LJN Newsletters

It is not uncommon for a potential divorce client to express the idea that financial concerns, rather than emotional or other marital problems, have led him or her to consult with a matrimonial attorney. The solution may be a postnuptial agreement.

The matrimonial bench and bar and the legislature espouse the common goal of reducing divorce expense, time and litigation, which drain the resources of litigants and courts. Nevertheless, with the best intentions, the courts and legislature sometimes ' and recently ' have issued decisions and enacted statutes that undermine the goal of streamlining divorce.

There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.

Another point of view on this key ruling from the Supreme Court.

Recent rulings of interest to you and your practice.

The latest news of importance to you and your practice.

One author's strong views about Wyeth v. Levine.

In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.