As I wrote about last week, New York attorney Steven Simkin attempted to recover $2.7 million from his wife after he found out the $5.7 million Madoff-invested account he split up in their divorce agreement was worthlesss. In the video interview with Colin O’Keefe of LXBN TV, I discuss the background of the case, why … Continue Reading
Continuing to demonstrate New York’s public policy enforcing settlement agreements and the finality they bring to bear on divorce litigation, the Court of Appeals on April 3, 2012 held that the post-agreement discovery that the fact that a marital account had been invested with Bernard Madoff and retained by the husband upon the divorce was not … Continue Reading
There are may circumstances which courts recognize warrant revisiting a divorce resolution. On the other hand, ongoing litigation is often unfounded and a result of the anger, bitterness, sadness, desire for revenge, etc. In her February 3, 2012 decision in D.W. v. R.W., Westchester County Supreme Court Justice Francesca E. Connolly imposed $17,500.00 in sanctions and … Continue Reading
Shlomo Scholar and Shoshana Timinisky married in 2005. They had one child the next year. The year after that they entered a stipulation of settlement to resolve their divorce action. Included in that stipulation was the parties agreement that Ms. Timinisky would have sole custody of the parties’ child. However, the parties also agreed that … Continue Reading
Entering open-court oral stipulations of settlement to a divorce action is treacherous. It’s easy to miss something or be imprecise in language. However, striking the deal while the iron is hot is a necessary part of matrimonial litigation. Letting the parties walk out of the courthouse without putting the day’s agreement “on the record” may … Continue Reading
What happens when only one provision of an agreement is invalid because it violates some statute or public policy? The answer may depend on who the court wants to benefit, instead of consistently-applied rules of contract law. Take, for example the April 5, 2011 decision of the Second Department in Duggan v. Duggan. In that … Continue Reading
After 36 years of family law practice, I pride myself on having a good idea of what I don’t know. The good news is that I can reach out for the help needed to make sure the bases are covered when drafting a divorce settlement agreement. Matrimonial litigation has spawned a host of forensic specialities eager to … Continue Reading
Marital financial planning is vital for spouses dealing with advanced age and deteriorating health. Though not arising from an orchestrated plan, the February decision of the Appellate Division, Fourth Department, in Matter of Donald L.L. (Miceli), supports that planning. After almost 40 years of marriage, the wife in 2005 suffered a stroke that left her with … Continue Reading
Commencing March 14, 2011, parties to a Nassau County divorce action may be required to participate in a mediation session under a program initiated by Justice Robert A. Ross, Supervising Judge of the Matrimonial Parts. After a preliminary conference, the judge assigned to the case will decide whether the case is suitable for mediation. The parties … Continue Reading
Howard v. Laird, a recent decision of New York’s Appellate Division, Second Department, highlights the usefulness of a parenting-time calendar when entering a divorce settlement. In Howard, the appellate court had occasion to reverse an initial post-divorce Supreme Court decision in a visitation dispute, and to send the case back to the lower court for still further … Continue Reading
In A Taboo Exchange, an article in the July/August 2010 issue of Scientific American Mind magazine, Adam Waytz reported that a few recent studies have examined how people react when their most passionately held values are challenged. He defined a “sacred value” as more than just a strongly-held belief, but rather a moral stance on … Continue Reading
