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By Alan Feigenbaum | May 1, 2024
If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
6 minute read
By ALM Staff | April 30, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By David I. Faust | April 30, 2024
Wedding season is just around the corner, which is a good time to reconsider pre-nups. What are the origins of these agreements and why can they be so tricky for attorneys to negotiate? David I. Faust, partner at Gallet Dreyer & Berkey, explores the legal basis for pre-nups and cohabitation agreements and that, far from being cynical, they're a healthy way to build a solid foundation for a successful relationship.
9 minute read
By Rebecca L. Palmer | April 29, 2024
Pets are cherished family members too, so when a couple decides to part ways, pet custody can be just as tricky as any other aspect of separation.
4 minute read
By Julie A. Auerbach | April 26, 2024
One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident, one cannot knowingly give up a right to an asset or income if they are not aware of its existence.
5 minute read
By Merril Sobie | April 26, 2024
To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
6 minute read
By Elisa Reiter and Daniel Pollack | April 25, 2024
At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
9 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 25, 2024
According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
9 minute read
By Alton L. Abramowitz and Leigh Baseheart Kahn | April 23, 2024
In 1907, the state of New York made it a crime to commit adultery. That Class B misdemeanor was carried over from prior law when the Penal Law was revised in 1965. Now, New York State Assembly Bill No. 4714 calls for the repeal of that provision.
12 minute read
By Riley Brennan | April 19, 2024
The wife, also an attorney, argued that the trial court erred in applying a fertility clinic's declaration of intent contract without balancing the parties' interests when determining the proper disposition of the 14 frozen embryos.
6 minute read
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