Justice Victor G. Grossman

Egyptian MarriageWhat happens when cultural and religious traditions clash with the presumptions underlying New York’s Equitable Distribution Law, negating the concept that a marriage is an economic partnership? To what extent should those traditions impact New York Law affecting long-term marriages?

In the March, 2017 case, Yehia v. Goma, the parties had been married in 1977 in Egypt in both civil and religious ceremonies, and resided in New York since 1992, (although the wife returned to Egypt between 2008 until 2011). They had three adult children.

During the trial, the parties entered into two stipulations: one resolving the isues of properties held in Egypt; the second addressing the division of the sale proceeds of the marital residence in New York, and the wife’s claim for counsel fees. As a result of the two stipulations, the issues left open for decision included equitable distribution of pension and 401(k) Plan assets, maintenance, and credits against Equitable Distribution.

Westchester County Supreme Court Justice Victor G. Grossman recognized that a significant issue affecting the claims of credits arises from how the parties managed their economic spheres during the marriage. He noted that the parties both remained Egyptian citizens and had led a devout life and marriage in accordance with Islamic Law. Both parties’ actions had been consistent with their religious and/or cultural traditions.

Continue Reading Should Religious and Cultural Traditions Impact Equitable Distribution?

Sentencing a father (a police officer) to 15 days in jail for sending abusive e-mails to the mother, Supreme Court, Putnam County Justice Victor G. Grossman attempted to stop the war between divorcing parents.

Charging the parties with acting more like children, throwing tantrums, teasing and name-calling, Justice Grossman, in his decision in L.T. v. K.T.  noted that both parents behaved like preschoolers. Unfortunately, the Court could send the parties to their rooms. The parties’ three children have two parents whose embarrassing behavior has set a horrible example. the behavior of both parties was “all the more disappointing when one considers the parties should know better.” The father was a police officer, who had been trained to defuse difficult situations. The mother had a Master’s Degree in Psychology. Thankfully, the children had multiple outlets where they can see responsible adult behavior.

The Court also blamed the lawyers, observing “how counsel for each of the parties has personalized the conflict to the point where they are incapable of communicating effectively beyond a litigating posture, to promote their clients’ interests.”

Continue Reading Co-parenting: Flexibility Cannot Be Ordered; Abusive E-mails Warrant Jail