Nassau

Published on: January 17, 2013

Can an Orthodox Jewish Divorce bar a Divorce in New York?

by Stephen Bilkis

This is a case being held before the Supreme Court of the State of New York located in Kings County. The issue involves the question of whether or not the delivery of an Orthodox Jewish divorce, called a “Get” can be registered in the state of Israel and act as a bar for litigation pertaining to a divorce in the state of New York. The plaintiff in this particular case is Alexander Tsirlin and the defendant of the case is Alla Tsirlin.

Case Background

A New York Criminal Lawyer said the plaintiff husband began this action on the 11th of July, 2006 to obtain a divorce on the ground of abandonment and an order to grant the couple joint custody of their son Jonathon, with the wife obtaining physical custody and a set visitation schedule provided to the husband. He also requested a set amount of child support in accordance with child support standards.

Published on: January 13, 2013

Defendant Argues that Alabama Divorce Decree Not Valid

by Stephen Bilkis

This is an action for separation being heard in the Special and Trial Term of the Supreme Court in New York County. Rue Magowan is the plaintiff wife seeking the separation. Edward S. Magowan is the defendant of the case. A New York Family Lawyer said the plaintiff wife states that the defendant was cruel to her during the marriage and that he has abandon her and failed to support her. The defendant has made a counterclaim against the plaintiff stating that the plaintiff’s previous divorce was not valid which means that their marriage was never valid.

Case Background

The divorce in question in this case was granted in the state of Alabama in the Circuit Court of Montgomery County. The divorce was granted on the third of March in 1955. The defendant and plaintiff were married in 1957 on the 21st of May. Their marriage took place in Hot Springs Arkansas.

Published on: January 10, 2013

Court Determines if Divorce Filed in Ghana is Valid

by Stephen Bilkis

This is a case being heard before the Supreme Court of the State of New York located in Nassau County. The plaintiff in the case is T.T. and the defendant in the matter is K.A. The plaintiff/wife is seeking a temporary order of relief while the divorce is being settled. The defendant/husband has moved for an order to dismiss the complaint.

Case Background

A New York Family Lawyer said the couple was married on the 20th of April in Ghana in a ceremony that is referred to as a customary marriage in the country. The couple has not stated that the marriage was registered, licensed, or in any way officially validated by a civil authority of Ghana. The couple has two children together who are emancipated.

Published on: January 8, 2013

Court Decides if Defendant Has the Right to Challenge Alabama Divorce Decree

by Stephen Bilkis

This case is being heard in the Supreme Court of Sullivan County. The plaintiff of the case is Sonia Rosenbluth and the defendant is Herbert Rosenbluth. The plaintiff is seeking a separation based on the grounds of non support and abandonment. A New York Family Lawyer said the defendant has conceded the issue of abandonment. Abandonment without justification would indicate a decree of separation in favor of the plaintiff. The defendant argues that the abandonment was justified, stating that he left the plaintiff when it was determined that her divorce from her first husband in the state of Alabama was found to be void. The defendant is seeking an annulment of their marriage on this basis.

Case Facts

The plaintiff was married to Edward V. Langston prior to the 8th of August, 1956. Langston and the plaintiff lived in Orange County New York during their marriage. Langston was never present physically in the state of Alabama and the plaintiff was employed in Newburgh, New York during the marriage. A New York Custody Lawyer said the plaintiff took a vacation from her job to go to Alabama for the purpose of obtaining a divorce. It is clear that during the marriage the plaintiff and her former husband lived in New York and were never residents of Alabama.

Published on: January 6, 2013

Court Determines that Equitable Distribution Does not Terminate Upon Death of One Spouse

by Stephen Bilkis

This is a case before the Supreme Court, Appellate Division, Second Department. The respondent in the matter is Harold J. Peterson. A New York Family Lawyer said the defendants and appellant of the case is Joel Goldberg, et al. The case before the court involves the issue of whether a cause of action for equitable distribution of an estate can be made by a person who has been granted a divorce in a foreign state prior to the death of the party in question.

Case Facts

Harriet Goldberg is the decedent of the plaintiff and lived as husband and wife with the defendant Joel Goldberg. The couple separated and the husband left the home in New York to live in Florida. The wife completed an instant action for divorce and ancillary relief in 1986. The husband procured an ex parte divorce judgment in the state of Florida in 1987. This effectively terminated the status of the couple as husband and wife. The husband remarried after the divorce was final. The divorce court in Florida did not attempt to make a settlement of the ancillary property issues that were relevant in the marriage being terminated.

Published on: January 2, 2013

Plaintiff Reports Divorce Papers Signed Under Duress

by Stephen Bilkis

This is a case being heard before the Special Term of the Supreme Court of Nassau County in the state of New York. This plaintiff in this case is Jean DiRusso and the defendants in the case are Fortunato DiRusso and Regina Anna DiRusso. A New York Family Lawyer said the action before the court is for a declaratory judgment and is the fifth litigation brought forth between the plaintiff wife and the defendant husband. The plaintiff wife is seeking a judgment stating that she is the lawful wife of the defendant husband and that the defendant husband and the defendant, Regina Anna Furrer-DiRusso are not husband and wife. The plaintiff is asking that the defendant husband be required to support the plaintiff and that he and the defendant Regina Anna Furrer provide fees for counsel and disbursements for prosecution in this action.

The defendants have answered and join in a request for a declaratory judgment and counterclaim for a declaration that the plaintiff wife is not the lawful wife and that he and Regina Anna Furrer are legally married.

Case Background

Published on: December 31, 2012

Court Reviews Personal Jurisdiction in Divorce Case

by Stephen Bilkis

This is an instant case being heard in the Supreme Court of the State of New York in New York County. The case involves legal malpractice claims made by the plaintiffs, Vladimira Koch, (Vladka),Michal Koch, and several video companies that Vladimira Koch holds ownership interests in. The claims are made against the defendants, who were former counsels that represented Vladimira Koch during her divorce preceding. The defendants include Sheresky, Aronson, & Mayefsky, LLP, David Aronson individually, Brager, Wexler, Eagel & Morgenstern, P.C., Raymond A. Brager individually, Ragues & Min, Esq., Raymond Ragues individually, D’Agostino & Salvi, LLP and Frank J. Salvi individually.

A New York Family Lawyer said the Brager, Salvi, and Aronson defendants have each filed a motion seeking dismissal of the complaints made against them on various grounds. In opposition to these motions the plaintiffs have filed a cross motion for an order to extend their time to complete the service of process.

Case Background

Published on: December 28, 2012

Paternity in Question in Divorce Case

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York located in New York County. The plaintiff of the case is Andrew T. and the defendant in the matter is Yana T.

Case Background

A New York Family Lawyer said the couple of this case were married on the first of July in 2006. The marriage took place in New York City. Approximately fifteen months after the wedding, in September of 2007, the couple filed for divorce. The grounds stated for the divorce were abandonment of the plaintiff by the defendant for a year prior to the beginning of the divorce proceeding and cruel and inhuman treatment of the plaintiff by the defendant. The plaintiff relied on the abandonment cause of action as the main reason for seeking the divorce.

Published on: December 25, 2012

Wife Claims Emotional Distress, Fraud in Divorce Proceedings

by Stephen Bilkis

This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The appellant in this case is Xiao Yang Chen and the respondent in the matter is Ian Ira Fischer. The appellant is seeking to appeal an order that was made in the Supreme Court of Westchester County that granted the defendant the motion to dismiss the complaint made against him on the grounds of res judicata.

A New York Family Lawyer said the action that is being brought forth by Xiao Yang Chen is seeking to recover damages for personal injuries that she allegedly sustained from the hands of her ex husband, Ian Ira Fischer while they were married. The issue before the court is whether the judgment for divorce dated the 8th of May, 2002 bars Chen from seeking this action based on the alleged and tortuous acts that allegedly took place during the marriage.

Case Background

Published on: December 21, 2012

Should the Domestic Relations Law be Applied Retroactively?

by Stephen Bilkis

This is a case being heard in the First Department, Appellate Division of the Supreme Court in the State of New York. This case involves the plaintiff and respondent Jackie Gleason against the defendant and appellant Genevieve Gleason and the plaintiff and appellant Eli Goldstein against the defendant and respondent Beatrice Goldstein.

A New York Family Lawyer said the case before the court involves appeals from two separate couples and the court must determine whether the Domestic Relations Law should be applied retroactively to cases in order to authorizes a divorce based on the parties living apart based on a separation judgment that was entered prior to the effective dates of the Divorce Reform Laws.

Gleason Case