In their New Jersey Law Blog, Stark and Stark report that New Jersey took a step toward revamping its grounds for divorce for the first time in 35 years when on October 23 the Assembly Judiciary Committee approved adding "irreconcilable differences" as a cause of action for divorce. If passed, bill A-483 would mean that if...
Whenever playing a childhood game, the loser would inevitably call out as the game ended, “Do over.” In golf, there are mulligans. In the “game of divorce,” in most cases, there are no second chances to re-negotiate or litigate fairly negotiated and properly executed marital agreement. The recently decided case of Kojovic v. Goldman, 2006 NY...
There has been much ado in the tabloids this week about the allegations of domestic violence by Paul McCartney against Heather Mills. So I wondered, what relevance would these allegations have if this case was being heard in New York? In New York, because only the parties, their respective attorneys and the court have access to...
Jeffrey Lalloway points out in his California Divorce and Family Law Blog, an overwhelming 80% of divorce attorneys cited an increase in prenuptial agreements during the past five years in a recent poll of American Academy of Matrimonial Lawyer (AAML) members. In addition, 65% of those surveyed answered that prenuptial agreements are most often sought...
The old adage is, “Only a fool has himself for a lawyer.” But every once in awhile a case is reported to prove that it is even more foolish for a lay person to represent himself instead of retaining an attorney. Certainly, this would seem to be the rule in cases in which the parties plan...
Imagine, you have been kicked and choked by your spouse, your life has been threatened, you summon the strength and courage to seek intervention, you call the police and, when you finally go to court to press charges, you hear a judge say "Every woman needs a good pounding now and then." According to a...
Often times I receive a telephone call from a prospective client who states, “I don’t want a divorce. I want an annulment.” When I inquire as to why, I am typically greeted with silence because the distinction is not really understood. An annulment invalidates a marriage that the parties were not legally capable of entering....
Last week, Justice Jacqueline Silbermann sent a strong message to abusive spouses; domestic violence will be considered in the distribution of marital assets. In DeSilva v. DeSilva, she ruled that a wife was entitled to all of the couple’s marital property because her husband had verbally and physically abused her. This decision went even further than...
Earlier this month Ben Steven’s on his South Carolina Family Law Blog, published a comprehensive list of the forty-one state specific blogs addressing family law and matrimonial issues. Since this blog will focus primarily on issues involving New York family and divorce law, the listed blogs can be an invaluable asset when issues involving other states arise.
You have been served with a summons in connection with a divorce action -what do you do? You must immediately decide whether you will be contesting the divorce. In doing so, you will have to determine whether the marriage is dead, whether the marriage is salvageable and to attempt reconciliation or whether you will need...
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