• Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

    May 02, 2017 |

    Part One of a two-Part Article

    Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated b

  • Common Law Marriage

    May 02, 2017 |

    Why do so many misunderstandings about common law marriage persist? In an age where more couples say "I don't" than "I do" to traditional marriage, this article offers some points to consider.

  • An 'Extra Parent': NY Law Can Accommodate That Situation

    May 02, 2017 |

    We have seen surrogate mothers seek custody of children they carried for couples who provided their own egg and sperm; same-sex co-parents fight for visitation rights with children with whom they have no biological or adoptive connection; and grandparents argue that they are the "real" parent to a c

  • Immigration Status, Divorce and Removal: What Is the Standard of Review?

    April 02, 2017 |

    Although immigration law need not be an area of expertise in a family law practitioner's toolbelt, it doesn't hurt to have some knowledge of the ins and outs of this system when presented with a client facing possible removal from the United States because a marriage was short-lived.

  • Current Trends in Alimony Laws

    April 02, 2017 |

    The Swinging Pendulum

    Since the time that fault-based divorce fell into disfavor, and no-fault divorce became commonplace, there have been significant ebbs and flows in the nationwide trends of alimony. Now there has been yet another trend in alimony nationwide, commonly referred t

  • Essential Foundations of Preparedness for Procedures in the Divorce Process

    April 02, 2017 |

    The release of the January 2017 Report of the New York Chief Administrative Judge's Matrimonial Practice Advisory & Rules Committee (MPARC report) provides the stimulus for reflection on the manner in which divorce lawyers process their clients' case matters. Thus, it seems appropriate now to look a

  • Litigation

    April 02, 2017 |

    Discussion of two recent rulings of interest.

  • Expert Witnesses: Observing the Limits of Expertise

    March 01, 2017 |

    Life-altering opinions are also being offered by file reviewers (work product reviewers), some of whom seem to be oblivious to, or unconcerned about, the inherent limitations of a file reviewer's data.

  • Standing to Seek Visitation and Custody
    New York Expands Definition of 'Parent'

    March 01, 2017 |

    In a recent case, New York's highest court held that, where it is shown by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing, as a parent, to maintain a proceeding pursuant to Domestic Rela

  • Bias in Custody Evaluations

    March 01, 2017 |

    Evaluator bias can interfere with the noble goals of effective and reliable forensic work and lead to the court being misled.