Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller's decision is an interpretation of New York's year old No Fault Divorce Law. The Judge's decision interprets the legislature's intent … [Read more...]
No Fault Divorce Denied to Father
Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months. Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision … [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...]
Track Your Cheating Spouse With iPhone Application
There is a new application for the iPhone 4S. This application can track people. An interesting case involves a man who purchased a new iPhone 4S for his wife and loaded the "Find my friends app" onto her phone without her knowing about it. He had been suspicious about her meeting another man for liasons. She told him she was going to one place and … [Read more...]
Problems Men Face in Family Courts
Have men's rights in Family Courts become a civil rights matter? Do men need to band together to protect their rights that are being abused in Family Courts? Is there an inherent bias against men in the Family Courts? Do Family Courts make presumptions that have a negative effect on men's rights? Women as Nurturers Prior to 1989, there … [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...]
Joint Custody Modified, Father Given Temporary Custody of Both Children
Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular … [Read more...]
Hiring the Right Divorce Lawyer
Divorces are very personal legal proceedings. You need a divorce lawyer who you have faith in, who is reliable and who you can trust. How do you decide that you have the right lawyer to represent you? Here are some suggestions: 1) Is your attorney familiar with the local court practices and procedures? Things are handled differently in different … [Read more...]
Jobs, Money and Marriage
As the economy falls back into recession, monetary issues will become more significant to American families. Men and women will argue even more about financial issues. Losing Your Job When the primary bread winner loses his or her job, it creates an enormous amount of stress. The job market impacts on all aspects of family life. It becomes an … [Read more...]
Husband Jailed for Failure to Comply With Settlement Agreement
Supreme Court Justice Bruno, sitting in Nassau County, recently put a man in jail because he did not comply with the terms of the Stipulation of Settlement. The settlement agreement required that the father maintain a $2,000,000 life insurance policy. The wife and the other children were to be the irrevocable beneficiaries. The wife waived various … [Read more...]
