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Category Archives: Divorce

Fault-based divorce in New York: Does it still exist and how often is it used?

New York was infamously the last state in the union to institute a regime of divorce law that did not require one party to prove the other was “at fault” in some way in order to obtain a divorce. New York didn’t get around to doing this until 2010. The story of how it finally […]

A Separation Agreement Can Have Unintended Consequences

The internet has been abuzz with news that popular fact-checking and myth-resolving website Snopes has put out a desperate SOS asking its readers for financial assistance to keep it afloat. According to the site: “We had previously contracted with an outside vendor to provide certain services for Snopes.com. That contractual relationship ended earlier this year, […]

New York Appellate Court denies separate property credit for marital home

Every few weeks it seems there is a new decision by a New York court, trial or appellate level, that speaks to the importance of obtaining a prenuptial agreement before marriage. Last month, in Klauer v. Abeliovich, the First Department (which handles mid-level appeals from Manhattan trial courts) issued just such a decision. First, some […]

Family Law on Screen: The Affair, Season 2

Those watching Showtime’s drama series The Affair (and if you aren’t, you should be, it is excellent) have been treated to quite a bit of New York family law over the last two seasons. While HBO’s Divorce, starring Sarah Jessica Parker, has gotten the lion’s share of press coverage regarding on-screen depictions of matrimonial discord, […]

Should I Get a Prenuptial Agreement?

Engaged couples should think about getting a prenuptial agreement (“prenup”) if: Either partner owns their own assets; One or both partners owns a business; There is an earning disparity between the partners; or They wish to reduce uncertainty and risk in the future In New York, and particularly in NYC and the surrounding metropolitan area, […]

Divorce in Song: Blu Cantrell’s “Hit Em Up Style”

We all know the 2001 song “Hit Em Up Style” by Blu Cantrell, yes? Not only was it a massive hit back then, it still pops up pretty frequently in clubs and on the radio now. It is, inarguably and without question, a great song. It is also a song with some very bad legal […]

How the Rise of Social Media has Affected Divorce Proceedings

Social media networks and digital communication have undoubtedly, and perhaps irrevocably, altered 21st century relationships. Couples that have found love through social media (and there are many) can become, years later, the same couples who broadcast every aspect of their breakup on, you guessed it, social media. Spouses who take to Facebook, Twitter, Instagram and […]

No, You Can’t Protect Your Assets With a Secret, Fake Divorce.

So much to comment on in this New York Post story. First a brief summary, although it is worth reading in full. Gabriel Villa and Cristina Carta Villa were married in New York in 1994. According to the Post, they lived “the good life” for the next twenty years, “jetting between homes in New York […]

Divorce on Film: Breaking Bad

Season three of AMC’s landmark TV show “Breaking Bad” features a plot in which one of the show’s primary characters – Skyler White, wife and reluctant partner-in-crime to antihero meth cooker Walter White – considers whether to file for divorce from her possible sociopath husband shortly after learning that he is, in fact, a drug […]

Everything You Ever Wanted to Know About Annulments

Last week, Pope Francis made headlines by announcing a change in how the Catholic Church will handle annulments of marriages going forward, meant to make it easier for Catholics to have their marriage annulled. I would like to capitalize on this recent publicity given to a concept – annulling a marriage – that even many […]

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