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August 20, 2010
  Recent Case Regarding Equitable Distribution and Maintenance
Posted By Brian Perskin
See below case concerning equitable distribution and maintenance: E.S.—Plaintiff v. L.R.S.—Defendant, 350249/07 Supreme Court, New York County, Part 31 Family Law Decided: August 11, 2010 TRIAL DECISION AND ORDER *1 The issues in this divorce action ...
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August 17, 2010
  LA Dodgers Dealing with Divorce
Posted By Brian Perskin
High net worth divorces can be especially messy. For Frank and Jamie McCourt, many wait to see what detriment their divorce will have on their baby of six years, The Los Angeles Dodgers. The McCourts were teenage lovebirds, married for thirty years; ...
Continue reading "LA Dodgers Dealing with Divorce" »

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July 16, 2010
  Getting a Divorce on your iPhone?
Posted By Brian Perskin
Technology makes advances in the matrimonial field as divorce and the iPhone tie the knot. A divorce lawyer and an app developer team collaborated to create two new iPhone applications, Cost & Prep and Estate Divider, to help those who are ...
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July 12, 2010
  Bitter Child Custody Battle across Borders
Posted By Brian Perskin
A child custody battle turned especially bitter as it intensified into an international "tug of war"--the struggle spanned overseas as the mother lived in the United Kingdom and the father resided in Queens, New York. Their two boys, who have dual ...
Continue reading "Bitter Child Custody Battle across Borders " »

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July 08, 2010
  Judge Rejects Divorce Based on Insufficient Grounds: How New No-Fault Divorce Bill Would Have Made a Difference
Posted By Brian Perskin
A Nassau Supreme Court Justice rejected a man's petition for divorce on the grounds of abandonment. The husband claimed that his wife refused to have sex with him for almost 12 years. Meanwhile, the wife's testimony undermined and counteracted her ...
Continue reading "Judge Rejects Divorce Based on Insufficient Grounds: How New No-Fault Divorce Bill Would Have Made a Difference" »

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June 17, 2010
  No Fault Divorce is Moving Forward
Posted By Brian D. Perskin
New York State has moved closer to enacting the no fault divorce law by overcoming the hurdle of passing in the Senate. The law would allow couples to be granted divorce without having to prove grounds like adultery or cruel and inhuman treatment. ...
Continue reading "No Fault Divorce is Moving Forward" »

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June 15, 2010
  Evidence is Everything in Mental Illness Case
Posted By Brian D. Perskin
A mother who had been charged with being mentally ill (as defined in Social Services Law §384-b) has, through her counsel, argued that an expert medical report made by a physician from the opposition should be stricken, as it relies on inadmissible ...
Continue reading "Evidence is Everything in Mental Illness Case" »

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June 11, 2010
  Mother Jailed for Interfering with Father's Visitation Rights
Posted By Brian Perskin
An unexpected twist occurred in the shared custody of two children as a Supreme Court Justice in Nassau County sentenced the mother, the Plaintiff, to spend six weekends in jail for her frequent attempts to estrange her ex-husband, the defendant, ...
Continue reading "Mother Jailed for Interfering with Father's Visitation Rights" »

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June 09, 2010
  Late-Life Divorce: Al and Tipper Gore
Posted By Brian Perskin
Al and Tipper Gore made the shocking announcement that they are going to separate after 40 years of marriage. This separation comes as such a surprise not only because Al and Tipper seemed to epitomize wedded bliss, but also because they are ...
Continue reading "Late-Life Divorce: Al and Tipper Gore" »

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June 07, 2010
  Facebook Profiles Swaying Divorce Cases
Posted By Brian Perskin
Social media websites, such as Facebook, contain a bounty of personal information. Thus, according to CNN.com's "Divorce Attorneys Catching Cheaters on Facebook," these websites have become an effective tool for divorce attorneys, who are looking to ...
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May 20, 2010
  Irreconcilable Differences Nearing Reconciliation in New York
Posted By Brian D. Perskin
For the past twenty-five years, New York has been the only state in the country without a no-fault--irreconcilable differences--divorce. It seems as that may finally change as a bill that aims to reform domestic relations law, by adding ...
Continue reading "Irreconcilable Differences Nearing Reconciliation in New York" »

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May 12, 2010
  The Perils of Evading the Accounting of Funds
Posted By Brian D. Perskin
SUFFOLK COUNTY Supreme Court Justice J. Bivona PLAINTIFF wife sought an order finding defendant husband in contempt of court for failing to comply with a summons. The summons contained automatic restraining orders, yet defendant on the same day ...
Continue reading "The Perils of Evading the Accounting of Funds" »

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May 12, 2010
  A Guardianship Appointment Leads to Special Immigrant Juvenile Status
Posted By Brian D. Perskin
In a proceeding pursuant to Family Court Act article 6 for the appointment of the maternal aunt of the petitioner, a person under 21 years of age, as her guardian, the petitioner, Trudy-Ann W., appeals from (1) an order of the Family Court, Kings ...
Continue reading "A Guardianship Appointment Leads to Special Immigrant Juvenile Status" »

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May 12, 2010
  The Significance of Signatures
Posted By Brian D. Perskin
SUFFOLK COUNTY Supreme Court Justice MacKenzie SUMMARY There is a bright line rule of law that an agreement lacking the proper acknowledgment is unenforceable. It is undisputed that the parties were married September 27, 2003 and separated January ...
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May 12, 2010
  Chutzpah in Marital Jurisprudence
Posted By Brian D. Perskin
In a recent decision by Judicial Hearing Officer Stanley Gartenstein, the Court strongly considered the believability of a party's poverty claim in its award of maintenance and child support. In New York matrimonial and family law cases, it is ...
Continue reading "Chutzpah in Marital Jurisprudence" »

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