Divorce between two parties with children is emotionally, and often financially, difficult. Divorce can involve many legal aspects: worrying about visitation rights – now known as 'parenting time' – alimony considerations, custody battles and other issues. These matters are further complicated if there is evidence of mental health issues which may … [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...]
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...]
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...]
Autism and the Child – Part III
Private Schools and the Autistic Child Child support in all fifty states in the United States is based on the Child Support Standard Act. This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to. However, private school tuition is not one of the items included as a … [Read more...]
Autism and the Child – Part II
Special Needs For The Autistic Child Autistic children require expensive therapy and special education regimes that are not available in local school districts. This results in additional expenses for families. Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child. Residential … [Read more...]
Autism and Divorce – Part I
Divorce is a common occurrence in today’s world. In some states almost half of the marriages end in divorce. When a married couple has an Autistic child it further complicates the home situation. The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce. Parents of children … [Read more...]
Same Sex Marriages: Rights and Obligations in New York
On June 26, 2011, the Marriage Equality Act was passed in New York. New York became the fifth state to recognize same sex marriages. The Marriage Equality Act states “a marriage that is otherwise valid shall be valid whether the parties of the marriage are of the same or different sex.” The intent of the statute is to allow marriage to become a … [Read more...]
Lie To The Court and Your Divorce Gets Dismissed
Justice Charles J. Markey was recently presented with two cases involving divorces that had similar fact situations. In both cases judgments for divorce had been granted to the parties based on sworn statements that there were no children from the marriages. However in both situations the court eventually discovered that there were children of … [Read more...]
Nassau County Judge Blocks Marriage
Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She … [Read more...]
