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As a general rule, the death of one party during the pendency of a divorce action causes the action to abate because the martial relationship between the parties sought to be dissolved no longer exists. See Cornell v. Cornell, 7 NY2d 164, (N.Y. 1959), motion to amend remittitur granted, 7 NY2d 987 (N.Y. 1960). The rationale for this rule is that the cause of action for a divorce is personal to a party. See Peterson v. Goldberg, 180 AD2d 260 (2nd Dept. 1992).
The author concludes this three-part article with more suggested arguments for saving a temporary maintenance agreement that does not contain the language and recitations required by subdivision 5-a(f) of DRL ' 236B.
Analysis of key rulings of important to New York family law practitioners.
Discussion of a case involving a violation of the ban precluding an attorney from providing a copy of the forensic report to a client -- and what the subsequent ruling means to family law in New York,
A look at what's happening in neighboring states.