Long Island Divorce Blog
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Posted By Elliot Samuelson
28-Jun-2011
In a landmark case by the state's highest appellate court, the Court of Appeals, decided that in innocent spouse who had no knowledge of a husband's illegal scheme, could retain the money paid to her during a divorce settlement that could be ...
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Posted By Elliot Samuelson
21-May-2011
When you are contemplating a divorce or fear your spouse may be doing so, it is very important to review and locate all bank accounts that are either in your name, your spouses name, or joint accounts. These accounts may be savings or checking. It ...
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Posted By Elliot D. Samuelson
27-Jan-2011
In order to be assured that the pre-nuptial agreement you negotiate will withstand attack in the future when a divorce acrion is commenced, there are certain standards that must be met. In the first instance, you should never recommend an attorney to ...
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Posted By Elliot D. Samuelson
18-Jan-2011
A recent case (January 18th, 2011) makes clear that in a proper case, permanent maintenance may be awarded. In Bayer v. Bayer, that involved a husband in a long term marriage populated with children, who was a high earning doctor, and a corresponding ...
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Posted By Elliot D. Samuelson
8-Jan-2011
Today, almost all data is stored on computers. It is more than likely that your spouse maintains computer records of all his transactions, which may even include cash transactions that would not be elsewhere obtainable. Most business and professional ...
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Posted By Elliot D. Samuelson
7-Jan-2011
In New York, each county has its own Family Court. The courts are open to all persons and it is not necessary to be represented by a lawyer in that court. In addition, the intake clerks stand ready to assist you in drafting a petition for the relief ...
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Posted By Elliot D. Samuelson
23-Dec-2010
The first consideration in hiring a divorce lawyer is to examine the experience and qualifications the lawyer has in the field of divorce and other family law matters such as custody and support. Since there are no standards for specialization in New ...
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Posted By Elliot D. Samuelson
22-Dec-2010
Before you can begin to evaluate an offer of settlement you must have an educated view of the parameters of a court ordered judgment. In this regard the advice of your attorney who should be well versed in the upper and lower limits of a court award, ...
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Posted By Elliot D. Samuelson
21-Dec-2010
This old proverb used by skilled poker players, is no less applicable to partries negotiating a marital settlement agreement. Most parties have unreasonable expectations of what they must pay or receive if their case goes to trial. It is your ...
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Posted By Elliot D. Samuelson
20-Dec-2010
The decision to call the police when domestic violence rears it ugly head is not an easy one to make. Many women feel that they do not want to involve the police in a purely domestic argument. Others consider the impact on the children that a visit ...
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Posted By Elliot D. Samuelson
18-Dec-2010
There are many instances where a parent is addicted to either prescription drugs, or to illegal drugs such as cocaine or marijuana. When this occurs and there is a custody dispute between parents, it is most important on the very first visit before a ...
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Posted By Elliot D. Samuelson
15-Dec-2010
Most busy attorneys do not devote sufficient time in preparing for trial. Making certain that the relevant documents you deem necessary for the defense or prosecution of your case, will be received into evidence, cannot be strongly enough emphasized. ...
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Posted By Elliot D. Samuelson
8-Dec-2010
Orders of protection to day are freely obtainable from the court. There is no need to have an attorney bring a petition before the court for an order of protection,, since the "intake clerks" in each court will interview you, and based upon ...
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Posted By Elliot D. Samuelson
7-Dec-2010
The decision whether to take an appeal, whether it is of right, or whether it is necessary for your lawyer to petition one of the appeals court for permission to take an appeal, is not a light matter. It must be carefully considered to determine ...
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Posted By Elliot D. Samuelson
2-Dec-2010
A recent case by an appellate court makes clear that a parent may deduct college expenses paid for room and board from his child support obligation pursuant to a court order. This result can be avoided by a carefully crafted separation agreement that ...
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Posted By Elliot D. Samuelson
1-Dec-2010
There is no more important facet of divorce litigation than being prepared for a court conference, either to attempt a settlement or to obtain relief such as a court order directing payment of support or matters pertaining to children, such as ...
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Posted By Elliot D. Samuelson
29-Nov-2010
A recent case in the Appellate Division second department highlights the importance of requesting support from the very first opportunity. In that case because the wife had failed to ask for support in her answer, and did not move for temporary ...
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Posted By Elliot D. Samuelson
22-Nov-2010
There is no better way to assemble financial evidence in a contested divorce case than in obtaining your spouse's computer, both the individual as well as the business PC. There will be a treasure trove of information that will include records of ...
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Posted By Elliot D. Samuelson
19-Nov-2010
A recent case in an appeals court highlights the need to bring a lawsuit to set aside the terms of a settlement agreement within six years, the statute of limitations that applies to settlement agreements. In this case, a party determined that their ...
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Posted By Elliot D. Samuelson
18-Nov-2010
Many clients overlook the importance of a first consultation with their lawyers. This is the first opportunity to make full disclosure regarding your financial background and any specific facts that might impact on the outcome of your case. For ...
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Posted By Wendy B. Samuelson
17-Nov-2010
Currently, five states permit same-sex marriage (Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire), plus the District of Columbia. Three more states officially pledge to honor out-of-state same-sex marriages (Maryland, Rhode Island and ...
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Posted By Elliot D. Samuelson
16-Nov-2010
Getting ready to try a custody case involves a great deal of time and effort, as well as emotional turmoil, for both you and your attorney. No aspect of a divorce case is more taxing emotionally, or requires more preparation. Apart from your own ...
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Posted By Elliot D. Samuelson
15-Nov-2010
Many attorneys can overlook favorable clauses to include in separation agreements for a variety of reasons. Much time, negotiations, and effort goes into the settlement agreement, and often clients are in a hurry to strike while the iron is hot and ...
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Posted By Elliot D. Samuelson
12-Nov-2010
Once a divorce case is begun in New York, an Individual Assignment Judge will be assigned to your case, and you will normally stay with such judge until the case is tried and completed. During the pendency of your matter, both you and your attorney ...
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Posted By Elliot D. Samuelson
10-Nov-2010
In a recent case, decided by the appellate division of the second department, which affects residents in Nassau, Suffolk, Queens, Kings, and Westchester Counties, the court held that it need not rely upon a party's account of his or her finances, ...
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