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Messages - divorced2X

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Divorce News / Child Custody Cases and the Cost
« on: Dec 09, 2008, 04:56:19 PM »
Child Custody Cases and the Cost

My father, God rest his soul, had a sign over his desk which read “In the law, nothing is certain but the expense.” He told every client that walked in that the sign was not a joke.
That sentiment is doubly true for custody cases. Let me state up front: custody cases are expensive and there [...]


Same Sex Marriages - Martinez v. Monroe- Trends In New York Divorce Law

An appellate court just issued a decision recognizing as valid a same-sex marriage. (Martinez v. County of Monroe). But, there is a caveat: the marriage took place in Ontario, Canada, and not in New York.
The Court of Appeals of the State of New York stated in Hernandez v. Robles that same-sex marriages performed in New [...]


Divorce News / Tax implications for Military Retired Pay
« on: Dec 09, 2008, 04:56:19 PM »
Tax implications for Military Retired Pay

Before I start, let me state that I am not an accountant or tax attorney. Do not make any decisions regarding taxes based upon this posting. Discuss any tax plans with your accountant.
In a recent decision by the U.S. Tax court, Proctor v. IRS, 129 TC No. 12 the division of military retired pay was [...]


Same Sex Divorce - Same Sex Marriage? Trends In New York Divorce Law

The area of Same Sex marriages has become a real hot topic for litigation. Last week’s decision by the Honorable Laura Drager, Supreme Court, New York county has just turned the heat up of notch.
In the care of Beth R . v. Donna M., Justice Drager has extended the decisions from other New York courts [...]


Adultery and Equitable Distribution Under New York Divorce Law

Under The New York Law, Adultery by A Spouse Will Not Effect Equitable Distribution
No, you don’t get the house if s/he cheated on you.
One of the most frequent questions I get asked is: “If my spouse cheated on me, do I get the house?” To put this question in proper legalese, the question is “if [...]


Equitable Distribution of Post Office Pensions Under New York Divorce Law

As I have pointed out else where, under New York divorce law, pensions earned during marriage are subject to equitable distribution. However, since there are a variety of different pensions available from the multitude of employers, the rules are not always consistent.
For example, military disability pay is not subject to equitable distribution.
The Post Office pensions [...]


Divorce News / Not your Mother?s SBP
« on: Dec 09, 2008, 04:56:19 PM »
Not your Mother?s SBP

I’ve never been a big fan of the Suvivor’s Benefit Plan (SBP). As you may know, military retired pay ends on the dead of the retiree. Unlike a 401K or IRA, there is no bank account with money in it. Once the retiree dies, the payments from DFAS cease. The spouse or former spouse, gets [...]


Divorce News / Adultery Myths And New York Divorce Law
« on: Dec 09, 2008, 11:17:23 AM »
Adultery Myths And New York Divorce Law

In order to get a divorce in New York, you must prove marital fault. New York recognizes adultery as one ground to obtain a divorce. However, adultery, as a basis for divorce in New York is misunderstood. In this post, I will try to dispel some of the myths surrounding adultery.
Not a week goes by [...]


Divorce News / The Common Law Marriage Trap and 50 Cent
« on: Dec 09, 2008, 11:17:23 AM »
The Common Law Marriage Trap and 50 Cent

             Hip hop star 50 Cent recently was the victim of a judicial drive-by shooting. 50 Cent has been engaged in a high profile family court action in Suffolk County, New York with his former live-in girlfriend and mother [...]


Divorce News / Privacy and Computers In a Divorce
« on: Dec 09, 2008, 11:17:23 AM »
Privacy and Computers In a Divorce

There was a recent decision reported in the New York Law Journal, August 8, 2008 that shows how computers, used unwisely, can damage your position in a divorce. Justice Evans, in New York county, ruled that information found by the wife on the husband’s computer could be used in the trial.
The lap top computer, found [...]


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