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Homosexual Divorces issue – Rights of the Gay and Lesbian Community

The gay and lesbian community have seen a number of ups and downs in the past few years on the issue of gay marriage. Gay marriage has become a hot topic, not just in politics but with the courts. I…

0 Comments / 51 View / February 7, 2009

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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 / 94 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 / 122 View / June 12, 2008

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Adultery Myths And New York Divorce Law

Before October 2010, when No Fault divorces became available, in order to get a divorce in New York, you had to prove marital fault. New York recognizes adultery as one ground to obtain a divorce. However, adultery, as a basis…

0 Comments / 8705 View / May 31, 2008

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Not your Mother’s SBP

I’ve never been a big fan of the Suvivor’s Benefit Plan (SBP). As you may know, military retired pay ends on the dead of the retiree. Unlike a 401K or IRA, there is no bank account with money in it….

0 Comments / 77 View / May 23, 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 / 73 View / April 6, 2008

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Adultery and Equitable Distribution Under New York Divorce Law

Under The New York Law, Adultery by A Spouse Will Not Effect Equitable Distribution No, you don’t get the house if s/he cheated on you. One of the most frequent questions I get asked is: “If my spouse cheated on…

0 Comments / 434 View / April 6, 2008

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

This posted has been┬ásuperseded 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 / 58 View / March 2, 2008

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Tax implications for Military Retired Pay

Before I start, let me state that I am not an accountant or tax attorney. Do not make any decisions regarding taxes based upon this posting. Discuss any tax plans with your accountant. In a recent decision by the U.S….

0 Comments / 139 View / February 14, 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 / 566 View / February 4, 2008