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Gary Port

Divorce and Equitable Distribution Where There Are Hidden Assets, Part II

One of the biggest questions in New York divorce actions involves hiding assets. Many times one spouse controls all the money issues and the other spouse is utterly ignorant of the finances. Other times, property “mysteriously” vanishes without a trace….

0 Comments / 49 View / February 2, 2008

New York Divorce Law Pre-Nuptial Basics, Part II

This post will bring together a number of concepts visited in other posts, particularly the ones on maintenance and equitable distribution. New York divorce law and the law of property distribution can be a little hairy and not all the…

0 Comments / 36 View / January 27, 2008

National Guardsman Loses Child Custody Due to Deployment

Note: This post pre-dated Albany’s uncharacteristic quick action. After this decision was rendered, there was such a firestorm, that Albany put in a quick fix. It is not perfect, but the fix prevents judges from making permanent changes in custody…

0 Comments / 45 View / January 12, 2008

New York Equitable Distribution, The Former Spouses Protection Act and the National Guard

I just settled a strange little divorce in front Judge Kent, in Suffolk County. On it’s face, it was nothing too strange. A forty year marriage, where the only property was a pension and a house. As I explained in…

0 Comments / 151 View / January 10, 2008

New York Divorce Law Prenuptial Basics, Part I

New York divorce law loves agreements. An agreement means no trial, and the issues are resolved. In fact, so strong does the New York divorce law support agreements, that they are pretty impossible to break. There are three basic agreements…

0 Comments / 160 View / December 30, 2007

Landmines In Child Support Part 1

A legal landmine is a mistake that I see people repeatedly make. The mistake is made because the person doesn’t realize he is making it, until it is too late. In New York family law and divorce law, there are…

0 Comments / 84 View / December 25, 2007

Waiting in Family Court

I decided to jot down some of my thoughts about the system while I am waiting for a case to be called. Television and the movies have given people a skewed view of the court system. One thing that always…

0 Comments / 22 View / December 21, 2007

Divorce and Equitable Distribution Where There Are Hidden Assets (part 1)

A frequent issue in a divorce action is proving a spouse‚Äôs assets. For a w-2 employee, this is generally an easy task. Where the issue becomes tricky is where the spouse owns a cash business, such as landscaping, or the…

0 Comments / 72 View / December 1, 2007

Ex Parte Foreign Nation Divorces

Although not as common as they used to be, ex parte foreign divorces are still an issue. By ex parte, we mean the court only had jurisdiction over one party. Back before New York eased, to some degree, its divorce…

0 Comments / 406 View / November 25, 2007

Foreign State Divorces and Equitable Distribution

Foreign divorces can be very tricky, and ultimately very dangerous for the unwary. The problem is that under the New York divorce law, all issues between man and wife must be settled in the divorce. Any issue not resolved or…

0 Comments / 220 View / November 25, 2007