Long Island Divorce Blog
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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
3-Dec-2010
Every litigant has an absolute right of appeal from a decision and order rendered by the trial court (In New York the Supreme court). It is essential that if you feel aggrieved by the decision after trial, that you file a document known as a ...
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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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Posted By Elliot D. Samuelson
9-Nov-2010
Selecting a lawyer to represent you, is much akin to selecting a medical doctor when you are ill with a serious disease. The first consideration should be his or her professional qualifications, which should include published books and articles ...
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Posted By Elliot D. Samuelson
8-Nov-2010
Orders of protection are a potent weapon to prevent physical abuse against a spouse or children and to obtain stay away orders which will result in exclusive occupancy of the marital residence during the time that the case is proceeding in the ...
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Posted By Elliot D. Samuelson
5-Nov-2010
The negotiations leading to the execution of a pre-nuptial agreement is indeed a delicate affair. Care must be had to not permit overreaching, or any sign of trying to pull the wool over the other party's eyes, lest the nuptials may never occur. ...
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Posted By Elliot D. Samuelson
3-Nov-2010
Bringing on a lawsuit to set aside the terms of a marital settlement agreement, whether they are in writing or made in open court and the terms are dictated on the record, is an arduous job. Agreements of settlement are normally favored by the ...
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Posted By Elliot D. Samuelson
2-Nov-2010
Before embarking on a lawsuit to obtain custody of a child, one must make certain that they have the emotional fortitude to see the case through and sufficient finances to obtain top flight counsel that have extensive experience in this field. ...
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Posted By Elliot D. Samuelson
2-Nov-2010
Since the Court of Appeals (the state's hghest appellate court) decided the Tropea case, all child relocation cases have been decided by one uniform principle and that is whether the proposed move would be in the best interest of the children. No ...
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Posted By Elliot D. Samuelson
1-Nov-2010
A recent case decided last week by an appellate court in New York discussed the circumstances under which a court could impute income to a spouse who claims that he is either not making as much money as he or she had in the past, or claims that they ...
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Posted By Elliot D. Samuelson
29-Oct-2010
In our most recent blogs, we discussed some of the changes to the New York Divorce law that created a no fault divorce ground and a more liberal formula standard in granting temporary maintenance awards and counsel fees. However, a new change that ...
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Posted By Elliot D. Samuelson
28-Oct-2010
Another major change in New York divorce law that was passed on October 12th, 2010 includes a provision that creates a rebuttable presumption that the non-monied spouse should receive an award of legal fees from the more monied spouse in order to ...
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Posted By Elliot D. Samuelson
27-Oct-2010
Since the passage of the new divorce laws in New York on October12th, 2010, the award of temporary maintenance (but not permanent awards) is to be computed by an arithmetic formula, leaving no room for the court's discretion in fashioning such ...
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