Divorce: New York

Divorce: New York

Category Archives: Jurisdiction

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Melting Pot (Part 4 of 4): Although New York Had Jurisdiction, Case Dismissed Because Nicaragua Was Better Forum

Posted in Jurisdiction
In the fourth “international” decision this month, Westchester County Supreme Court Justice Paul I. Marx dismissed a divorce action over which the Court had jurisdiction, deciding, however, that Nicaragua was the better forum. In L.A.B. v. B.M., decided July 9, 2014, the importance of the majority of witnesses and assets being in Nicaragua overcame the wife’s choice … Continue Reading

Melting Pot (Part 2 of 4): Prenuptial Agreement Voided Applying the Laws of Spain and the Dominican Republic

Posted in Agreements and Stipulations, Jurisdiction
The second of four decisions this month with an international flavor was also decided by New York County Supreme Court Justice Ellen Gesmer. In M v. M, 2014 N.Y.Misc. Lexis 3201, decided July 3, 2014, Justice Gesmer again voided a marital agreement, this time applying the laws of Spain and the Dominican Republic. On June … Continue Reading

New York: The Divorce Melting Pot (Part 1 of 4)

Posted in Agreements and Stipulations, Jurisdiction
Among the challenges for the matrimonial bench and bar is the need to become instantly familiar with any type of business and any family situation. Applying the ever-changing New York family law to matters routine and novel is a Herculean task, worthy of  Dwayne “the Rock” Johnson’s IMAX 3D movie opening this weekend. New York’s cosmopolitan … Continue Reading

Does Small Claims Court Have Jurisdiction to Resolve Divorce Settlement Agreement Disputes?

Posted in Agreements and Stipulations, Counsel Fees, Enforcement of Support and Orders, Jurisdiction, Settlement
Not according to Richmond County Civil Court Judge (and Acting Suprme Court Justice) Philip S. Straniere, seemingly running afoul of a contrary body of case law, particularly in the Second Department. Small Claims Court proceedings may well be the only practical way to redress relatively modest, but often important breaches of divorce settlement agreements as to … 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