Category Archives: Divorce

Marital Agreements: There Are No Do-Overs

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…
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Survey Says: Pre Nups are Big with Baby Boomers

 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…
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Local Justice in New York The Abuse of Law and Power

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…
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Dissolving the Marriage: Divorce v. Annulment

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.…
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Abusive Spouses Pay the Price For Their Conduct in Equitable Distribution

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…
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State Specific Family Law Blogs

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.
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Let’s Stay Together- Should I Contest the Divorce

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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