Divorce: New York

Divorce: New York

Tag Archives: Justice Daniel Palmieri

Without Financial Injury, Divorce Civil Contempt Remedies Are Only Prospective

Posted in Enforcement of Support and Orders
No retroactive fine or suspension of maintenance is to be  imposed against a wife who violated her so-ordered stipulation not to allow her paramour into the marital residence. Instead, suspension of maintenance and a fine would only be imposed prospectively and only until the wife complied with that stipulation. Civil contempt fines are not intended to… Continue Reading

Substantial Legal and Procedural Rights Are Lost in Divorce Arbitration Before Jewish Beth Din Panel

Posted in Alternative Dispute Resolution (ADR), Modification-agreements-and-stipulations, Temporary (Pendente Lite) Relief
Resolving the rights and obligations of a couple incident to their divorce often involves the delicate balancing of property rights, spousal and child support, and custody and parenting issues. Attempting an orderly resolution in different forums simultaneously may be impossible. The July 26, 2012 decision of Nassau County Supreme Court Justice Daniel Palmieri in Loike… Continue Reading

Judge Allows No-fault Divorce Claim to be Added to Pre-No-fault Case

Posted in Grounds, No-fault (irretrievable breakdown)
Elevating substance over form, Supreme Court Monroe County Acting Justice Richard A. Dollinger allowed a husband to amend his complaint in a 2009 divorce action to add a no-fault claim under D.R.L. §170(7), effective October 12, 2012. Justice Dollinger in his April 16, 2012 decision in G.C. v. G.C. (pdf), noted New York’s public policy… Continue Reading