NY Daily Record Since 1908

Have you ever had a client who was so angry or so hurt by his or her spouse’s infidelity that you were asked to file an action against the spouse’s new partner for alienation of affection?

Tagged with: Matrimonial Matters

Estoppel is an equitable remedy that bars “a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers or by his own deed or representations, express or implied.”

Tagged with: Matrimonial Matters

Recently the media have been abuzz with stories on the adoptive mother from Tennessee who allegedly placed her child, alone, on an airplane back to Russia with a note saying that he had behavioral problems and the adoption was not working out.

Tagged with: Expert Opinion Matrimonial Matters

As I started to write this month’s column, I learned news of an important appellate decision. Although I had planned to write a review of recent Fourth Department cases, the decision handed ...

Tagged with: Expert Opinion Matrimonial Matters

A recent decision handed down Feb. 11 by the Appellate Division, Fourth Department is worth reviewing. The divorce case addresses circumstances of restricted visitation ...

Tagged with: divorce Matrimonial Matters

Although many — if not most — family law cases involve both black letter law and fact-driven analyses, it is interesting to find a case that is controlled primarily by one of these influences. Following are two such cases recently ...

I do not claim authorship of the filing below — the Internet is full of various versions. After the rush of drafting and filing last minute judgment rolls, matrimonial lawyers deserve a break and a chance to enjoy some lighthearted ...

Last month a domestic violence bill passed by the New York legislature was signed into law by Gov. David A. Paterson. The legislation changes the Family Court Act, Domestic Relations Law and Criminal Procedure Law to beef up provisions against ...

My August column detailed two recently passed statutory changes affecting matrimonial practice. The New York Legislature has been busy, and three additional family law statutes have been enacted. DRL 236B changes Additions were made to two sections of DRL 236B, ...

The state legislature has been very busy tinkering with the Domestic Relations Law this year, and the changes affect the day-to-day practice of matrimonial lawyers. Following is a summary of two recently instituted statutes: Automatic restraining orders Matrimonial attorneys in ...

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 ...

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 ...