Blog Posts in 2008
Posted on Aug 23, 2008 By Brian D. Perskin
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 ...
Continue reading "Family Court Act 812 Now Everybody Should Worry" »
Posted on Aug 23, 2008 By Brian D. Perskin
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 ...
Continue reading "Do Not Forget Your Credit" »
Posted on Aug 23, 2008 By Brian D. Perskin
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, ...
Continue reading "Credit Counts Again" »
Posted on Jul 13, 2008 By Brian D. Perskin
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 ...
Continue reading "Sometimes Justice Prevails!!" »
Posted on Jul 7, 2008 By Brian D. Perskin
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 entitled to enforce the terms of the agreement. Since ...
Continue reading "Alex Rodgriguez: How much will he pay?" »
Posted on Jul 3, 2008 By Brian D. Perskin
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 ...
Continue reading "Child Custody: What you should Know" »
Posted on Jul 3, 2008 By Brian D. Perskin
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 ...
Continue reading "What is the Proper Valuation Date?" »
Posted on Jun 10, 2008 By Brian D. Perskin
Just because a license or a degree is acquired during the marriage, it does not mean that a Judge has to divide the assets. In the following divorce case in New York the appellate division reversed ...
Continue reading "Enhanced Earnings" »
Posted on Jun 10, 2008 By Brian D. Perskin
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 ...
Continue reading "Consultation Fees Should I Pay?" »
Posted on May 22, 2008 By Brian D. Perskin
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 ...
Continue reading "My husband controls all the Money Am I Entitled to Legal Fees?" »
Posted on May 6, 2008 By Brian D. Perskin
In New York Divorce cases, Judges divide property subject to New York's equitable distribution law. In many cases Judges divide all property equally. If the marriage is a true economic partnership, ...
Continue reading "Is Every Case 50/50?" »
Posted on Apr 30, 2008 By Brian D. Perskin
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 ...
Continue reading "Cheating Wife Denied Divorce" »
Posted on Apr 28, 2008 By Brian D. Perskin
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 ...
Continue reading "Constructive Abandonment: What Do You Have to Prove?" »
Posted on Apr 26, 2008 By Brian D. Perskin
A question that I am 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, antenuptial ...
Continue reading "Pre-Nup Agreements: Should I Get One?" »
Posted on Apr 25, 2008 By Brian D. Perskin
Most divorces are settled by agreement. A few go to trial. The only certainty in a divorce trial is that nobody knows how a Judge will rule. Read the following case that was decided by the appellate ...
Continue reading "Sometimes It Does Not Pay to Go to Trial" »
Posted on Apr 21, 2008 By Brian D. Perskin
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 ...
Continue reading "Defense to Adultery: Is a Menage-a-trois a Defense?" »