Category : Procedure


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 / 251 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 / 117 View / February 20, 2016


The Child’s Lawyer – The Role of the Law Guardian (now called “Attorney for the Child”)

The role of the child’s lawyer, previously known as the law guardian, now called “the attorney for the child” is very confusing, not only to parents, but the judges, lawyers and even to the law guardians. Recently, the role has…

0 Comments / 659 View / March 22, 2009


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 / 94 View / August 11, 2008


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 / 122 View / June 12, 2008


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 / 20 View / December 21, 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 / 380 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 / 195 View / November 25, 2007


Getting a Divorce From A Missing Spouse

I get a surprising number of telephone calls from people asking if they can get a divorce in New York, even if they cant find their spouse. The answer is “yes” but the process involves some extra steps. Under the…

0 Comments / 84 View / August 25, 2007