In a case before Justice Stacy Bennett sitting in a Divorce Part in Nassau County, a wife brought a divorce lawsuit against her husband. They had been married in 2001. Issues involving parental access, grounds, custody, and all other issues had been decided by the court. The issue presented to Justice Stacy Bennett was whether a personal injury … [Read more...]
The Grounds For Divorce in New York
Irretrievable Breakdown of the Marriage The newest ground for divorce is a no fault ground. This no fault ground is used in the large majority of divorce cases today. It simplifies the divorce process because it is a ground which does not usually have an available defense to it. The ground specifically states the relationship between the spouses … [Read more...]
Ashley Madison Data Going Public Causing Rising Divorce Rates
Hackers recently posted the names, addresses, partial credit card numbers and email addresses of the large majority of almost 40 million users of the Ashley Madison website. The Ashley Madison website acts as a center for individuals seeking to cheat on their spouses to meet other individuals who seek to cheat on their spouses through the internet. … [Read more...]
Father Denied Sole Custody But Should Be Allowed Parenting Time With The Children
A father had brought an application to the Family Court seeking a modification of a custody order. Father and mother had initially stipulated the mother would have sole legal custody of the children and the father would have parenting time. Father thereafter brought a proceeding to change physical custody of the children from the mother to him. He … [Read more...]
VIDEO: A Billion Dollar Divorce
Watch today's video blog where we are discussing a Billion Dollar Divorce: Elliot S. Schlissel is a divorce attorney with more than 45 years experience representing clients in all aspects of matrimonial law. He prepares prenuptial and post nuptial agreements. Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email … [Read more...]
Husband’s Down Payment to Purchase Home Considered Separate Property
In a recent decision, the Appellate Division of the Third Department, an appeals court, has upheld a Supreme Court decision which found the down payment a husband used to purchase the marital residence was the husband's separate property. The Case The parties to a marriage purchased a home 5 months after they were married. At that time, the … [Read more...]
Marriage and Divorce Attitudes of Americans
Watch today's video blog where we will be talking about the Marriage and Divorce Attitudes of Americans: Elliot S. Schlissel is a family law attorney with more than 45 years of experience representing clients in all types of family law matters. He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email … [Read more...]
An Historical Perspective of Mother’s Custody Rights Concerning Their Children – Part I
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...]
Child Custody Lawyer – Part II
Custody Litigation Unfortunately, sometimes parents are unable to work out reasonable, amicable parenting arrangements out of court. When this happens, custody litigation ensues. Under the law in New York today, both parents technically have equal rights to custody of their children. Many parents who come into my office have the misconception … [Read more...]
Child Abduction Cases
Parents abducting one or more of their children is a growing phenomena in the United States. Child abduction situations both within the country and outside of the country are crimes. Child abduction can be defined as the unauthorized taking of a child from the custodial parent. The rate of child abduction is increasing in the United States. It is … [Read more...]
