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...]
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...]
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...]
New No Fault Divorce Law Eliminates the Need for a Trial
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 on … [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...]
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...]