Recent Legislation New bill could eliminate need to notarize affidavits A new bill that would eliminate the need for notarizing affidavits has passed the state Senate and Assembly and, if signed into law, could dramatically alter the practice of matrimonial law. The bill, S5162/A5772, would allow parties to submit their affidavits with an affirmation as … Continued

Editorial Comment Matter of Celinette H.H. v. Michelle R., 2023 NY Slip Op. 05303 (decided on October 19, 2023) After prolonged delay of more than two years, including delay caused by the pandemic, the court of appeals reverses the trial and appellate courts to determine that an existing custody order is not a condition for … Continued

The New York State Courts Electronic Filing System (NYSCEF)1 permits the service and filing of litigation papers with the county clerk or the court by a registered user, by electronic means (e-filing) on its website at www.nycourts.gov/efile.2 The electronic filing system reduces the stress associated with many aspects of the matrimonial practice. A case can be commenced … Continued

In the fall 2018 issue of this publication, I explored the issue of egregious conduct as it did (or did not) impact equitable distribution and spousal support. (See Marital Fault: Redefining Egregious Conduct in The 21st Century).1 This standard has been impacted by the 2020 amendment to § 236B(5)(d) of the Domestic Relations Law and two cases … Continued

This fall, tens of thousands of freshmen headed off to campus for the first time. If they are children of intact families, there have no doubt been discussions as to which college expenses parents will pay and who will pay them. But what of children of divorce? Who is responsible for paying their tuition, room, … Continued

Editorial Comment SF v. JS, 2023 NY Slip Op. 51033(U), Sup. Ct. N.Y. Co. (September 26, 2023, Chesler, J.) The court denied the husband’s motion to dismiss the action and granted summary judgment to the wife. The husband asserted that the parties were never validly married despite a religious ceremony. The marriage was deemed valid … Continued

Editorial Comment Matter of Laura E. v. John D., 216 A.D.3d 1274 (3d Dep’t 2023). In a determination of custody modification regarding a transgender child, the court affirmed the Family Court and addressed the deterioration in the parties’ communication and the breakdown in the relationship between the father and the child. The father had issues with … Continued

Editorial Comment Eyon G. v. Monica G., 2023 N.Y. Slip Op. 23296 (Sup.Ct. Kings Co., September 28, 2023, Sunshine, J.) The court sanctioned the husband and vacated a default judgment of divorce due to the husband’s commission of fraud. The husband willfully and falsely asserted that he had no children in order to obtain a … Continued

Recent Legislation Kyra’s Law, proposed bill 2023-S.3170A, seeks to refocus custody determination on children’s safety Kyra’s Law is a proposed bill 2023-S.3170A that would amend DRL 240(1) to (1) require judges to assess the child’s life and safety during custody proceedings, (2) require the court to rank a child’s life and safety above all other … Continued

“An ounce of prevention is worth a pound of cure.” – Benjamin Franklin Americans rely heavily on their retirement savings, and for many these are the most significant assets right next to their home. According to Investment Company Institute, as of December 2022, there were $33.6 trillion in total U.S. retirement assets. Unfortunately, the division … Continued