Divorce: New York

Divorce: New York

Category Archives: Statutes

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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

Automatic Orders, Violated During Divorce Action, Cannot Be Enforced After Pre-Judgment Death

Posted in Enforcement of Support and Orders, Insurance, Statutes, Temporary (Pendente Lite) Relief
A spouse’s pre-divorce judgment death results in the unenforceablitity of divorce action orders, including the automatic orders mandated by Domestic Relations Law §236(B)(2)(b). As a result, Westchester County Supreme Court Justice Paul I. Marx held in his April 17, 2014 decision in A.V.B. v. D.B. that a husband was without a remedy for his wife removing … Continue Reading

The Second Department Rules on Child Support Parental Income Cap, Transfer of the Marital Residence, and Judgment Formalities

Posted in Child Support (C.S.S.A.), Equitable Distribution, Forms, Judgments and Orders, Statutes
In a May 8, 2013 decision in Mejia v. Mejia, the Appellate Division, Second Department, modified a divorce judgment’s provisions concerning the cap on combined parental income, the disposition of the marital residence, college expenses for three children ages 14, 10 and 6, and judgment inconsistencies with the underlying decision and judgment  formalities. After the … Continue Reading

Court Denies Husband Support and Property Distribution Unless He Gives Wife Islamic Divorce Within 45 Days

Posted in Incidental Relief, Statutes
It seems that every decision after trial rendered by Kings County Supreme Court Justice Jeffrey S. Sunshine is a divorce law treatise. His July 4, 2012 decision in Mojdeh M. v. Jamshid A. is no exception. In addition to issues of property division, spousal maintenance for the husband, child support, and insurance, Justice Sunshine also considered the husband’s … Continue Reading

Support Modification Agreements: Get’em in Writing; Get’em into Court

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Jurisdiction, Modification, Statutes
Particularly when it comes to agreements fixing child support obligations, ”shaking on it” is simply not enough. Both the Domestic Relations Law and the Family Court Act authorize parents to enter agreements which establish their child support obligations. DRL §§236B(3) and 240(1-b)(h) and FCA §413(1)(h) set out many requirements for such agreements. Nothing suggests that modifications … Continue Reading