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Delay tactics and Equitable Distribution

One question I get asked quite frequently is: if my spouse plays games in the divorce, can the court punish he/her by giving me the house?   To put that question is legalese: can the court alter the equitable distribution…

0 Comments / 215 View / November 25, 2007

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OLD LAW:Professional Licenses

This post applies only to divorces filed before January 25, 2016. For all divorces filed on or before January 25, 2016, the law has changed. Licenses and degrees will no longer be considered part of the marital estate. This law…

0 Comments / 95 View / November 4, 2007

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Custody during Mobilization or Deployment

Military divorces have unique problems and issues. Perhaps, the most common issues revolve around custody and visitation. A military divorce must address issues of cross and out of state visitation, travel and visitation in foreign countries and the issues created…

0 Comments / 111 View / October 18, 2007

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Basic Maintenance/Alimony Law in New York Divorce Law

One of the big questions I get asked about is alimony. Generally, the question is either “Do I have to pay alimony?” Or “Can I get alimony?” The problem is that there is so much misinformation out there. From television…

0 Comments / 1236 View / October 15, 2007

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New York State Pension Rights for Same Sex Couples

As I have stated elsewhere, the issues regarding homosexual marriages changes faster than I can post. This post is obsolete, but I am keeping up because as a tribute the courage and fine work of Tom DiNapoli.  Since homosexual marriages…

0 Comments / 38 View / September 29, 2007

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Equitable Estoppel And Paternity

In an earlier posting, I discussed a legal concept known as “equitable estoppel”. This is principal which allows a court to declare that a man is the legal father, even though is not the biological father. Recently, Judge Richard Lawrence,…

0 Comments / 248 View / September 29, 2007

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Parental Alienation

Judge Richard Lawrence, Family Court, Nassau County, noted in Matter of FS-P v. AHR, published in the New York Law Journal on August 31, 2007, that “a court may suspend a non-custodial parent’s duty to provide child support after a…

0 Comments / 87 View / September 29, 2007

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Divorce and Equitiable Distribution of Professional Degrees and Licenses

Doctors, lawyers, dentists and other professionals face unique challenges under New York Divorce law. Under the New York equitable distribution law, all property acquired during marriage is subject to division. The courts have interpreted that to mean that degrees, licenses…

0 Comments / 49 View / September 25, 2007

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Paternity by Estoppel

Under New York Family law, it is possible for a non-biological father to be declared the parent. This is called equitable estoppel. The purpose of this rule to is protect a child who has been raised to believe that a…

0 Comments / 290 View / September 23, 2007

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Orders of Protection

In cases of Domestic Violence, often the first place people go is the Family Court. The New York Family Court is the prime dispenser of these orders within families; although, the criminal, county and supreme courts also have the authority…

0 Comments / 62 View / September 18, 2007