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Gary Port

Non-Biological Gay and Lesbian Parents’ Rights

Since marriage equality was enacted the question of the rights of the non-biological gay and lesbian parents’ rights to the child of the married remained unresolved. Under New York Law, a child born during a marriage is presumed to be…

0 Comments / 6 View / February 23, 2018

Don’t Use Spyware in a Divorce

In high conflict divorces it is easy to lose perspective and do really dumb things. One litigant recent literally lost the right to seek millions of dollars in equitable distribution because he bugged his wife’s telephone. The wife, an heiress…

0 Comments / 1 View / February 20, 2018

Changes to the Military’s Former Spouse’s Protection Act 2017

Congress made a big change to the Former Spouse’s Protection Act in 2017. This is a big one. Basically, in a divorce, military retired pay is to be calculated as if the military member retired when the divorce started. Under…

0 Comments / 114 View / November 22, 2017

College Tuition Basics

There is no mandatory requirement that parents pay for college education. So, why do so many divorce agreements have a college clause? Because the court has the discretion to order it. So, in order to protect themselves from what a…

0 Comments / 244 View / July 24, 2016

Should You Hire a Mediator for an Uncontested Divorce?

One of the biggest misconception is that when doing an uncontested divorce the parties only need one lawyer. The main driver for this belief is a desire to save money. Look, I get it, you think that the two of…

0 Comments / 326 View / July 24, 2016

Extending an order of protection

Orders of Protection In New York An order of protection issued by the New York Family Court can be extended on a showing of “good cause.” Ok, let’s take a step back and consider this. Under ordinary circumstances, a Family…

0 Comments / 186 View / February 20, 2016

Post-Divorce Maintenance – For divorces filed on or after January 25, 2016.

There is a new law for for post-divorce maintenance which will apply to all New York divorces filed on or after January 25, 2016. Instead of the 20 factors used for pre-2016 divorces, the New York legislature has given us…

0 Comments / 5643 View / January 16, 2016

Professional Degrees and Licenses are no longer marital property

For all divorces¬†filed on or after January 25, 2016, licenses, degrees, professional goodwill and other forms of enhanced earnings will no longer be considered marital property. This law does not effect divorces currently pending or divorces filed before January 25,…

0 Comments / 738 View / October 4, 2015

Service on a missing party by Facebook

In Divorce and Family law cases the statute generally requires that the other party, wife, husband, mother, father, etc, be served in person. That means the divorce papers or family court petition must be placed in the other person’s hands….

0 Comments / 122 View / September 18, 2014

Gay and Lesbian Child Custody Pitfalls

While the passage of the Marriage Equality Act in New York legalizing gay and lesbian marriages is an important advance in civil rights there are important issues which still need to be resolved. This post will focus on the issue…

0 Comments / 205 View / August 21, 2014