The Appellate Division of the First Department of the State of New York, an appeals court, recently overruled a decision of Manhattan Family Court Referee Ivy Cook which denied a mother's request to relocate herself and her child to Mississippi. In her application the mother claimed that she could not support the child "beyond the subsistence … [Read more...]
Uncontested Divorce
The filing of an uncontested divorce can save the spouses to a marriage thousands of dollars, avoid a potentially aggravating lengthy dispute, and allow the parties to the marriage to move forward with their lives relatively quickly. Contested divorce proceedings are much more expensive, involve court appearances, and can be very emotionally … [Read more...]
History Lesson On Marriage
Marriage was originally a way for families to make alliances with each other. In addition, marriages were used to expand the family labor force. Alliances even within families were common. In the Old Testament, Isaac and Jacob married cousins. In many parts of the world, marriage between cousins still is common. This is particularly true in many of … [Read more...]
Financial Advice for Women Facing the Divorce Process
From time to time we all have some challenges. Such as holiday preparations, shopping, family holidays celebration and so on. One of the biggest problems for some people is the problem of the marriage finishing. This question is faced by some people regardless of the year time, during the holidays or in the customary weekday. Perhaps you have been … [Read more...]
Parental Alienation of Children
Parental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will … [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...]
Post-divorce Parenting Issues
Your divorce is over. Does this mean all parenting issues have been resolved? Hopefully, this is true. But life is not static. Children grow older and develop new, unanticipated issues. Parents' relationships change. Financial situations for both the custodial and non-custodial parent are impacted by employment interruptions, physical problems and … [Read more...]
A Practical Guide to Prenuptial Agreements
Men and women marry, generally speaking, because they are in love. At the time of marriage couples rarely think about getting divorced. Divorce isn't romantic. Marriage certificates are not supposed to have expiration dates built into them. However today, divorce is much more common than it was in the past. Do you need a prenuptial … [Read more...]
Religious Court Could Not Make Decisions Concerning Custody And Visitation
Judge Daniel Palmieri, sitting in a Supreme Court part handling matrimonial matters in Nassau County, New York, recently vacated the decision of a Beth Din determination and award. Beth Din is a Jewish Religious Court. The parties in this case had entered into a written agreement to arbitrate financial issues related to the marriage before the … [Read more...]
Extreme Hardship The Standard To Suspend Maintenance (Alimony) Payments
Justice Dollinger, sitting in the Supreme Court in Monroe County, recently suspended a man's spousal maintenance (alimony) because he found it would be "an extreme hardship" for him to continue to make these payments. Justice Dollinger stated in his opinion in the matter of Platt v. Platt, 2012 N.Y. Slip Op. 51583(U), "[w]e debate 'extreme … [Read more...]
