In a case involving the division of property after a divorce, the defendant appealed an order from the Supreme Court of Queens County, which limited her share of proceeds from the sale of the marital residence to $700,000. The court also denied her request to have the residence recognized as…
Not surprisingly, issues related to property distribution, spousal maintenance, and child support are among the most contested issues during a divorce. Diaz v. Gonzalez, 984 N.Y.S.2d 65 (N.Y. App. Div. 2014) involved a defendant appealing a judgment from the Supreme Court in Queens County regarding maintenance and child support. Background…
In a matrimonial trial that spanned several years, a couple’s divorce action finally came to court after years of separation and failed settlement attempts. C.M.S. v. W.T.S., 37 Misc. 3d 1228 (N.Y. Sup. Ct. 2012) involved significant issues, including determining how to distribute marital property. Background Facts The couple in…
Singh v. Singh, 36 Misc. 3d 1218 (N.Y. Sup. Ct. 2012) involved a divorce action in Queens, New York. The Plaintiff, the wife, initiated the case in 2009, seeking an absolute divorce and additional relief related to financial support, property division, and child custody. One issue that was raised was…
In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a…
In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack…
In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute…
Makris v. Makris, 179 A.D.3d 694 (N.Y. App. Div. 2020) is about divorce and maintenance obligations. Spousal maintenance in New York can be terminated under specific conditions defined by state law. One such circumstance is if the recipient spouse remarries, as the obligation to pay maintenance typically ceases upon remarriage.…
In Etzel v. Freleng, 188 A.D.3d 1054 (N.Y. App. Div. 2020), the Appellate Division addressed issues pertaining to jurisdiction in custody disputes where the divorce decree establishing custody was issued in Vermont. Jurisdiction in divorce and custody cases is paramount for ensuring the proper adjudication of legal matters surrounding the…
In Barra v. Barra, 214 A.D.3d 1224 (N.Y. App. Div. 2023), the court was asked to settle a child support payment dispute. Part of the evidence submitted was the couple’s divorce decree. Divorce cases and child support proceedings are inherently interconnected, with the former often laying the groundwork for the…