Blog Posts in 2010
34 results found. Viewing page 1 of 2.
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Posted on Dec 30, 2010 By Brian Perskin
Decided: December 28, 2010 *1 Order, Supreme Court, New York County (Laura E. Drager, J.), entered on or about April 13, 2009, which, to the extent appealed from, as limited by the briefs, denied ...
Continue reading "The Need for Evidentiary Hearings" »
Posted on Dec 21, 2010 By Brian Perskin
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 ...
Continue reading "Religion and Divorce" »
Posted on Dec 2, 2010 By Brian Perskin
Continue reading "Enhanced Earnings" »
Posted on Sep 21, 2010 By Brian Perskin
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 ...
Continue reading "Westchester Divorce Decision" »
Posted on Sep 17, 2010 By
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.), ...
Continue reading "Grounds for Divorce" »
Posted on Sep 17, 2010 By Brian Perskin
Justice Rachel A. Adams Decided: August 25, 2010 *1 In the context of this contested matrimonial action, the Plaintiff (Husband) moves by order to show cause dated January 6, 2010 for the following ...
Continue reading "Judge Adams and Relocation" »
Posted on Sep 17, 2010 By Brian Perskin
ustice Delores J. Thomas Decided: August 25, 2010 The following papers numbered 1 to 5 read on this motion and cross motion: Papers Numbered Notice of Motion/Order to Show Cause/ Petition/Cross Motion ...
Continue reading "Relocation Granted" »
Posted on Aug 20, 2010 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 ...
Continue reading "Recent Case Regarding Equitable Distribution and Maintenance" »
Posted on Aug 17, 2010 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 ...
Continue reading "LA Dodgers Dealing with Divorce" »
Posted on Jul 16, 2010 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 & ...
Continue reading "Getting a Divorce on your iPhone?" »
Posted on Jul 12, 2010 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 ...
Continue reading "Bitter Child Custody Battle across Borders " »
Posted on Jul 8, 2010 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 ...
Continue reading "Judge Rejects Divorce Based on Insufficient Grounds: How New No-Fault Divorce Bill Would Have Made a Difference" »
Posted on Jun 17, 2010 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 ...
Continue reading "No Fault Divorce is Moving Forward" »
Posted on Jun 15, 2010 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 ...
Continue reading "Evidence is Everything in Mental Illness Case" »
Posted on Jun 11, 2010 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 ...
Continue reading "Mother Jailed for Interfering with Father's Visitation Rights" »
Posted on Jun 9, 2010 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 ...
Continue reading "Late-Life Divorce: Al and Tipper Gore" »
Posted on Jun 7, 2010 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 ...
Continue reading "Facebook Profiles Swaying Divorce Cases" »
Posted on May 20, 2010 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 ...
Continue reading "Irreconcilable Differences Nearing Reconciliation in New York" »
Posted on May 12, 2010 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 ...
Continue reading "The Perils of Evading the Accounting of Funds" »
Posted on May 12, 2010 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., ...
Continue reading "A Guardianship Appointment Leads to Special Immigrant Juvenile Status" »
Posted on May 12, 2010 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 ...
Continue reading "The Significance of Signatures " »
Posted on May 12, 2010 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 ...
Continue reading "Chutzpah in Marital Jurisprudence" »
Posted on May 10, 2010 By Brian D. Perskin
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 ...
Continue reading "Narrow Reading of "Parent"" »
Posted on Apr 30, 2010 By
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 three ...
Continue reading "Discovery Denied" »
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