For most people going through a divorce, their interests in real estate are often the primary assets that need to be divided. Whether it is the marital home, a vacation property, or commercial real estate, most litigants question how they are addressed in a divorce. Like all other assets acquired…
Articles Posted in Family Law
Proving Cohabitation Just Got Officially Easier
Attached is the Decision in Temple v. Temple. I previously wrote about the importance of this decision in which this office created a new and easier standard for a payor of alimony to prove a claim of cohabitation. Although not originally published many prominent attorneys, as well as the American…
Can You Save Your Marriage: The Cultural Divide….
Let’s talk about polarization, which can now be considered a commonly used catchphrase. We see the destructive effects of it everywhere in our culture. Conservatives against liberals, Democrats versus Republicans, Pro-choice versus Pro-life. The list is endless but the rhetoric is similar, “we are right they are wrong,” “we have…
Getting A Hearing When Your Spouse Cohabits Just Got Easier
In a previous blog, I promised that the Appellant Division was going to revisit the proof required to be presented before one could obtain discovery of a dependent former spouse’s social and financial circumstances; as of today June 17th, 2021, the case has been decided although not yet approved for…
Proof Needed to Prove Cohabitation will soon be Clarified….
On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an application from the supporting spouse to terminate alimony based on the cohabitation of…
MONEY CAN’T BUY ME LOVE
In the midst of the continuing global Covid pandemic, escalating tensions in the Middle East, the humanitarian crisis at our southern border, rising gasoline prices and hacking of pipelines, among other events, there was one news report which trumped them all: Bill and Melinda Gates were getting a divorce! Bill…
We Just Made the Law regarding Mid-Marriage Agreements
Consistent with our firm’s position of being a leader in the field of Family Law, we have just received a decision on one of our appeals, meaning it is now law that will be binding for trial courts. The case is, Steele V Steele, and it was approved for publication…
BUT IT’S THE LAW!
This happens with regularity. A new and sometimes even an existing client will tell me about a divorce case involving a friend, relative, or acquaintance that had issues “similar” to theirs’s, and that the judge, in that case, had decided those issues this way or that. They expressed a belief…
Who’s The Boss of Your Divorce?
The care and feeding of the lawyer you hire is an important aspect of divorce husbandry. Too often I hear a litigant complain that their lawyer made a deal or a concession without consultation of the client. Some divorce lawyers take a paternalistic role in the responsibilities of their client,…
HAVE NO FEAR
During one of my recent commutes, I heard a commercial on the radio for a New York law firm talking about people’s “fear” of the divorce process. When I hear the term “fear”, it brings to mind the phrase uttered by FDR to the effect that “the only thing we…