times the appellate division only makes minor adjustments to a written decision by a Judge in New York State. Many people appeal and lose, not only time but alot of money... Kaplan v. Kaplan, 21 ... |
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| Continue reading "Should I appeal?" » |
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| November 07, 2007 |
| Anything can happen at trial? |
| Posted By Brian Perskin |
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| 64.2.12 - - - Hale Hale v. Hale, 16 A.D.3d 231, 792 N.Y.S.2d 27 (First Dept. 2005)(2005 WL 612968)(2005 N.Y. Slip Op. 01997)(Mar 17, 2005): Supreme Court, Appellate Division, First Department, New York. Robert V. Hale, Plaintiff-Appellant- ... |
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| Continue reading "Anything can happen at trial?" » |
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| August 18, 2007 |
| A Dozen things to Consider before you File |
| Posted By Brian Perskin |
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| I came across this post, and even though it is not from a New York Divorce lawyer, strategy is strategy. Always be prepared when filing a contested divorce in New York. Even before you hire a New York Divorce Lawyer, prepare. Read the following ... |
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| Continue reading "A Dozen things to Consider before you File" » |
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| August 18, 2007 |
| Duress is Difficult to Prove |
| Posted By Brian Perskin |
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| Pre nuptial agreements are becoming increasingly common in New York. I have been preparing more and more as time goes on. Many people always ask me will it hold up in Court? As long as the agreement complies with the laws of execution in New York, ... |
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| Continue reading "Duress is Difficult to Prove" » |
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| August 18, 2007 |
| It is never too late to Collect |
| Posted By Brian Perskin |
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| Many times in New York divorce cases, people make separation or settlement agreements for events that will happen in the future. A great example, is when a wife or a husband agrees to take a percentage their spouses pension benefits when they retire. ... |
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| Continue reading "It is never too late to Collect" » |
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| July 17, 2007 |
| The Family Jewels |
| Posted By Brian Perskin |
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| It is a common misconception that jewelry is necessarily the separate property of the wife and is never subject to equitable distribution. In fact, many people don't even mention jewelry when discussing assets during a divorce case. See the excerpt ... |
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| Continue reading "The Family Jewels" » |
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| July 03, 2007 |
| Is my inheritance safe? |
| Posted By Brian Perskin |
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| The question of whether or not an inheritance is subject to equitable distribution has gotten a lot of attention. Take a look at the following excerpt from Spencer v. Spencer which finds that inheritance is separate property, but its appreciated ... |
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| Continue reading "Is my inheritance safe?" » |
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| July 03, 2007 |
| Is my inheritance safe? |
| Posted By Brian Perskin |
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| The question of whether or not an inheritance is subject to equitable distribution has gotten in a lot of attention. Take a look at the following excerpt from Spencer v. Spencer which finds that inheritance is separate property, but its appreciated ... |
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| Continue reading "Is my inheritance safe?" » |
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| July 02, 2007 |
| You are entitled to a Defense |
| Posted By Brian Perskin |
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| April 3, 2007 Page 1. SHAGOURY v SHAGOURY Supreme Court of the State of New York Appellate Division: Second Judicial Department D14539 C/hu AD3d Argued - February 20, 2007 STEPHEN G. CRANE, J.P. GLORIA GOLDSTEIN STEVEN W. FISHER ROBERT A. LIFSON, ... |
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| Continue reading "You are entitled to a Defense" » |
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