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

When a Same-Sex Couple Separates
This article discusses a more equal road to succession in New York's regulated apartments after <i>Obergefell v. Hodges</i>and the Marriage Equality Act.
Child-Support Judgments Beyond U.S. Borders
The whole purpose behind the Uniform Interstate Family Support Act (UIFSA), adopted, for example, as Article 5-b of the New York Family Court Act (FCA), is to make the process uniform, cheap and easy to register and enforce support judgments from different states. But what about a cross-border award?
Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making
Frequently, evaluators will offer expert opinions to the court to limit a parent's access to his or her children. The authors claim that many evaluators do not adequately consider the profound constitutional issues involved in such recommendations, and routinely offer opinions that have little support in the underlying data from which such recommendations and opinions are based.
<b><i>Pfannenstiehl</i></b> Reminds Practitioners to Plan Trusts Carefully
A recent Massachusetts case reminds practitioners of a number of important considerations in planning for trusts to minimize the risks of their being breached in a matrimonial action. Several suggestions on how practitioners might be able to mitigate these risks, even for existing trusts, are included in this article.
How to Win a Hague Convention Child Abduction Case
Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally.
Case Notes
A look at a case in which a husband forfeited his spousal share of the marital estate.
Virtual Visitation Revisited
Today, with high-speed Internet and Wi-Fi options, many parents and children can use ever-advancing technology that allows them to communicate with each other using "face technologies." Have the courts caught up to this concept?
Binding Arbitration in Divorce Cases
More often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues.
CT Court System Has Put GAL Training Sessions on Hold
Connecticut attorneys who would like to add guardian ad litem work to their practices need to undergo training first, but the state hasn't offered it in over two years and no new training sessions are scheduled.
Alienation: The Evolution of a Controversial Construct
Alienation, as a concept, has been through many twists and turns over time with respect to its definition and whether or not it should be considered a diagnostic "syndrome.

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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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