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Dealing with Emotions and the Law

By Elliott Scheinberg

Unique to matrimonial litigation is the collision of law and emotion. Malevolence and other primal drives often fuel the process, whether deservedly or not. Irrespective of its origin, emotion must be defused (or backed up) with law.

Furthermore, a common dilemma attendant to matrimonial litigation, which has been bemoaned by appellate justices from the First Department, is that the matrimonial bar, unlike the criminal or personal injury bar, lacks an intimate knowledge of the rules of evidence. The most oft-heard canard in the matrimonial courtroom is: “There's no jury. I'll take it for what it's worth.” The truth is that the rules of evidence are very much alive in matrimonial litigation. Knowing how to present a case is as important as knowing what to present.

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