Historically, courts favored giving custody of young children to mothers. There were several doctrines which were utilized as the basis to support giving mothers custody of young children. This doctrine was known as either the "tender years doctrine" or the "maternal preference doctrine". The basis for this legal theory favored giving mothers … [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...]
Mother Seeks to Keep Children Away From Killer
In 1991, Kristine Cushing killed her four and eight year old daughters. She was tried for these murders and found not guilty by reason of insanity. Her defense counsel claimed that she murdered her children due to a bad reaction to Prozac. Kristine spent four years in a mental institution. In addition, she had ten years of psychiatric monitoring. … [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...]
Getting Divorced During an Economic Downturn
The financial crisis in the United States is causing tension within families. Financial problems can be the cause of a divorce. In most marriages the family home is the largest asset. The decline in home values over the past three or four years has resulted in many homes being worth less than the mortgages on them. Postponing Divorce Recent … [Read more...]
3,250 Collective Years of Marriage
A vow renewal ceremony was held at Harbor Links Golf Course in Port Washington, New York, to celebrate Valentine's Day. The event marked the fourth time Rose and Nick Capobianco, both 89 years of age, had renewed their wedding vows. Rose and Nick have celebrated 68 anniversaries of their marriage. They have renewed their vows on the 25th, 50th and … [Read more...]
Task Force Created to Investigate Family Courts
Steven P. Younger, Esq., the president of the New York State Bar Association, has recently formed a task force to look into the numerous problems and difficulties facing the Family Courts in the state of New York. President Younger has put together individuals with expertise in diverse areas for the purpose of conducting a study as to how to … [Read more...]
Prenuptial Agreement between American Male and French Woman
Judge Kaplan, sitting in the Southern District of New York (a federal court), was recently presented with an issue as to whether the United States or France should interpret the terms of a prenuptial agreement. The wife in this situation was a citizen of France. The husband was a citizen of the United States. They had entered into a prenuptial … [Read more...]
Is Marriage Becoming Obsolete?
A recent study found that four out of ten Americans think marriage is obsolete. This same study also showed that attitudes have been changing concerning gay relationships and gay marriage. Today, an unwed couple can be the definition of a family situation. Since the 1970's, there has been a significant increase in the number of Americans who … [Read more...]
