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Blog Posts in 2010

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The Need for Evidentiary Hearings

First of all, what exactly is an evidentiary hearing? Many times, this is referred to as a preliminary hearing. This proceeding usually refers to criminal hearings, but they can apply to cases of ...
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Religion and Divorce

In the Matter of a Custody/Visitation Proceeding Chaim B., Petitioner v. Gitty B., Respondent, Referee Dean Richardson-Mendelson DECISION LEGAL HISTORY The petitioner father commenced this matter by ...
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Westchester Divorce Decision

P.D., Plaintiff v. LLD, Defendant, 15225/08 Supreme Court, Westchester County Justice Francesca E. Connolly Decided: September 9, 2010 DECISION AFTER TRIAL AND DECISION ON POST-TRIAL MOTION *1 This ...
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Grounds for Divorce

In an action for a divorce and ancillary relief, the defendant husband appeals (1), as limited by his brief, from so much of a money judgment of the Supreme Court, Westchester County (Tolbert, J.), ...
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Recent Case Regarding Equitable Distribution and Maintenance

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 ...
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LA Dodgers Dealing with Divorce

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 ...
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Getting a Divorce on your iPhone?

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 & ...
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Bitter Child Custody Battle across Borders

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 ...
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Judge Rejects Divorce Based on Insufficient Grounds: How New No-Fault Divorce Bill Would Have Made a Difference

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 ...
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No Fault Divorce is Moving Forward

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 ...
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Evidence is Everything in Mental Illness Case

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 ...
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Mother Jailed for Interfering with Father's Visitation Rights

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 ...
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Late-Life Divorce: Al and Tipper Gore

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 ...
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Facebook Profiles Swaying Divorce Cases

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 ...
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Irreconcilable Differences Nearing Reconciliation in New York

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 ...
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The Perils of Evading the Accounting of Funds

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 ...
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A Guardianship Appointment Leads to Special Immigrant Juvenile Status

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., ...
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The Significance of Signatures

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 ...
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Chutzpah in Marital Jurisprudence

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 ...
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Narrow Reading of "Parent"

In a recent decision by the New York State Court of Appeals, the Court held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York ...
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Discovery Denied

In the case below from the New York Court of Appeals, the court finds no "egregious fault" in a case where a woman gave birth to a child of her paramour and lied to her husband about it for ...
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Sandra Bullock and Jesse James' Divorce Begets the Issue of Child Custody

Sandra Bullock has filed for divorce from her husband Jesse James, which raises an important question: What about the children? The divorce is complicated because of the issue of child custody and ...
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The Exception to the Rule

In the extraordinary case below, the Family Court of New York upheld a denial of child support arrears, in a case that spanned the globe. In this case the Petitioner forced the Respondent to chase her ...
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