Every client that I meet has a different set of circumstances and goals. From the initial consultation until the final stage of a client’s divorce, I am constantly focused on my client’s goals and how to achieve those goals efficiently and with the least amount of stress. Anyone who has gone through divorce knows the tumult that comes with ending a relationship. This is so especially if a divorce will involve the day-to-day parenting of…
Divorce often brings out the worst in people. The process of divorce for some may be long and drawn out and cause not only financial stress but take a serious toll on one’s mental and emotional well-being. It is during these stressful times that many spouses are under the wrong impression that while in the midst of their divorce it is the perfect time to try and put their spouse through the proverbial wringer. However,…
My Dad was a big fan of the Eagles. Long after he passed away, I would listen to his old Eagles albums. The 1975 hit “Lyin’ Eyes” took on a new meaning after I began to practice matrimonial and family law and began to regularly have people come into my office and share the most intimate details of their lives, including on occasion, their lyin’ eyes. Dare I sound like a jaded divorce lawyer, but…
In last week’s blog post, we identified and examined what is considered wasteful dissipation. We made the important distinction between positive action taken to dissipate assets (example: gambling with marital assets) and inaction (example: failure to reasonably manage investments). We also identified a non-exhaustive list of eleven (11) factors the court can consider in determining whether wasteful dissipation has occurred. In this week’s post, we consider the effect of a finding of wasteful dissipation on…
A Brief History Regarding Equitable Distribution
In 1980 the New York Legislature enacted the Equitable Distribution Law (DRL § 236B) (“EDL”) which required courts to equitably divide marital property based on a consideration of several factors. At the time, the courts had ten (10) factors to consider.[i] Pursuant to the statutory law, courts became tasked with deciding whether marital fault should be considered under what is commonly referred to as the “catchall factor.”
Shortly…
Unfortunately, as matrimonial attorneys we often hear many tales of woe, including how one spouse either spent a large sum of money immediately before commencing a divorce action or eliminated their assets to avoid having to give their spouse any piece of the proverbial marital property pie. In legalese, we refer to this as “wasteful dissipation.” In this first installment of a two-part series, we will identify and examine what is considered wasteful dissipation, which…
The purpose of this article is to provide victims of domestic violence with the necessary information they may need to assist them in seeking in an order of protection in Family Court. While individuals may be granted an order of protection from Criminal Court, this post will only focus on obtaining an order of protection in Family Court.
Brief Overview
An order of protection is a document issued by the Family Court which prohibits…
In a highly-connected world of Instagram, Twitter, Facebook, Tik Tok, family locators and smart phones, the reality of being tracked with every move you make is all too real. This is even more real for victims of domestic violence who as part of their safety planning must and should consider technology safety. The goal of this article is to identify tech safety tips that can help prevent abusers from accessing victim accounts, tracking victim locations,…
The Matrimonial and Family Law Group at Jaspan Schlesinger proudly joins the nation in recognizing October as Domestic Violence Awareness Month (“DVAM”). Once just a “Day of Unity” beginning in 1981, the entire month of October is recognized as Domestic Violence Awareness Month in New York and across the nation.
As we recognize Domestic Violence Awareness Month, we will be updating our blog with relevant and timely information and resources regarding Domestic Violence and the…