Interfering with a Father’s Visitation Rights results in a change of Custody Agreement
Lisa Beth Older, Esq. a New York Family Law lawyer, discusses a recent custody case coming out of the Supreme Court appellate court, Third Department in June 2011 which upheld the lower Family Court Decision to take custody away from the Mother and half sibling on the below facts. The Court held that it was wrong of the Mother to […]
Lisa Beth Older New York, a Brooklyn Divorce Lawyer, comments on the March 2011 amendment to the Domestic Relations law
Amendment DRL240(1) (a) and its impact on Battered woman’s Syndrome: Abuse as a Mandatory Factor in “Best Interests” analysis In March 2011 the Domestic Relations law was amended in recognition of the impact spousal abuse has on the best interest of children, requiring that the court consider the factor and affect domestic violence has upon the […]
How the new New York Spousal Support Statute Applies to Your Case
Lisa Beth Older, Esq. an attorney in New York, cites a case on point as to how the new New York spousal support statute applies to your case: KHAIRA v. KHAIRA Camille KHAIRA, Plaintiff–Respondent, v. Jasvinder Singh KHAIRA, Defendant–Appellant. — February 07, 2012 DAVID B. SAXE, J.P., JOHN W. SWEENY, JR., LELAND G. DeGRASSE, SALLIE […]
Attorney Fees in a Divorce Case
New York Divorce Lawyer Lisa Beth Older states that in the below New York Divorce case decided on November 28, 2012 the Supreme Court Appellate Division upheld an appeal from an award of attorney fees to the Wife in the amount of $168,000.00. In part, the Court upheld the award because the Father appealed from […]
FAILURE TO PAY CHILD SUPPORT IN NEW YORK HAS DRASTIC CONSEQUENCES
Lisa Beth Older, Esq. an attorney in New York reports that the Appellate Division First Department affirmed a lower Court Decision that sentenced the Father for willful nonpayment of child support that sentenced him to incarceration for a p[period of four months, with the condition that if he paid $5000.00 his sentence would be purged. […]
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 […]