Divorce: New York

Divorce: New York

Category Archives: Divorce

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Divorce And The Midlife Crisis

Posted in Divorce
I have no statistics, but it certainly appears as if a disproportionate number of the people consulting me are 43 to 46 years old husbands. I consider that the age of the male midlife crisis. I must count myself among that group. However, a recent article in the March/April 2015 issue of Scientific American Mind… Continue Reading

Divorce: Hard Choices

Posted in Divorce
In this week’s Ted Talk, Ruth Chang discusses hard choices. Soon after finishing Harvard Law School, Dr. Chang regretted her decision and switched paths. She received her doctorate in philosophy at Oxford University, and is now a professor at Rutgers focused on choice, freedom, value and action. For Dr. Chang, “understanding hard choices uncovers a… Continue Reading

Invalidity of Licenseless Mexican Marriage Calls For Dismissal of New York Divorce Action

Posted in Defenses, Divorce, Statutes, Tax Matters
New York’s Domestic Relations Law §25, enacted in 1907, provides that a marriage is valid, even in the absence of a marriage license, if it was properly solemnized. However, New York County Supreme Court Justice Matthew F. Cooper, in his May 29, 2014 decision in Ponorovskaya v. Stecklow held that D.R.L. §25 could not be used… Continue Reading

Bigamist Wife Denied Temporary Maintenance Because of Yet Another Marriage

Posted in Divorce, Temporary (Pendente Lite) Relief
“Chutzpah” may be defined as audacity (wikipedia); or unmitigated effrontery, impudence or gall (urbandictionary.com and dictionary.reference.com). Perhaps Rosemarie B.T. should be pictured in those sources [no, that is not her pictured to the right]. Rosemarie married her second husband, Antony, in a civil ceremony in Beacon, NY, on April 28, 2000. Upon the parties’ application… Continue Reading

Contribution of Separate Property to Purchase of Jointly-Owned Marital Residence Was Not a Gift

Posted in Divorce, Equitable Distribution
A spouse contributing separate property (most commonly pre-marital, gifted, or inherited funds) to the purchase of the marital residence does not make a gift of (half of) that payment to the other spouse, even if the residence is held by the parties jointly. So was the holding of the Appellate Division, Fourth Department, in its September… Continue Reading

Marriage and Divorce: Is it Time for Separation of Church and State?

Posted in Divorce
In the United States, there is perhaps no greater blending of Church and State than with marriage and divorce. New York’s recognition of same-sex marriage shines a light on a debate as old as the country. It took the 16th century Protestant Reformation to reject marriage as a religious sacrament.  For  Martin Luther, marriage was… Continue Reading

Divorce Insurance: Thank Goodness, Our Wait Is Over!

Posted in Divorce
The Washington Post reported October 17, 2010 on the recent availability of Divorce Insurance. It is presented, somewhat, as an alternative or reaction to prenuptial agreements. WedLock Divorce Insurance is an annually renewable policy of casualty insurance that pays out a lump sum of cash if a marriage ends in divorce. It is sold in… Continue Reading

Should You Marry a Cop?

Posted in Divorce
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 reported… Continue Reading