Under Construction
The NYSBA website is now undergoing scheduled maintenance
Close

The NYSBA Portal and storefront is currently undergoing scheduled maintenance through 9/16/2024. Access to online store purchases, event registration and membership sign are unavailable at this time. Certain functions may still be available by calling our Member Resource Center at 800-582-2452. Click here to learn more

Issue: 2023 Vol. 55 No. 1

Relocations – a Quantitative Analysis

Scenario: a potential client walks into your office for a consultation. They say: “I have a custody relocation case and I want to know my chances of winning.” You solicit the basic facts of the case from them, going through the common factors the courts consider in such cases. Toward the end of the consultation, … Continued

Recent Legislation, Cases and Trends in Matrimonial Law

Recent Legislation New York becomes first state to require CLE credits in cybersecurity So much of our legal work revolves around the use of computers and technology, which poses an ever-present security threat to clients, whose personal data could be hacked and whose private communications could fall into the hands of cyberthiefs. Recognizing these growing … Continued

Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship, Revisited—Part II

Following on Part I of the analysis of the Preliminary Conference Form from the fall 2022 issue of Family Law Review, we continue to address herein the rules governing matrimonial actions that must be considered when attending a Matrimonial Preliminary Conference after June 30, 2022. H. EXPERTS Valuation/Financial Experts and Other Experts The form requires … Continued

In Camera Interviews and Lincoln Hearings: Ongoing Questions of Due Process Persist

With contested initial custody and custody modification matters seemingly proliferating at a higher rate, post-COVID, than ever before, there is equally rampant ongoing discussion criticizing various aspects of the process. These run from delay in having matters heard to conclusion, to the role of the child’s attorney (in concept and in actuality),1 to due process … Continued

Can ‘Presumptive ADR’ Become the New Norm for New York Divorces?

In May 2019, upon recommendation by an Advisory Committee on Alternative Dispute Resolution (ADR), former Chief Judge Janet DiFiore and former Chief Administrative Judge Lawrence K. Marks announced the implementation of “presumptive ADR.” The goal of the program is to automatically refer the vast majority of civil cases, including but not limited to matrimonial actions, … Continued