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Articles from Related Newsletters
Mother Loses Custody after Tour in IraqThe Matrimonial StrategistA New York appellate court affirmed a family court ruling that granted primary physical custody of a child to his father after the mother went through a period of absence and upheaval starting with her tour of duty in Iraq.
Compensation for Condemnation of Temporary EasementsNew York Real Estate Law ReporterWhen the state condemns a temporary easement that encumbers the frontage of a vacant parcel, but uses the easement for only a fraction of the easement’s total duration, how should the landowner’s compensation be computed?
Rediscovering Chapter 9The Bankruptcy StrategistEven though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases — or, more accurately, proceedings involving the adjustment of a municipality’s debts — are a rarity, compared with reorganization cases under Chapter 11.
The Role of Law Firm TreasurerAccounting and Financial Planning for Law FirmsRecently, we had the opportunity to spend time with two executives, Jeff Hohner, Treasurer for Kirkland & Ellis, LLP and Rick Nietsch, Treasurer of White & Case LLP. These two men are at the forefront of managing the increasingly complex and global fiscal requirements of today’s leading law firms.
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Headlines
For Whom the Pre-Nup TollsAs the matrimonial bar knows, there has long been a dichotomy between the first and second appellate departments on the issue of prenuptial agreements and the tolling of the statute of limitations. This difference was supposed to be eliminated by the enactment of Domestic Relations Law (DRL) 250, which became effective as of July 3, 2007. A review of the statute on its face seems to make the issue crystal clear — the statute of limitations on prenuptial and postnuptial agreements is tolled during an intact marriage. A review of the session law, however, muddies those waters.
Ruling Adverse to Foreign Same-Sex Union Is VacatedIn vacating a lower court ruling, the Appellate Division, Second Department, at the end of March, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions. To prevent the lower court’s ruling from being “used as a precedent in future cases,” a unanimous panel in an unsigned opinion vacated a Long Island judge’s 2006 decision that denied recognition to a gay couple’s Canadian marriage.
The Marital ResidenceIn matrimonial litigation the marital residence often constitutes the parties’ most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month’s issue, we discuss separate property credits.
NJ & CT NewsRecent happenings that may affect your practice.
Decisions of InterestRecent rulings of interest to you and your practice.
May Issue in PDF Format
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