In April of 2013, Judge Theresa Whelan, sitting in the Family Court in Suffolk County, was presented with a same sex visitation case. The non-biological parent brought a petition for custody and/or visitation regarding a child born to her former same-sex partner. The respondent in the case, the biological parent, claimed the same-sex partner could … [Read more...]
Happy Holidays: I Want a Divorce
Spouses, in unhappy marriages, often wait until the end of the year, after the holiday season, to decide to move forward with their divorces. This is especially true when the parties don't get along and the frustration between the spouses boils over related to get-togethers that go poorly at Christmas time. Spouses that are not happy in … [Read more...]
Children’s Best Interest
It is said that marriages are made in heaven. If this is true, are divorces made in hell? I don't believe so. Divorce is the result of a marriage not working out. The dissolution of a marriage takes place in the courthouse. Children born from the marriage are victims in a divorce. Children want their parents' marriage to work. They want their … [Read more...]
Wife Granted Change Of Venue To Suffolk County
Justice Matthew Cooper, sitting in Supreme Court, New York County, granted an application in the matter of Castaneda v. Castaneda, for a change in venue in a divorce proceeding from Manhattan to Suffolk County. The wife in this case brought an application claiming that the venueing of the case in Manhattan was improper. She resided in Suffolk … [Read more...]
Relocating After a Divorce
When a custodial parent seeks to relocate, he or she may run into more complications and difficulties than he or she anticipates. An order of custody and/or divorce judgment may contain clauses specifically preventing a custodial parent from relocating. Whether the custody order or the divorce judgment contains a clause of this nature, the … [Read more...]
California’s Proposed Multiple Parenting Law
California is considering passing a multiple parenting law. This law would allow children to legally have more than two parents. This statute was proposed by State Senator Mark Leno of San Francisco. It has already passed the California State Senate and is being considered in the California State Assembly. Mr. Leno claims that the definition of … [Read more...]
Judge Allows Egregious Fault Inquiry in Equitable Distribution Case
Justice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case. Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is "egregious marital fault." In this case, the wife's husband of ten years had been convicted of sexually molesting her … [Read more...]
Divorce and College Tuition Expenses for Children (Part 2)
State University of New York (SUNY) At this point in the discussion (refer to yesterday's post for "Part 1" of this article), the attorney for one of the parties usually suggests the parents' exposure for payment of college expenses should be limited to a "SUNY CAP". The SUNY CAP is defined as either the cost of sending the children to one of … [Read more...]
Divorce and College Tuition Expenses for Children (Part 1)
There are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these … [Read more...]
‘Genius’ Not Taken Into Account in Equitable Distribution
Judge Dregger, sitting in Manhattan Supreme Court, denied a very successful private equity firm executive from presenting evidence in a divorce case that he had "unique personality traits" prior to the marriage that allowed him to accumulate 450 million dollars in business assets during the thirty year term of his marriage. Justice Dregger, in her … [Read more...]
