Governor Spitzer signed into law, this week, a bill amending Domestic Relations Law §250, tolling the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement until service of process has been completed in a divorce action or until one of the parties...
The engagement ring cases keep coming. In the latest reported engagement ring case, Dreznick v Lenchner, the loving couple resided together in New York when they became engaged to be wed. A year and a half later, the woman ended the engagement and moved from the man’s residence with an engagement ring, a dog, and...
In a fascinating article published in the New York Times, Tyler Cowen, a professor of economics at George Mason University and co-author of a blog, the Marginal Revolution, explores the benefits of what he terms, unilateral divorce. His conclusion, unilateral or no-fault divorce leads to happier but perhaps, less committed marriages. In the United States, the...
With taxes due next month, Scott Sagaria in his California Family Law Blog offers some useful tax tips to parties divorcing. While Scott’s blog is addressed to California residents, the tax information is applicable nationwide. When a couple is filing for divorce, but the divorce decree has not been finalized yet, they can still file...
Much ado has been made of Jason Kidd’s allegations of domestic violence against his wife. Notwithstanding the celebrity factor, much of outcry is a product of the sexist preconception that there is no way a woman can abuse a man. Moreover, how can a star athlete be a victim of domestic violence? Any matrimonial attorney knows...
The Family Law Prof Blog picked up on a great piece that appeared in the New York Times. The piece is simply a series of questions couples should ask or wish they had asked before marrying. These questions are thought provoking and go to the core of the marital relationship. As a father/husband, I see...
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...
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....
It took only a week for the reverberations to begin from last week’s affirmance by the Court of Appeals of New York’s ban on same sex marriages. Last week, in the case Funderburke v. New York State Department of Civil Service, a Nassau County judge granted the State summary judgment, dismissing the case of a former...
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