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We found 820 results for "The Matrimonial Strategist"...

Inadequate Judicial Response to Emotional Abuse
<b><I>Part One of a Two-Part Article</I></b><p>According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.
Divorce and the Undocumented Spouse
<b><I>Part One of a Two-Part Article</I></b><p>Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
NY Divorce and UK Pension Rights
What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.
Home Insurance May Cover Jealous Husband's Attack on Third Party
A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What <I>is</I> unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance.
The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE
The case of <I>Lewis v. Shulkin</I>, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.
Forensic Accounting: When Do You Need It?
Most matrimonial attorneys have heard a client, typically the "out-spouse" in a marriage with a business interest, say, "The books are cooked," or "Personal expenses are being paid by the business," or "The accounting records are fiction." Failing to probe these issues may cost your client a lot of money when the asset division takes place, and may leave him or her dissatisfied with your representation.
NJ's New Child Support Statute
<b><I>Considering the Disabled Child</I></b><p>New Jersey's new child support statute, titled Termination of Obligation to Pay Child Support, became effective on Feb. 1. Under this statute, a child support obligation terminates "by operation of law" when the child turns 19, which termination can be extended until the child turns 23 under certain circumstances and using certain procedures. But what about children with special needs?
Case Notes
Discussion of two key cases.
Cayman Court Facilitates Chapter 11 Restructuring of Parent Company
the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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