The petitioner, a resident of Bronx County who was born in the State of Georgia, asked the Court for orders reflecting “their” name and sex designation changes, on petitioner’s New York identification, as well as on their Georgia birth certificate.
Latest from Divorce: New York - Page 2
Temporary maintenance provisions in prenuptial agreements entered 2010 to 2015 must contain CSSA-type formula recitation
Two days before the parties were married in February, 2011, they executed a prenuptial agreement. In it the wife accepted an agreed-upon maintenance provision. The husband commenced a divorce action in 2019. The wife counterclaimed, seeking an award of maintenance
The Term “Pension” Must Be Clearly Defined in Settlement Agreements
Two decisions last week highlighted the need for precision and the anticipation of issues when using the term “pension” in divorce settlement agreements.
In Gluck v. Gluck, the Appellate Division, Second Department, affirmed an order of Suffolk County Supreme
There are consequences to not doing what the Judge says
Obstreperous may be defined as stubbornly resistant to control. In divorce litigation, sometimes it just doesn’t pay to be difficult.
In its decision of March 22, 2022, the Appellate Division, First Department in Gorman v. Gorman, upheld the lower
Agreements to Dispose of Marital Home Interests
Drafting divorce settlement agreement provisions to dispose of the marital home is not easy. Anticipating how things will play out can be very difficult.
In some cases, one spouse may be remaining in the home with the children for a
Overpayment Of Child Support May Offset Future Add-on Expenses
Man using calculator
Child support overpayments, resulting from the retroactive application of a reduced child support award, may be recouped against future add-on expenses of the children. So held the Appellate Division, First Department, in its
Refusal to Vaccinate Children Results in Change of Decision-Making
The mother had refused to agree to the vaccination of the children, resulting in one child being prohibited from school. In a March 30, 2022, decision in Matter of Soper v. Soper, the Appellate Division, Second Department, affirmed the
Delayed Acknowledgment Invalidates Nuptial Agreement; Defective Form Does Not
In its December 16, 2021 decision in Anderson v. Anderson, New York’s highest court ruled that the parties to a prenuptial or postnuptial agreement must acknowledge their signatures within a reasonable time of their signing. In a second appeal
Dad’s Visits Conditioned on Covid Vaccination or Testing
It is in the best interests of a three-year-old daughter for the father and anyone regularly supervising his access to be vaccinated against COVID-19 or else undergo regular testing. So held New York County Supreme Court Justice Matthew F. Cooper
Ex-Husband’s Judgment Creditor Subordinated to Ex-Wife’s Unrecorded Equitable Realty Interest
Generally, a transfer of a judgment debtor’s real property interest is not effective against a creditor whose judgment was recorded prior to the debtor’s transfer (C.P.L.R. §5203). However, that rule will yield to the equitable interests of a former spouse.