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Articles Posted in Divorce

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Appellate Division ordered a custody modification hearing due to alleged changes in circumstances and caregiving. O’Mahoney v. O’Mahoney, 206 A.D.3d 819(N.Y. App. Div. 2022)

In a matrimonial case involving child custody and economic provisions, the Supreme Court of Queens County addressed the defendant’s request to modify the custody arrangement and to vacate the economic provisions of the divorce judgment. This case underscores how courts evaluate requests for custody modification and challenges to economic terms…

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Where a divorce was finalized in Vermont, can New York Family Court modify the provisions of the divorce decree related to parental access? Etzel v. Freleng 188 A.D.3d 1054 (N.Y. App. Div. 2020)   

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…

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Appellate Division considered whether a stipulation to a separation agreement related to child support could be enforced by the Family Court. Barra v. Barra 214 A.D.3d 1224 (N.Y. App. Div. 2023)

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…

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Determining the proper jurisdiction in a divorce and child custody dispute where parties have ties t New York and the United Kingdom. William L. v. Therese L. 66 Misc. 3d 1228 (N.Y. Sup. Ct. 2020)

The doctrine of forum non conveniens, a Latin term meaning “forum not convenient,” allows a court to decline jurisdiction over a case if another forum would be more appropriate for the resolution of the dispute. In New York, this doctrine applies to various legal matters, including divorce and child custody…

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In a maintenance determination, what amount of earnings is necessary to enable the recipient to become self-supporting? Lorenz v. Lorenz, 881 N.Y.S.2d 208 (N.Y. App. Div. 2009)

In divorce cases, the primary purpose of awarding one party to pay another party maintenance is to provide the receiving party temporary financial support to give them time to become self-sufficient. During the support period, the receiving party is expected to finish school or complete other training so that they…

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Does the SUNY cap apply in determining parental contribution to educational expenses?  Pamela T. v. Marc B., 930 N.Y.S.2d 857 (2011)

In New York, as part of a divorce and child support settlement, parents can be required to contribute to their children’s educational expenses.  The SUNY Cap attempts to limit the required contribution of both parents to the cost of State University of New York (SUNY) tuition. In Pamela T. v.…

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New York Supreme Court considered a divorce petition even though a divorce was already granted in another state. Weiss v. Weiss, 29 Misc. 3d 1202(A) (2010)

A divorce proceeding must be initiated in the state where at least one of the parties is domiciled.  Not only must one of the parties be domiciled in the state where the divorce proceeding is initiated, the person must have met the minimum residency requirements. In Weis v. Weis, because…

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A fault-based divorce should not be granted without sufficient proof of constructive abandonment. Molinari v. Molinari, 2007 WL 1119894 (Sup. Ct. N.Y. 2007)

Fault divorce is granted when one spouse proves that the other spouse did something which resulted in the failure of the marriage. Under New York Domestic Relations Law, grounds for fault-based divorce include: Cruel and inhuman treatment. DRL §170.1 Abandonment for a continuous period of one year or more. DRL §170.2 Imprisonment…

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New York recognizes the same-sex of marriage validly entered into outside of New York. Beth R. v. Donna M., 853 N.Y.S.2d 501 (2008)

At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage.  Just like…

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Separation and Property Settlement Agreement Prepared by Mediator Was Not Unconscionable- Irizarry v Hayes, 2020 NY Slip Op 50217(U)

In this case the Supreme Court considered whether the terms of a separation agreement prepared by a non-attorney mediator were unconscionable and as a result should be voided. A separation agreement is a document agreed to by a husband and wife in which they agree to the conditions related to…

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