The Divorce Report

Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child.  A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision…
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“Anonymous v. Anonymous”- Filing A New York Divorce Secretly

  Huma Abedin filed a motion to have her New York divorce against Anthony Weiner calendared, docketed and heard secretly.  The request would allow their divorce to be listed on the New York County Supreme Court’s dockets as “Anonymous v. Anonymous”  This move would, in effect, shield the parties from the glare of the news…
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Long Separation, No Divorce? No Equitable Distribution!

What happens when a couple separates, but for some reason, despite the passage of time, don’t divorce?   Suppose still further that during the long separation when the parties have been married but living separately, one of the parties acquires some wealth? Are the assets acquired during the long separation marital and subject to equitable distribution?…
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How is Child Custody and Decision-Making Determined in New York?

There is a welcome trend in child custody cases in New York- parents, the courts and even New York divorce attorneys, are all recognizing the importance of both parents being engaged in making decisions effecting their children’s health, education and welfare. Rather than vesting one parent with child custody and decision making authority, now many…
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How To Tell and Prepare Your Children For Divorce

The most difficult parts of divorce is that moment when you have to tell and then begin to prepare your children for the divorce. While your children may be bystanders to the decision to divorce and legal proceedings, they may suffer the consequences of the decisions they had no part in making. How you inform…
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New York Pre-Nup: How To Get It Wrong

  Not only are we in the midst of the Spring and Summer wedding season, but we are also in prenuptial season. Prospective brides and grooms are accessing their financial futures, taking stock of their pre-marital assets and the debts and taking stock of their individual and joint economic futures. They are also looking for…
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My Spouse Does Not Want a Divorce: What Should I Do?

It would be nice if all marriages lasted.  It would also be great if all divorces were uncontested and free of acrimony. Unfortunately, there is no “perfect” marriage and a smooth divorce is not always possible. Because New York has recognized no-fault divorce, the decision to divorce does not have to be mutual. It is…
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