How can I afford a divorce when my husband or wife is wealthier than me?
DOMESTIC RELATIONS LAW 237 ALLOWS FOR A REBUTTABLE PRESUMPTION THAT THE LESS MONIED SPOUSE SHOULD ASK THE COURT FOR COUNSEL FEES AND COUNSEL FEES SHOULD BE GRANTED UNLESS JUT CASE IS FOUND AGAINST IT. Lisa Beth Older, Esq. a high profile New York divorce lawyer, offers information to nonmonied or lesser-monied spouses undergoing a divorce […]
Case not supporting the actions of an Attorney for the Child
A case where the attorney for the child was wrong in including in her summation things that were not in the record. To the extent that the Family Court relied on the detailed accounts provided by the attorney for the child concerning her conversations with the child, it is inappropriate for an attorney for the […]
Lisa Beth Older analyzes Ruling by New York Court holding that a Rapist is not Entitled to Share in Martial Assets
Lisa Beth Older analyzes Ruling by New York Court holding that a Rapist is not entitled to share in martial assets A New York divorce court recently declined to recognize a rapist’s right to equitable distribution of marital assets in a divorce case. In the recent case of Alice M. v. Terrance T., 2015 NY Slip […]
Do Not Get Married twice!
Do not get married twice! In a New York Divorce case, under New York law if you get married in a religious or romantic marriage AFTER you have already been married then the second marriage is void. As such you only need one divorce that being the divorce from the first marriage. New York Divorce […]
Jurisdiction and Power of a Court to give you a Divorce
Divorce is not the same in every state and is certainly not the same in foreign countries. So what happens if you are divorcing a spouse who lives in another state or country? The law is very tricky here. Also what happens if you have some property in one state and some property in another […]
Settle if Possible!
I read an interesting article about how divorces are handled in Israel. It was initially written by John R Ellison and was published in the Harvard Business review on January to February 1990. The article had to do with our adversarial system in NY Divorce and in other states in America. In the adversary system […]
Update on Child Support Information in NY State — 2021
A child must be supported by their parents until the child turns 21. If the child lives with one parent over the other, the parent who resides with the child is considered the custodial parent. Child support is a right that belongs to the custodial parent and it does not matter if the custodial parent […]
Is there bias against people of color in Family Court?
A recent report promulgated by the New York Supreme Court Chief Justice Janet Fiore stated that based on a recent task force inquiry there has been a racial injustice bias in the court system which has produced a “second class system for people of color”. The Chief Justice asked Jeh Johnson to inquire into our system of […]
What is the Recent Law on Child Support in New York?
Recent 2021 Child Support Decisions Highlight Numerous Commonly-Faced Issues No matter what the issues are in your New York child support matter, having competent, knowledgeable legal representation will help you navigate the processes of production, negotiation, modification, or enforcement of a child support agreement, Order, or judgment. Thus far in 2021, the Appellate Division’s Second Department has […]
What must I know about Virtual Trials in New York Custody and Divorce cases?
The Covid-19 pandemic has caused many courts to go virtual and many of the courts still try cases virtually using Microsoft Teams technology. In my estimation, long after the pandemic has ended, the Courts will probably continue to use this virtual technology for certain cases, especially where parties live out of State or where there […]