Category : Gary’s Blog

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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 / 114 View / September 18, 2014

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Police Pensions and Fire Department Pensions

In a divorce splitting the police pension or fire department pension is generally not that difficult. Equitable distribution of pensions is fairly simple under New York, except when the disability pension is involved. Starting at the beginning, police and fire…

0 Comments / 2308 View / December 15, 2013

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Same Sex Marriage is Now Legal In New York

Governor Cuomo signed into law the marriage equality act. Basically, it means that ” MARRIAGE THAT IS OTHERWISE VALID  SHALL BE VALID REGARDLESS OF WHETHER THE PARTIES TO THE MARRIAGE ARE OF  THE SAME OR DIFFERENT SEX.” Furthermore, “NO GOVERNMENT…

0 Comments / 38 View / July 8, 2011

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Privacy and Computers In a Divorce

There was a recent decision reported in the New York Law Journal, August 8, 2008 that shows how computers, used unwisely, can damage your position in a divorce. Justice Evans, in New York county, ruled that information found by the…

0 Comments / 90 View / August 11, 2008

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The Common Law Marriage Trap and 50 Cent

Hip hop star 50 Cent recently was the victim of a judicial drive-by shooting. 50 Cent has been engaged in a high profile family court action in Suffolk County, New York with his former live-in girlfriend and mother of his…

0 Comments / 114 View / June 12, 2008

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Equitable Distribution of Post Office Pensions Under New York Divorce Law

As I have pointed out else where, under New York divorce law, pensions earned during marriage are subject to equitable distribution. However, since there are a variety of different pensions available from the multitude of employers, the rules are not…

0 Comments / 70 View / April 6, 2008

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Same Sex Divorce – Same Sex Marriage? Trends In New York Divorce Law

This posted has been superseded by the new Marriage Equality statute. But, it is left up for the interest of people who want to see the evolution of the law in this area. The area of Same Sex marriages has become…

0 Comments / 55 View / March 2, 2008

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Child Custody Cases and the Cost

My father, God rest his soul, had a sign over his desk which read “In the law, nothing is certain but the expense.” He told every client that walked in that the sign was not a joke. That sentiment is…

0 Comments / 519 View / February 4, 2008

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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 / 40 View / January 12, 2008

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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 / 129 View / January 10, 2008