In a case of first impression, an appeals court sitting in New York County, has allowed a non-monied spouse to bring a challenge to set aside what is a standard clause in most prenuptial agreements where each of the parties to the agreement waives claims to have the other party pay their attorney's fee. This Appellate Division (the appeals court) … [Read more...]
High Net Worth Divorces
On today's video blog we are talking about high net worth divorces and how to plan for your divorce: Elliot S. Schlissel is a divorce attorney representing clients in the Metropolitan New York area for more than 35 years. Elliot and his associates handle all aspects of matrimonial law including equitable distribution of assets, spousal … [Read more...]
Mediating Your Divorce
If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues. Mediation, Not Litigation Mediated divorces are not … [Read more...]
Divorce Rates For Women In the Military
Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010. Only 3% of the men in the military were divorced in that year. Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates … [Read more...]
Politics and Marital Fidelity
The personal lives of presidential candidates are quickly subject to detailed scrutiny. Marital infidelity is a topic that the gossip sheets, internet websites and newspapers dwell on. Bill Clinton and Monica Lewinsky There were rumblings during Bill Clinton's first run for the presidency that he had been involved in extra-marital relationships. … [Read more...]
Constructive Abandonment (Sexual Abandonment Denied)
Justice Bruno sits in a Supreme Court located in Nassau County, New York. Last summer he made an interesting decision on a case that was before him. A man brought a divorce lawsuit against his wife. The grounds for divorce was constructive abandonment. (Sexual abandonment by the spouse for a period in excess of one year). The man testified … [Read more...]
New York’s Mandatory Retirement of Judges: A Mistake
New York judges must retire on or before September 31st in the year in which they reach seventy years of age. The statute is a mistake. It should be amended, modified, changed or eliminated completely. Under the current system, judges who reach the mandatory retirement age can obtain up to three extensions for periods of two years. To obtain these … [Read more...]
Divorce Fails, Lack of Proof of Sexual Abandonment
In September of 2010, Justice Bruno, a New York State Supreme Court Judge sitting in Nassau County, heard testimony with regard to fault allegations concerning the issue of constructive abandonment in a divorce proceeding. Constructive abandonment is when one party to a marriage refuses to have sexual relations with his or her spouse for a period … [Read more...]
Lawyer To Be Jailed If He Doesn’t Pay Daughter’s Tuition
John J.P. Krol graduated from Fordham Law School and was admitted to the bar in New York in 1982. He is a practicing attorney. Mr. Krol was married in 1982 and he has two sons and three daughters. In 2008, a year after Mr. Krol started a divorce proceeding, his daughter (only identified in the proceeding as "MK") began attending the University … [Read more...]
