Recent Posts in Appeals in Divorce Matters Posted By Elliot D. Samuelson 19-Jul-2013 WHICH PARENT GETS DECISION MAKING IN A CUSTODY DISPUTE A recent case decided in the Appellate Division Second Department makes clear that in custody litigation, the court can award sole custody to one parent, while providing for decision making in specific areas of the child's life, to the other. See ... Continue Reading Posted By Elliot D. Samuelson 7-Jun-2013 Agreements to Sell Marital Property While Action is Being Litigated The cases are numerous in holding that a court may not order the sale of the marital residence, or for that matter, other marital property until the conclusion of the case. The courts lack the authority to do so. However, if the parties enter into an ... Continue Reading Posted By Elliot D. Samuelson 29-May-2013 Court Awards Marital Residence to One Spouse It has long been the law in New York that equitable distribution (the division of marital assets by the court) does not equate to equal distribution. The courts must obey the statute and consider the enumerated factors below to reach its ... Continue Reading Posted By Elliot Samuelson 28-Jun-2011 Court of Apppeals Permits Wife to Retain Funds from Husband's Ponzi Scheme 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 ... Continue Reading Posted By Elliot D. Samuelson 7-Dec-2010 Filing an Appeal 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 ... Continue Reading Posted By Elliot D. Samuelson 3-Dec-2010 Appeals in Divorce Cases 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 ... Continue Reading