Features

In last month's issue, we highlighted articles from the first half of 2007. Editor-in-Chief Elizabeth Anne "Betiayn" Tursi presents in this issue excerpts from one article from each of the August to December issues.

Features

Who's doing what; who's going where.

Recent rulings of importance to you and your practice.

The Hague Convention establishes four defenses to the return of a child who has been wrongly taken from its habitual residence. A respondent who opposes the return of the child has the burden of establishing by clear and convincing evidence that one of the exceptions set forth in articles 13b or 20 of the Convention applies, and, by a preponderance of the evidence, that any other exception set forth in article 12 or 13 of the Convention applies. This final installment of a three-part article explains.

A common concern for matrimonial litigants is the age-old wish to keep as many marital assets as possible out of the hands of 'that man (or woman).' Attorneys often have to calm their clients and discuss with them the realities of property distribution in this State. Hopefully, the clients listen and agree to proceed according to law. Sometimes, however, divorcing parties resort to self-help methods to try to hide assets from their spouses.

New York remains the only state requiring establishment of fault in divorce, but the Miller Commission last year called for legislation to permit no-fault divorce in New York State. Despite the commission's recommendation and the actual passage of a bill by the New York State Assembly to establish irreconcilable differences as a ground for divorce, legislation enacting this ground has once again become stalled in the legislature.

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Last month's installment addressed working capital issues including client costs advanced and the capital drain of a growing business. The conclusion of this series discusses retirement and risk tolerance.