Elliot S. Schlissel is a family law attorney. He can be reached at 516-561-6645 or by email at elliot@sdnylaw.com … [Read more...]
The Problems with Do It Yourself Divorces
Elliot S. Schlissel, Esq. can be reached at 1-800-344-6431, or by email at: schlissel.law@att.net … [Read more...]
Prenuptial Agreements and Social Media Issues
The standard prenuptial agreement which has been utilized by lawyers in New York for more than a hundred years usually deals with financial issues. The issues involve how much, if any, spousal maintenance there will be in the event of a divorce. How property will be equitably distributed in divorce situations? What is separate property and what is … [Read more...]
Setting Aside a Prenuptial Agreement
Prenuptial agreements are becoming more common in marriages. This is especially true in second marriages. Individuals who have gone through difficult divorces in their first marriage are more likely to desire to have a prenuptial agreement to simplify matters should they divorce in their second or third marriages. Form Documents and Internet … [Read more...]
Same Sex Partner Denied Custody
Judge Edmund Dane sitting in the Family Court in Nassau County on July 25, 2014, rendered a decision of first impression involving two women in a same sex relationship. The women's names were Jamie and Jan. Jamie had brought a motion to dismiss ex-wife Jan's application to the court seeking joint custody of the parties' child, John. She argued … [Read more...]
Governor Cuomo Approves New Domestic Violence Prosecution Statute
Governor Cuomo recently signed into law a bill which redefines stalking and aggravated harassment as crimes in New York. The statute goes into effect 90 days from Wednesday, July 23, 2014. Court of Appeals Sets Aside New York's Aggravated Harassment Statute In the case of People v. Golb, 2014 N.Y. Slip Op. 03426, the New York Court of Appeals … [Read more...]
Can I Modify the Child Custody Order?
Child custody orders are modifiable. However, you must establish a specific basis for the modification of the child custody order. It is important to understand if your current custody arrangements are working out well, courts are hesitant to make changes. This will put a significant burden upon you to demonstrate there has been a significant … [Read more...]
Divorce Lawyer
What should you look for in a divorce lawyer? A divorce lawyer should be someone who can counsel you. It should also be someone who can lay out a road map as to the strategy concerning how your case should be handled. Laying out a strategy in a divorce involves sophistication and knowledge as to how the courts look at a case and how to apply case … [Read more...]
New York’s Criminal Harassment Statute Declared Unconstitutional
On May 13, 2014, the New York State Court of Appeals (the highest court in New York State), declared New York's criminal harassment statute, Penal Law section 240.30(1)(a) unconstitutionally vague and over broad. Under the statute it is a misdemeanor to "harass, annoy, threaten or alarm" another person either in writing or verbally if it was … [Read more...]
Changing Divorce Lawyers
Divorce cases are unique. They can be emotionally gut wrenching litigation. An attorney representing you in a divorce case should be communicative and experienced with regard to divorce law. In addition he or she should be someone you have faith in. You will be forced to rely on your divorce lawyer should your case become acrimonious. Your divorce … [Read more...]
