If a spouse wilfully fails to provide financial information during the discovery phase of a divorce action, one remedy may be an order of preclusion under C.P.L.R. §3126. Thus, an August, 2010 decision of the Appellate Division, Second Department, in Raville v. Elnomany, affirmed the preclusion of the husband “from offering financial evidence at
September 2010
Should You Marry a Cop?
As reported in the Washington Post on September 19, 2010, an April, 2010 study in the Journal of Police and Criminal Psychology, debunks the apparent myth that the divorce rate for police officers is higher than the general population. Using data from the 2000 U.S. Census, the study concludes that 16.35% of previously-married Americans…
No-fault Divorce: Has the Price for Being Let Out of Your Marriage Just Gone Down?
Among the opening scenes of Eat, Pray, Love, Elizabeth Gilbert in her memoir has made the decision to leave her husband. She offers to sell the house and split everything 50/50. When her husband rejects this, she offers him a “different kind of 50/50 split. What if he took all the assets and I…
Separate Property Rules Turned Upside Down
It should have been a dead giveaway. Court of Appeals Judge Victoria Graffeo warned us that in Fields v Fields (PDF), New York’s highest court was about to apply public policy principles to “unique facts.” The result: a decision likely to keep Equitable Distribution litigators busy for years to come.
8 years into the Fields’…