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Author Archives: Sara Stout Ashcraft

Help for international custody disputes

As all family law practitioners know, custody disputes tend to be some of the most rancorous proceedings in which we are involved. Interstate custody matters are complicated as we deal with jurisdiction and choice of law issues. International custody disputes ...

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Several family law decisions issued

In decisions filed June 5, the Appellate Division, Fourth Department addressed several rules regarding procedure and statutory calculations in family law matters. Although long-time family law practitioners may feel we know the rules by heart, it never hurts to refresh ...

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Supreme Court weighs in on ERISA

It is rare when matrimonial attorneys are able to cite a U.S. Supreme Court case. As the Supreme Court itself has held, issues involving marriage commonly fall within the province of state law. The court recently issued a ruling on ...

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A same-sex marriage update

On April 16, Gov. David A. Paterson introduced a bill into the state Legislature to legalize same-sex marriage. At this time it is uncertain whether the bill will pass, as it is the same legislation previously introduced by former Gov. ...

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When is cohabitation cohabitation≠

In recent months, there has been a buzz going around matrimonial practice. The New York State Court of Appeals has taken a stand — perhaps more accurately, taken a non-stand — on a word that commonly appears in separation agreements. ...

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New requirements related to custody

Effective Jan. 23, in supreme court matrimonial matters and family court matters involving custody, courts now must review New York’s computerized registry of Orders of Protection and Warrants of Arrest, along with related decisions in child protective proceedings, before issuing ...

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