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

Making Prenuptial Agreements 'Bulletproof'
Can prenuptial agreements be made "bulletproof," that is, immune from the challenges and vagaries of litigation? Perhaps not entirely, but with certain precautions, many of those agreements can be made more invulnerable.
Litigation
Discussion of two recent notable cases.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
<b><I>Part One of a two-Part Article</I></b><p>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 by what some loosely refer to as "modern trust drafting."
An 'Extra Parent': NY Law Can Accommodate That Situation
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 child. Now comes a new twist: custody of a boy born after three people decided they wanted to have a child.
Common Law Marriage
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.
Immigration Status, Divorce and Removal: What Is the Standard of Review?
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
<b><I>The Swinging Pendulum</I></b><p>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 to as "alimony reform."
Essential Foundations of Preparedness for Procedures in the Divorce Process
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 at some of the practicalities of matrimonial practice and procedure in today's environment.
Litigation
Discussion of two recent rulings of interest.
Expert Witnesses: Observing the Limits of Expertise
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.

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  • The 'Sophisticated Insured' Defense
    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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