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The release of the January 2017 Report of the New York Chief Administrative Judge’s Matrimonial Practice Advisory & Rules Committee (MPARC report), chaired by New York Supreme Court Justice Jeffrey S. Sunshine, provides the stimulus for reflection on the manner in which divorce lawyers process their clients’ case matters from the moment that the potential client first walks through their office doors. Thus, it seems appropriate now to look at some of the practicalities of matrimonial practice and procedure in today’s environment. What follows may strike experienced, diligent divorce lawyers as elementary, but it bears review from time to time as one’s law practice develops and evolves, along with changes in the substantive law and in the procedures and rules applied by our courts. This is the same “back to basics” to which good lawyers, like star athletes, should periodically return.
By Matthew A. Feigin
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
By Laurence J. Cutler and Alyssa M. Clemente
Part Two of a Two-Part Article
According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
By David Bliven
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.