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Stay Informed with Our Latest Blog Posts on Family Law, Divorce, and Legal Strategies.
71 articles by Lisa Beth Older, Esq.
February 13, 2024
Popular Myths and “Old Wife’s (and old Husband’s) tales”. It’s amazing how many people still believe and perpetuate some of the fantastic lore that surrounds divorce. Wild stories that pop up in the…
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This article will help you maximize the result you want to achieve from your action for divorce or child custody, and will try to inform you as to what you should do and know before you see your…
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Also, read these informative articles by Lisa: Divorce Survival Kit Divorce Myths & Real Facts A-Z What to Expect When Expecting Divorce One out of every two marriages ends in divorce. Because of…
Read MoreFebruary 4, 2024
DOES EQUITABLE DISTRIBUTION OF PROPERTY MEAN EQUAL DISTRIBUTION Does equitable distribution of property mean equal distribution in a New York Divorce action? That is an interesting question given…
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JURISDICTION IN A NEW YORK CHILD CUSTODY CASE DRL Section 76 deals with the New York version of the UCCJEA, or Uniform Child Custody Jurisdiction Enforcement Act which is designed to cover situations…
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Can a custodial parent relocate the subject children without consent? This is a complex legal issue that is worthy of exploration. The Pandemic has caused an increase in cases where a divorcing…
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Are you looking for an award of Sole Legal Custody? An award of sole legal custody in New York generally requires a hearing with taking of testimony and evidence in support of your case. In contrast…
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In February 2021 the New York state passed a law which provides that New York residents who can’t have children biologically can become lawful parents by means of a surrogacy agreement. This statute…
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The laws regarding New York prenuptial agreements as well as and post nuptial agreements and the application of these laws continues to evolve in New York State. Post postnuptial and prenuptial…
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In a recent case decision promulgated by the Supreme Court, County of Rockland on June 2, 2021, dealt with whether a gift of inheritance to one spouse, which was made as a loan to the parties by that…
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Do I have a right to see the ACS Records in my New York Custody case? You may very well have a right to see the ACS records if you have been a target of an ACS investigation brought on by a spouse in…
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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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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New York Divorce Laywer posts case of the Fourth Department of the State of New York on child abuse SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1070 CAF…
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New York and Brooklyn Divorce Lawyer Lisa Beth Older comments upon the case which follows, written by the New York Supreme Court, Fourth Department. In the below case, the Supreme Court states in…
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Appellate Division: Second Judicial Department Argued - June 19, 2009 2009-00143 DECISION & ORDER In the Matter of Alyse Larkin, appellant, v Caleb J. White, respondent. (Docket Nos. V-9582-07,…
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SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT DANIEL D. ANGIOLILLO, J.P. THOMAS A. DICKERSON L. PRISCILLA HALL ROBERT J. MILLER, JJ. 2010-00930 2010-08040…
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N.Y.A.D. 2 Dept.,2005. In re Derick Shea D. 22 A.D.3d 753, 804 N.Y.S.2d 389, 2005 N.Y. Slip Op. 07959 HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ. In two…
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This case law is provided to you by New York Divorce Lawyer Lisa Beth Older. This Appellate Court case states that same sex parties married in Vermont may dissolve their civil Union in New York, at…
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The below referenced case explains to the potential party to a New York divorce what you should expect in executing an agreement between you and your New York divorce lawyer. This case speaks to the…
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Lisa Beth Older, a New York Divorce Lawyer, comments on a Family Offense and Order of Protection case. In the below case decided January 25, 2011 the Appellate Court reversed the Family Court Order…
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This decision will have serious consequences for relatives of the deceased spouse who will take from the will of the deceased spouse: The Court held as follows in the case of McKibben v Jenkin (41…
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Lately, Courts in divorce actions in New York have started to reduce awards that have to do with enhanced earnings made from a non-titled spouse’s interest in a titled spouse's degree, license or…
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COURT SHOULD DISMISS PATERNITY PETITIONS ON GROUNDS OF ESTOPPEL AND BEST INTEREST OF THE CHILD It is well settled that although a Court may order genetic testing or genetic marker tests in cases…
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I have not discussed geographical location of children because it is a complex area of law but I will deal with the main points in the context of my experience as a practitioner and the current state…
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DO SAME SEX PARENTS HAVE EQUAL RIGHTS TO CHILD VISITATION AND CHILD CUSTODY? Same sex parents who adopt the children of the marriage have equal rights to child visitation and child custody but what…
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Many people do not know what a postnuptial agreement is and whether or not they should sign one. As a New York Divorce Lawyer located in Manhattan I must say that although I am capable of litigating…
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What are things that should be included in a prenuptial or postnuptial agreement? The first thing that a prenuptial agreement (or “ prenup ”) should address is the protection of the pre-existing…
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Can I appeal a Child Custody Decision? I am often asked whether my client should appeal their New York child custody decision. If you are in Family Court, or in Supreme Court, and if you have…
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INTERNATIONAL PRENUPTIAL AGREEMENTS ACROSS BORDERS Here are some factors to consider while entering into a prenuptial agreement if you are negotiating the agreement out of the United States or abroad…
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PRENUP OR PAYUP How does one take the financial risk out of marriage while maintaining a strong and loving relationship? Risk mitigation is a term most commonly used in business practices, which is…
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Fathers' Rights in Custody Matters in the State of New York Father's rights have come to the forefront when it comes to custody battles in Court. These battles are emotional for both parties as well…
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The Law on Counsel fees in divorce and Child Custody cases in Manhattan and in all other cities in the First Department of the State of New York Here is the state of the law as to counsel fees in…
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Geographical Relocation Cases involving Child Custody At some point in time a divorced couple or a party to a Child Custody Order may run into the problem of having to relocate the subject children…
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Estate planning and Family Law Whether you are getting a divorce or staying married, every party should seek the advise of an estate planning lawyer because it can have significant tax consequences…
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A parent can move to modify a prior order of custody and visitation upon a showing of a change in circumstances and that a change in said Order would be in the children’s best interests. In the 2020…
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Child custody and visitation in New York is an area of law that requires an attorney that understands the importance of the day to day life of the party and children while litigating custody and…
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CHANGES IN EQUITABLE DISTRIBUTION ANIMALS AND EQUITABLE DISTRIBTION There have been exciting New Developments in Equitable Distribution law in New York. The latest factors include the impact of…
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NEW LEGISLATION AFECTING CHILD SUPPORT On October 8, 2021, the Domestic Relations Act was amended to provide possible support for adult children through age 26. See DRL, Chapter 437 of the Laws of…
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COUNSEL FEES AND EXPERT FEES IN DIVORCE OR CUSTODY MATTER IN NEW YORK The behavior of the parties in a New York divorce or child custody matter will affect an award of counsel fees, if an application…
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Can I withdraw a divorce case? This article is about parties who have filed for divorce but have changed their mind and now want to know whether they can withdraw their case in Supreme Court. The…
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Do I have to pay my spouse 50% of my business? This article has to do with updates as to New York Divorce Law and equitable Distribution of business interests. I will try to point out trends that I…
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If you are in a child custody battle and the parties were sent out to do a psychological evaluation during the pandemic you may have grounds to challenge that report. In order to determine whether an…
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Parental alienation has a huge impact on child custody cases The New York courts considers parental alienation in its decision as to which parent shall obtain custody over children. When a quart…
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New York City has been the epicenter of the COVID-19 virus and this is had an extreme impact on child custody cases in New York. As parents ready themselves to take the children back to school,…
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What should you expect from your divorce lawyer? Divorce lawyers are professionals that provide advice, counsel and strategy and performance on your divorce or child custody case so of course they…
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DO I NEED A LAWYER IN FAMILY COURT? It is not required that you retain a NY divorce lawyer or NY Family Law Lawyer to go to Family Court or to prosecute your divorce in Supreme Court in a New York…
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Getting a divorce in New York? What do I tell the kids? It is important that you keep your children in the loop about all life changing circumstances such as a change in school, a change in residence…
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As a New York Divorce Lawyer, my clients ask me oftentime whether aultery is still a crime in New York State and whether they can sue their spouse for cheating on them. This article is designed to…
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Can I apply for child custody? There are many things you need to know before you can apply for child custody in New York . For one, a court must have the power to adjudicate your case. We call that…
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Family Offense Proceedings are difficult because it means filing a petition against a family member or intimate partner when you have been the victim of a crime perpetrated against you. The results…
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CHANGES IN DIVORCE LAW As 2019 rapidly approaches, I thought it would be a good time to revisit changes to the law and be sure the proposed papers necessary to get a divorce judgment are up to date…
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This is a very generalized statement for educational purposes only as to what a divorce looks like if the parties are contesting the divorce. This guideline set forth below under New York State Law…
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I have lived in New York for less than one year. Can I file for divorce in New York? In New York you can only count on certain residential requirements before filing an action for divorce. They are…
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MUST I SUE FOR CUSTODY? Many of my clients do not understand that in order to get a divorce judgment the parties must first settle their issues of child custody. That means when you commence an…
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MILITARY DIVORCES AND CUSTODIAL ORDERS If you are going through a divorce in New York State or a divorce in New York City, you may want to consider the latest laws affecting child custody adn child…
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We do not recognize gay marriage in New York unless the gay marriage occurred elsewhere in another state. That said, the law is moving in a new direction. In the case of "Court of Appeals of New…
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CPLR Section 302 B tells spouses in New York whether New York has the power to adjudicate their divorce when one or both members of the family move to another state. Do you want to move to move to a…
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