Blog Posts in May, 2010
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"" »