As an office with a large matrimonial/family law practice, we often work with both out-of-state clients, as well as in-state clients whose spouse has moved out of state, where custody of the children is an issue. There are a number of laws in New York relating to whether New York has jurisdiction to handle a couple's divorce, the child custody … [Read more...]
N.Y. Validates License-less Religious Marriages But Not N.J., Unless…
Prof. Howard M. Friedman, at the Religion Clause blog, has posted another very interesting case relating to New York Domestic Relations Law. He reported on the case of Matter of Farraj, decided by the Surrogate's Court in Kings County last week. In that case, Rabaa M. Hanash, the decedent Daoud Farraj's wife, petitioned the court for an accounting … [Read more...]
Are Non-Modifiable § 516 Non-Marital Child Support Agreements Unconstitutional?
As an office that has a very strong Matrimonial and Family practice, it is with great interest that we read Noeleen Walder's recent article in the New York Law Journal ("NYLJ," subscription required). She reported that the current non-modifiable status of § 516 child support agreements for non-marital children, may soon be changing. Child Support … [Read more...]
New York Court Grants First Lesbian Divorce
Our office practices a great deal of matrimonial law, so it is with great interest that we read about a Broome County New York Supreme Court justice who just granted Lauren Wells-Weiss and Shari Weiss (married in Canada) a divorce. By doing so, it implicitly also recognized the fact that they were initially married, the first time this has … [Read more...]
When Can the Non-Custodial Parent Attach a Divorce Decree to Get Tax Exemption?
Many non-custodial parents think that they can get the child tax exemption that they are entitled to (based on I.R.C. § 152(e)2)) pursuant to their divorce decree by simply attaching the divorce decree to their tax return. People try this use the divorce decree in lieu of IRS form 8332 because they are either hesitant or feel unable to have that … [Read more...]
The Kidney is Not Marital Property!
Vess Mitev, star reporter at the New York Law Journal, reported on the decision of a Nassau County Court Referee issued this past Tuesday on the Batista v. Batista "Kidney Case." As has been widely reported, Dr. Batista, a surgeon, donated a kidney to his wife in 2001. Now that they are getting divorced (with the case already dragging on for four … [Read more...]
