Clients view retaining attorneys as a necessary evil. They know they should retain one, but they hate to pay fees. Most matrimonial and family law attorneys are retained on an hourly basis, meaning they bill at a set rate on a time basis. Waste or squander your attorney’s time, and you waste your money. A client, looking...
In an aptly titled article Real Estate and Rubble: When Marriages Go Awry , the New York Times stated: “. . .[I]n New York, lawyers say, while blowing up a building is extreme, vindictiveness is not unusual. Divorce lawyers said they had seen pets killed and wives given theater tickets so their husbands could put their possessions...
Both New York tabloids picked up this weekend on a widely reported case involving a broken engagement and the return of an engagement ring. (Finance Hits Rock Bottom and Fiance is “Gift” Rapped.) For purposes of complete disclosure, I represented the husband-to-be In this case, the husband-to-be sought to recover a large diamond engagement ring given to...
While there is not a lot of levity in divorce, perhaps this tale of a husband and wife involved in a bitter divorce for possession of the marital home could be instructive. The Husband may have won a battle ( or so he thought); he certainly lost the war. The story, if not useful, is, at least, humorous. She...
A review prompted by complaints of unfair handling of divorce cases has led to a shake-up of Westchester’s matrimonial courts. All of the matrimonial judges in Westchester County have been replaced. Though I have no knowledge of the merits of the charges, I am concerned that wholesale change is akin to “throwing the baby out with...
This headline caught my eye: Boy Tarzan’s ma takes swing at dad in divorce. “The teenage star of Broadway’s “Tarzan” was hurt so much by a bitter feud between his parents it sent him into intense therapy sessions.” “But the pain of talking about the vicious sparring was too much for 13-year-old Daniel Manche,...
The gossip pages will always provide rich material for the divorce and family law blogs. This weekend was no exception. Nicole Kidman wed this weekend, but before the ceremony, she and her new husband signed a pre-nuptial agreement. A pre-nuptial agreement is a good way for parties to protect their assets prior to marriage and...
I often receive telephone calls from prospective clients and, without fail, the first question out of their mouth is, “How much will a divorce cost?” I cannot answer that question, at least without probing further. A divorce is not a commodity. A prospective client is not purchasing a widget, where they can comparison shop by...
When it comes to divorce, New York is, in some respects a dinosaur; New York is the only state in the United States that does not have a true “No Fault” divorce. That is, in New York in order to obtain a divorce, a party must allege, and if contested, prove, a legal basis for...
One federal judge, miffed at lawyers who could not agree on how to handle a dispute, ordered the lawyers to appear on the courthouse steps and resolve their petty squabble by playing rock, paper, scissors. Judge Makes ‘Rock, Paper, Scissors’ Ruling. Perhaps this is a good method of alternative dispute resolution. Clearly this judge would not...
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