Custody

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 27, 2012

Court Decides Jurisdiction Issue

by Stephen Bilkis

This case is being heard in the New York Supreme Court located in Kings County. The plaintiff in the case is Elizabeth Benson Weiss and the defendant in the case is Bruce Weiss. The defendant/husband, Bruce Weiss has moved for an order to dismiss the complaint that has been made against him by the plaintiff/wife, Elizabeth Benson Weiss. The defendant basis his argument for dismissal on the fact that the lack of jurisdiction by the court. Alternatively, the defendant wishes to have the venue of this case moved to the Family Division, District Court located in Clark County, Nevada.

Case Background

A New York Family Lawyer said the couple was married in 1986 in New York, New York. The couple lived in Brooklyn, New York for their entire marriage. The couple states that they physically separated a few years ago. The couple has one child, a daughter named Jessica.

Published on: December 26, 2012

Wife Files for Distribution of Marital Property Eight Years After Divorce

by Stephen Bilkis

This case is being heard in the New York Supreme Court located in Westchester County. The plaintiff in the case is E.A. and the defendant is R.A.

Case Background

A New York Family Lawyer said the material and relevant facts of this case are undisputed. The couple was married on the 12th of April, 1985, in Danbury, Connecticut. The couple has one child together, Maxine Audet who is 19 years old and currently attending college. The husband has remained a resident of the state of Connecticut since the time of the marriage.

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 24, 2012

Wife Contends Divorce Papers Fail to State a Cause of Action

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of the State of New York located in Kings County. The plaintiff in the case is Sidney Wechter and the defendant in the case is Florence Wechter. The plaintiff husband is seeking a divorce and the defendant wife is seeking an order to dismiss the complaint for failure to state a cause of action in the matter.

Case Background

A New York Family Lawyer said the couple was married in the state of New York in 1952. They have two children together, Paula who is over the age of 21 and Glenda who is 14 years old. The couple has a history of marital strife since the marriage began. Around the year 1967, the plaintiff husband left the defendant and went to Mexico. While in Mexico he obtained a unilateral divorce. Based on this divorce the plaintiff remarried a few years ago and is currently living with his “new” wife. The plaintiff is not relying on this divorce for this instant proceeding.

Published on: December 22, 2012

Husband Seeks to Convert Separation Judgment to Divorce

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York, Trial Term located in New York County. The plaintiff in the case is Edward Hendel. The defendant in the case is Arline Hendel. The plaintiff husband is seeking a divorce on the ground that he and the defendant wife have lived separately for more than two years as stated in the separation agreement. He further states that he has met all of the conditions and terms of the separation judgment.

Case Background

A New York Family Lawyer said the couple was married in New York, New York on the 11th of June, 1950. They have two sons together who are fourteen and eleven years old. The defendant wife as a plaintiff in a Westchester County action was awarded a separation judgment on the tenth of February, 1966. This judgment was appealed and affirmed in appellate court.

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

Published on: December 20, 2012

Court Reviews Foreign Divorce Decree

by Stephen Bilkis

This case is taking place in the Special Term of the Supreme Court of the State of New York located in Nassau County. A New York Family Lawyer said the application to the court is being made by the petitioner, Marlene Kraham. The respondent in this case is Harvey Harris Kraham. The matter being heard in the court questions whether a decree of divorce in Haiti is recognized in the state of New York. Generally, divorces that are obtained in foreign courts are entitled to recognition based on comity unless the decree has offended the public policies of the state of New York.

Case Description

The matter that is being heard in this court involves an application for a separation agreement to be amended, thus requiring the court to change a decree of divorce that was made in a Haitian court.

Published on: December 19, 2012

Plaintiff Says She was Fooled into Filing for Divorce

by Stephen Bilkis

Annette Lavi is the respondent in this case and the appellant is Houshang Lavi. The case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. The Special Term Court determined that in this particular case the Equitable Distribution Law allowed interim maintenance to be granted.

This case is quite unusual. The history of the couple begins when they were married on the 20th of December, 1968 in Queens County, New York. In July of 1969, the couple traveled to Juarez, Mexico. At this time the couple went before a Judge in the First Civil Court located in the Bravos District and the wife petitioned for a divorce. A New York Criminal Lawyer said this petition was granted and declared inter alia that the marriage between the couple that took place on the 20th of December, 1968 in New York was dissolved. This decree gave each party the right to remarry at their discretion.

The plaintiff was the one who initiated the divorce proceedings in Mexico. However, she states that she was fooled into doing so by the defendant. According to the plaintiff the defendant informed her in the beginning of 1969 that his feelings for her were gone because she was his and that if she was no longer his and they were no longer married that his feelings of love for her would come back. A New York Custody Lawyer said the plaintiff further states that the defendant told her that if they were divorced in Mexico that they could return to New York and continue to live together. She states that he said once his feelings of love returned that they would remarry.

Published on: December 18, 2012

Plaintiff Seeks Legal Separation

by Stephen Bilkis

This is a case being heard in the Supreme Court of New York County, the Special, and Trial Term. In this case, the plaintiff, Helena A. Wood is suing the defendant, Walter A. Wood, for a decree of separation. A New York Family Lawyer said the defendant has entered a counterclaim against the plaintiff for an annulment of the marriage or separation if the annulment is not granted. The plaintiff’s argument for separation is dependent on the marriage being valid.

Case Background

The couple was first married in 1959 in France. They were married again the following year in New York. The husband states that neither of these marriages is valid because the wife was previously married in Chihuahua Mexico and the divorce in Mexico was not valid.