Attorney Wendy B. Samuelson's latest column for the New York State Bar Association's Family Law Review, "Recent Legislation, Cases and Trends in Matrimonial Law" has just been published. Below, we take a look at some of these major issues and how they might affect New York families facing divorce.
Electronic Order of Protection Issuance: Family Court Act § 153-c
Family Court Act § 153-c has been amended to create a new pilot program that will allow for orders of protection to be approved and issued via teleconferencing. This will be established to accommodate petitioners who believe that there is a potential risk of harm by attending court because of past experiences with domestic violence.
Grandparent Custody: Suarez v. Williams, 26 N.Y.3d 440 (2015)
In Suarez v. Williams, the Court of Appeals ruled that, in extraordinary circumstances where a child has resided with the grandparents over an extended period of time, those grandparents can seek legal custody of the child. The grandparents in question had taken care of their grandchild for nearly a decade before custody was contested.
Prenuptial Agreements & Net Worth: In re Fizzinoglia, 26 N.Y.3d 1031 (2015)
The wife of a deceased husband challenged a prenuptial agreement that kept her from receiving certain assets in the remaining estate. The wife argued that because the net worth and liabilities were not explicitly stated in the prenuptial agreement, that the agreement was invalid. The Court of Appeals, however, rejected this argument, and upheld the agreement because the wife could not prove that she agreed to the prenup under duress or fraud.
You can read more of Attorney Samuelson's column with her analysis of these decisions and legislative changes and others here.
If you are facing a divorce or another urgent family law matter, we invite you to contact us at Samuelson Hause & Samuelson, LLP today. Our skilled and compassionate Long Island divorce attorneys have more than 100 years of combined legal experience..
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