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Author Archives: Sara Stout Ashcraft

GRAWA needs you … to become an active committee member

GRAWA is an acronym for the Greater Rochester Association for Women Attorneys. In order for GRAWA to live up to its mission, we need members to become actively involved. One of the best ways you can become involved quickly is ...

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Time requirements frequently encountered by matrimonial attorneys

Although matrimonial practitioners rarely deal with the dreaded statute of limitations, we do have to comply with various time requirements for pleadings and disclosure. Time requirements frequently encountered in matrimonial law follows. Disclosure u&#160Demand for Bill of Particulars: Although not ...

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A Different Kind Of 'Mini-Bar'

To help get over the winter blahs, here’s a quiz on matrimonial and family law that can help you kill some time as you are waiting for your case to be called. 1. In an unusual time requirement, the Family ...

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Distribution Of Property In A Divorce

Matrimonial practitioners in New York are so attuned to the application of equitable distribution in divorce cases that we often simply refer to it as “236B.” Despite the fact that Section 236B of the Domestic Relations Law (DRL) involves much ...

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New York's Restriction On Remarriage

For many years, most American jurisdictions put restrictions on parties to a divorce entering into marriage with other people. There seems to be at least two reasons for these restrictions, one practical and one moral. The practical reason is that ...

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An 1893 Matrimonial Case: Breaking Up In The 'Good Old Days'

What follows is the decision in an 1893 matrimonial case, Keyes v. Keyes, 6 Misc 355 (Superior Ct., Equity Term). In light of the practice of matrimonial law today, it is interesting to reflect on what it was like in ...

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Examining 'The Case Of The Lying Client'

Ethics opinions are like insurance coverage. You usually don’t think about the particulars until something has happened. By that time, of course, it may be too late. The ethics opinion discussed below involves one of stickiest situations faced by matrimonial ...

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A Child's Right To Independent Counsel

Family law practitioners are accustomed to having the court appoint a law guardian to represent the children in a custody dispute. It is far less common for a child to retain his or her own counsel to represent the child’s ...

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What Is The Standard For Child Support Modification≠

Family law practitioners know the standards for child support modification set forth by the New York State Court of Appeals: “Unless there has been an unforeseen change in circumstances and a concomitant showing of need, an award for child support ...

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A Look At The Indian Child Welfare Act

Although family law practitioners are often involved with child custody and related issues, many of us are essentially unaware of a law, ignorance of which could result in serious consequences. This law is the Indian Child Welfare Act of 1978 ...

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