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New York Divorce and Family Law, the definitive site about divorce, child support and custody.

 

 

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Situation Desired: Experienced Family Law and Real Property Law attorney admitted in New York, Massachusetts and New South Wales, Australia, moving back to United States from Sydney, Australia seeks employment in the family law,  environmental, energy, real property, zoning, or land use law field.  Salary negotiable. Contact Evan B. Brandes, telephone number 011 61 431 314 948 or email to:brandeslaw@gmail.com

Important Notice to Subscribers of Law and the Family New York 2d Edition Revised, by Joel R. Brandes. The 2015-2016 update includes five revised Chapters: Volume 2, Chapter 3, Counsel Fees and Attorney Conduct; Volume 3A, Chapter 11, Litigation and Procedure; Volume 3B, Chapter 17, Pensions and Retirement Benefits; Volume 3B, Chapter 19, Maintenance; and Volume 3B, Chapter 20, Temporary Maintenance. The 2015-2016  updates were shipped without Tables of Contents for the revised Chapters. However, the entire Table of Contents for Law and the Family New York 2d Edition Revised is available on the Thomson Reuters Westlaw website or by clicking the Link below.

Click on this link to go to the Thomson Reuters Westlaw Website. Then click on the Table of Contents Link.

To download the Table of Contents directly click on this link.

 

Welcome to New York Divorce and Family Law

"child support" "child custody" "new York Family Law"

Domestic litigation is a part of American life. Almost everyone has been directly or indirectly involved in divorce, custody, or domestic violence proceedings. This site has been designed to make the lawyer more knowledgeable about New York Divorce and Family law, as well as International Child Abduction Law. 

Visitors to the site who require more comprehensive information about New York Divorce and Family Law may purchase Law and The Family New York, 2d Edition Revised and Law and the Family New York Forms directly from Thomson Reuters Westlaw.

Joel R. Brandes, President Joel R. Brandes Consulting Services, Inc. 

New York Divorce and Family Law is  owned and published by Joel R. Brandes Consulting Services, Inc.,  a Florida Corporation, located at 2881 NE 33rd Court, Fort Lauderdale, Florida 33306.  The principals of the Corporation are Joel R. Brandes and Elizabeth Brandes.

Joel R. Brandes Consulting Services, Inc. is not a law firm, and does not give legal advice.  We publish Bits and Bytes™, an electronic newsletter, for New York Divorce and Family Law Attorneys. Joel R. Brandes and Elizabeth Brandes, the owners and operators of Joel R. Brandes Consulting Services, Inc., are not lawyers.
 


Bits and Bytes is written by Joel R. Brandes, the author of Law and the Family New York, Second Edition Revised, and Law and the Family New York Forms (Thomson Reuters Westlaw).

Court Attorneys and Judges may obtain a free subscription to Bits and Bytes, our electronic newsletter published for court attorneys and judges, as a public service,  which reports on important new decisions and laws.  Our electronic newsletter will be sent to you by email twice a month, to keep you up to date on important developments in New York Divorce and Family Law. To subscribe click on this link to fill out a subscription form or send an email containing your name, office address, telephone number and email address to subscribe@nysdivorce.com. Your information will be kept confidential in accordance with our privacy policy.  

Attorneys may obtain a free subscription to Bits and Bytes by sending an email containing your name, office address, telephone number and email address to subscribe@nysdivorce.com.    


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Library of Cases decided under the Hague Convention on the Civil Aspects of International Child Abduction 


    New and Recent Hague Convention on the Civil Aspects of International Child Abduction Cases - Updated May 20, 2015

    Reported Federal and New York State Hague Convention Cases are listed in a separate Alphabetical  table of cases with the case name and citation, with comprehensive summaries of each individual case.  

    Reported Federal Hague Convention Cases and New York State Hague Convention cases are organized by name, citation, subject matter and country, with comprehensive summaries of each individual case.                              

    Unreported Federal Cases decided under the Hague Convention on the Civil Aspects of International Child Abduction are listed in a separate Alphabetical table of cases. They are organized by name, citation, subject matter and country, and have either comprehensive summaries or slip copies of each opinion.    

    Summary of the Basic Rules for the Granting of a Petition for Return of a Wrongfully Removed Child under the Hague Convention on the Civil Aspects of International Child Abduction

      


Joel R. Brandes, the President of Joel R. Brandes Consulting Services, Inc. is the author of  Law and The Family New York, 2d (9 volumes) (Thomson Reuters Westlaw), and Law and the Family New York Forms  (5 volumes) (Thomson Reuters Westlaw). 

These sets can be purchased directly from Thomson Reuters Westlaw at 1-800-544-3008. For more information, click on the links below the volumes pictured below to go to Thomson Reuters Westlaw.  

Law and the Family New York 2d Edition Revised, by Joel R. Brandes, with the 2015-2016  updates by Joel R. Brandes Bari Brandes Corbin and Evan B. Brandes is now available from Thomson Reuters Westlaw. (For information click on this link to go to Thomson Reuters Westlaw). The update includes five revised Chapters: Volume 2, Chapter 3, Counsel Fees and Attorney Conduct; Volume 3A, Chapter 11, Litigation and Procedure; Volume 3B, Chapter 17, Pensions and Retirement Benefits; Volume 3B, Chapter 19, Maintenance; and Volume 3B, Chapter 20, Temporary Maintenance.

 Law and the Family New York Forms, by Joel R. Brandes, with the 2015 updates by Bari Brandes Corbin and Evan B. Brandes is now available. (For information click on link to go to Thomson Reuters Westlaw)

Law and the Family New York Forms, by Joel R. Brandes, with the 2015 updates by Bari Brandes Corbin and Evan B. Brandes, is now on Westlaw. Here is a link to the Westlaw database for Westlaw subscribers.


         Law and The Family New York, 2d (New York Practice Library)Law and The Family New York, 2d (New York Practice Library)Law and The Family New York, 2d (New York Practice Library)Law and The Family New York, 2d (New York Practice Library)Law and The Family New York, 2d (New York Practice Library)

 Law and The Family New York, 2d (New York Practice Library, 9 Volumes) By Joel R. Brandes. (Updated November  2015 by Joel R. Brandes, Bari Brandes Corbin and Evan B. Brandes)

Description: This set is both a treatise and a procedural guide. The usual family law issues are covered such as Formation of the Family Unit, Divorce, Judicial Separation, and Annulments. It presents such vital practical considerations as counsel fees to prosecute or defend an appeal. The text analyzes statutes, discusses cases, and includes authors' notes which present hints, practice pointers, and pitfalls to avoid. It also features a complete discussion of appellate practice and offers step-by-step guidance on how to handle an appeal in each of the state's judicial departments. Research aids annotate the text.   

   Law and The Family New York Forms, 2d (New York Practice Library)

 Law and The Family New York Forms, 2d (New York Practice Library, 5 Volumes) By Joel R. Brandes. (Updated July 2015 by Bari Brandes Corbin and Evan B. Brandes)

Description. This set provides you with practitioner-tested forms for a wide variety of family law matters. It includes forms relating to the creation of the marriage relationship, the attorney-client relationship, matrimonial agreements, and matrimonial litigation. Specific topics covered include antenuptial agreements, separation agreements, modification agreements, and matters relating to infants and incompetents, and service of process.

          Law and the Family New York 2d is written with the assistance of Bari Corbin Brandes and Evan B. Brandes, both of the New York Bar. The authors write the annual supplements to Law and the Family New York 2d.   The 2015 update to Law and the Family New York Forms 2d is written by Bari Corbin Brandes and Evan B. Brandes,

          Bari Corbin Brandes maintains her office for the practice of law in Laurel Hollow, New York. 

          Evan B. Brandes is a member of the New York and Massachusetts Bars and a Solicitor in New South Wales, Australia. He can be reached by clicking on this link.   

          Notice: The information on this site pertains to New York law and is offered as a public service. It is not intended to give legal advice about a specific legal problem. Due to the importance of the individual facts of every case, the information on this site may not necessarily be applicable to any particular case. Changes in the law could at any time make parts of this web site obsolete. The information on this web site was not necessarily written by persons licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal advice and this publication is not intended to give legal advice about a specific legal problem, nor is it a substitute for the advice of an attorney. This information is provided with the understanding that if legal advice is required the services of a competent attorney should be sought.


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Cases of The Week and News  

New and Recent Hague Convention on the Civil Aspects of International Child Abduction Cases - Click here 

 

Court of Appeals Construes "Extended Disruption of Custody", in Domestic Relations Law § 72 (2), in Favor of Grandparents finding they have Standing to Seek Custody

In Suarez v Williams, --- N.E.3d ----, 2015 WL 8788195 (N.Y.), 2015 N.Y. Slip Op. 09231, the Court of Appeals, in an opinion by Judge Leslie Stein, held that grandparents may demonstrate  standing to seek custody, pursuant to Domestic Relations Law § 72 (2) and the Court’s decision in Matter of Bennett v Jeffreys (40 NY2d 543 [1976])  based on extraordinary circumstances where the child has lived with the grandparents for a prolonged period of time, even if the child had contact with, and spent time with, a parent while the child lived with the grandparents. In addition, a parent need not relinquish all care and control of the child. Even if the parent exercises some control over the child, for example during visitation, a parent may still, as a general matter, have voluntarily relinquished care and control of the child to the grandparent to the extent that the grandparent is, in essence, acting as a parent with primary physical custody.

Recent Legislation

Laws of 2015, Chapter 572 amended CPLR 2103 effective January 1, 2016.

CPLR 2103(b)(2) was amended to provide that where a period of time prescribed by law is measured from the service of a paper and service is made by mail outside of the state of New York, but within the geographic boundries of the United States, six days shall be added to the prescribed period. The definition of mailing in CPLR 2103(f)(1) was amended to authorize mailing in the United States, rather than the state of New York.


The purpose of the amendment was so that the rule for mailing service would correspond with that for overnight delivery service in CPLR 2103(b)(6). The Sponsors memorandum in support of the legislation also noted a decision by the Appellate Division, First Department, holding the service by mail made outside the State was insufficient (M. Entertainment, Inc. v. Leydier, 62 A.D.3d 627 (reversed on other grounds, 13 N.Y.3d 827). The amendment authorizes service by mail outside the state, but within the geographical boundries of the United States.


Laws of 2015, Chapter 567 (effective June 18, 2016)


Domestic Relations Law§ 240, subdivision 1 (a) was amended and subdivision (c-1) was added to Family Court Act § 651 (c-1). The purpose of the legislation was to underscore that custody standards apply in cases where custody and visitation petitions brought under these sections are heard jointly with child protective dispositional or permanency hearings in Family Court under Article 10 or 10-A of the Family Court Act.

The following provision was inserted into Domestic Relations Law§ 240 subdivision 1 (a):

Where a proceeding filed pursuant to article ten or ten-A of the family court act is pending at the same time as a proceeding brought in the supreme court involving the custody of, or right to visitation with, any child of a marriage, the court presiding over the proceeding under article ten or ten-A of the family court act may jointly hear the dispositional hearing on the petition under article ten or the permanency hearing under article ten-A of the family court act and, upon referral from the supreme court, the hearing to resolve the matter of custody or visitation in the proceeding pending in the supreme court; provided however, the court must determine custody or visitation in accordance with the terms of this section.

The following provision was added to Family Court Act §651:


(c–1) Where a proceeding filed pursuant to article ten or ten-A of this act is pending at the same time as a proceeding brought in the family court pursuant to this article, the court presiding over the proceeding under article ten or ten-A of this act may jointly hear the hearing on the custody and visitation petition under this article and the dispositional hearing on the petition under article ten or the permanency hearing under article ten-A of this act; provided, however, the court must determine the custody and visitation petition in accordance with the terms of this article.

 

Laws of 2015, Ch 447

Laws of 2015, Ch 447 amended Domestic Relations Law §237 (a) effective November 20, 2015, and applicable to all actions whenever commenced, to provide that an unrepresented litigant shall not be required to file an  affidavit  detailing  fee  arrangements  when making  an  application  for  an  award  of  counsel  fees and expenses. However, as a condition precedent to not being required to file such affidavit the unrepresented litigant must have submitted an affidavit that he or she  is  unable to  afford  counsel  with supporting proof, including a statement of net worth, and, if available, W-2 statements  and  income  tax  returns  for himself  or herself.  

According to the New York Assembly Memorandum in Support of the Legislation the purpose of the amendment was “to make clear that indigent pro se litigants may make an application for an award of fees necessary to obtain counsel without the formal requirement of an affidavit detailing fee arrangements with counsel, provided proof has been submitted of an inability to afford counsel.”

 

New Temporary Maintenance Guidelines Apply Only to Actions Commenced on or after October 25, 2015

The new temporary maintenance guidelines apply in matrimonial actions commencement on or after October 25, 2015. Click on the following links to go to the  New temporary maintenance calculator worksheet and calculator which appear on the New York Court System website.

See Laws of 2015, Ch 269, which provides that section three of the act, which amended Domestic Relations Law 235[B][5-a] dealing with Temporary Maintenance Awards, “ shall take effect on the thirtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date.” The other sections of the Act are effective January 23, 2016.

Click on this link for the Temporary Maintenance Calculator Worksheet for Use in Actions Commenced before October 25, 2015

 

Laws of 2015, Ch 387, approved October 26, 2015, effective January 24, 2016.

          The statutory provisions for child support have been amended to reflect the fact that spousal maintenance is money no longer available as income to the payor, but constitutes income to the payee,  so long as the order or agreement for such maintenance lasts.

           Domestic Relations Law § 240(1-b)(5)(iii) and Family Court Act § 413(1)(b)(5)(iii) were amended to add a new subclause (I) to each that requires that alimony or spousal maintenance actually paid to a spouse who is a party to the action must be added to the recipient spouse's income, provided that the order contains an automatic adjustment to take effect upon the termination of the maintenance award. According to the New York Assembly Memorandum in Support of Legislation this addition would be based upon an amount already paid, e.g., an amount reported on the recipient spouse's last income tax return, and would not simply be an estimate of future payments.

         Domestic Relations Law § 240(1-b)(5)(vii)(C) and Family Court Act § 413(1)(b)(5)(vii)(C) were amended to clarify that, where spousal maintenance payments are deducted from the payor's income, the order must contain a specific provision adjusting the child support amount automatically upon the termination of the spousal maintenance award. According to the New York Assembly Memorandum in Support of Legislation this relieves the custodial parent of the burden of moving for a modification of the child support order upon the termination of maintenance but leaves open the possibility for either or both parties to seek a modification of the automatic adjustment if, at the point where maintenance terminates, the income of either of the parties has changed in an amount that would qualify for modification under Family Court Act § 451(3)(b)(ii) or Domestic Relations Law § 236B(9)(b)(2)(ii), e.g., in excess of 15% or a lapse of three years or more. The specific adjustment in the amount of child support is without prejudice to either party's right to seek a modification in accordance with Family Court Act § 451(3) or Domestic Relations Law § 236B(9)(b)(2) with the proviso that in a subsequent action for modification, the inclusion of the specific adjustment shall not by itself constitute a "substantial change of circumstances."

          Laws of 2015, Ch 347, § 1 amended Social Services Law § 111-i to align the timing of the adjustment of the Combined Parental Income Adjustment with the adjustment of the poverty income guidelines amount for a single person and the self-support reserve.

 

Laws of 2015, Ch 369

Laws of 2015, Ch 369, § 2 repealed Article 5-B of the Family Court Act and enacted the 2008 version of the Uniform Interstate Family Support Act (UIFSA) as a new Article 5-B of the Family Court Act. Chapter 369 was signed into law on September 25, 2015. Section 1 is effective on December 24, 2015. New Article 5-B to the Family Court Act applies to any action or proceeding filed or order issued on or before the effective date of new Article 5-B, consistent with new section 580-903 of the Family Court Act which shall be effective on January 1, 2016.

Laws of 2015, Ch 269

Laws of 2015, Ch 269 amended Domestic Relations Law §236 [B][1][a], Domestic Relations Law §236 [B][5][d][7], Domestic Relations Law §236 [B][6], Domestic Relations Law § 248, Domestic Relations Law §236 [B][9][1], Family Court Act § 412, effective January 23, 2016, and amended Domestic Relations Law § 236 [B][5-a], effective October 25, 2015.

[Click for a Commentary on the Amendments]

 Summary of the Amendments

          The amendments eliminated “enhanced earning capacity as a marital asset” for purposes of equitable distribution (Domestic Relations Law §236 [B] [5] [d] [7]) but did not eliminate as a factor the direct or indirect contributions to the development during the marriage of the enhanced earning capacity of the other spouse. They adopted mandatory guidelines with formulas for the calculation of maintenance and spousal support awards, (Domestic Relations Law §236 [B] [6] and Family Court Act § 412), added actual or partial retirement as a ground for modification of post-divorce maintenance where it results in a substantial diminution of income. (Domestic Relations Law §236 [B] [9] [1]) and made Domestic Relations Law § 248 gender neutral.

Income Cap Lowered

          The amendments lowered the income cap for the formula portion of temporary maintenance awards, (Domestic Relations Law § 236 [B] [5-a]) from the current $543,000 to $175,000 of the payor's income.

            An income cap of $175,000 cap applies to post-divorce maintenance awards and spousal support awards.

Temporary Maintenance

           There is a new formula for determining temporary maintenance.

In determining temporary maintenance, the court can allocate the responsibility for payment of specific family expenses between the parties.

            The temporary maintenance award must terminate no later than the issuance of a judgment of divorce or the death of either party. This amendment is intended to clarify that the Supreme Court has the power to limit the duration of temporary maintenance.

          New Formulas for Calculating Temporary Maintenance, Post-Divorce Maintenance and Spousal Support

There are now mandatory formulas for the calculation of maintenance and spousal support awards.

There are two formulas to be used in calculating maintenance and spousal support: one where child support will be paid and where the temporary maintenance payor, post-divorce maintenance payor or spousal support payor is also the non-custodial parent for child support purposes; and one where child support will not be paid, or where it will be paid but the temporary maintenance payor, post-divorce maintenance payor or spousal support payor is the custodial parent for child support purposes.

            Those formulas are as follows:

           a. With child support where the temporary maintenance payor, post-divorce maintenance payor or spousal support payor is also the non-custodial parent for child support purposes: (i) subtract 25% of the maintenance payee's income from 20% of the maintenance payor's income; (ii) multiply the sum of the maintenance payor's income and the maintenance payee's income by 40% and subtract the maintenance payee's income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance;

b. Without child support, or with child support but where the temporary maintenance payor, post-divorce maintenance payor or spousal support payor is the custodial parent for child support purposes:  (i) subtract 20% of the maintenance payee's income from 30% of the maintenance payor's income; (ii) multiply the sum of the maintenance payor's income and the maintenance payee's income by 40% and subtract the maintenance payee's income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.

 Post-Divorce Maintenance Guidelines

          The definition of income for post-divorce maintenance includes income from income-producing property that is being equitably distributed.

Factors the court may consider in post-divorce maintenance now include termination of child support, and income or imputed income on assets being equitably distributed.  

           There is an “advisory” durational formula for determining the duration of post-divorce maintenance awards. However, nothing prevents the court from awarding non-durational, post-divorce maintenance in an appropriate case. In determining the duration of maintenance, the court is required to consider anticipated retirement assets, benefits and retirement eligibility age.

 Modification of Post-Divorce Maintenance

            Actual or partial retirement is a ground for modification of post-divorce maintenance assuming it results in a substantial diminution of income.

  Spousal Support Guidelines for Family Court

            Spousal support guidelines are established for Family Court using the same two formulas set forth for maintenance guidelines, as follows: one where child support will be paid and where the spousal support payor is also the non-custodial parent for child support purposes; and one where child support will not be paid, or where child support will be paid but the spousal support payor is the custodial parent for child support purposes. The $175,000 income cap applies.

The court may adjust the guideline amount of spousal support up to the income cap where it finds that the guideline amount of spousal support is unjust or inappropriate after consideration of one or more factors, which shall be set forth in the court's written or on the record decision.

Where there is income over the cap, additional spousal support may be awarded after consideration of one or more factors, which shall be set forth in the court's written or on the record decision.

           A new factor for the court to consider in spousal support awards as well as maintenance awards is termination of a child support award.

          The Family Court may modify an order of spousal support upon a showing of a substantial change in circumstances. Unless so modified, spousal support orders set pursuant to the guidelines shall continue until the earliest to occur of a written or oral stipulation/agreement on the record, issuance of a judgment of divorce or other order in a matrimonial proceeding, or the death of either party. This is not intended to change current law with respect to Family Court's ability to terminate spousal support. (See NY Legis. Memo 237 (2015)).

Effective Date

           The amendments become effective January 25, 2015 and apply to all matrimonial and Family Court actions for spousal support commenced on or after such effective date, including the provisions regarding post-divorce maintenance and spousal support awards. However, the provisions regarding temporary maintenance take effect October 25, 2015.

Court of Appeals Holds That There Is No Exception to Physician Patient Privilege for Abuse Admitted to Psychiatrist Even If a Patient Is Cognizant of Psychiatrist's Reporting Obligations under Child Protection Statutes

In People v. David Rivera, No. 20, NYLJ 1202725546913, at *1 (Ct. of App., Decided May 5, 2015) defendant, while seeking treatment from a psychiatrist, admitted to sexually abusing an 11year old relative. The psychiatrist notified the Administration for Children's Services (ACS) of defendant's admission. Following an in camera review of the records, Supreme Court held that the admissions defendant made to his psychiatrist were privileged because they were made in the course of diagnosis and treatment of his condition. However, the court, while refusing to allow "the full extent of defendant's admissions" to be used, held that, because the psychiatrist had disclosed the reported abuse to ACS, the fact that defendant had admitted to the abuse was admissible .The Court of Appeals held that the trial court's ruling ran afoul of the physician patient privilege (see CPLR 4504 [a]). It rejected the People’s claim that, because defendant's admission related to the sexual abuse of a child, it was not privileged since defendant had no reason to believe that it would remain confidential. The Court of Appeals held that regardless of whether a physician is required or permitted by law to report instances of abuse or threatened future harm to authorities, which may involve the disclosure of confidential information, it does not follow that such disclosure necessarily constitutes an abrogation of the evidentiary privilege a criminal defendant enjoys under CPLR 4504 (a).

 

U.S. Supreme Court Holds that Same-sex Couples May Not Be Deprived of Right to Marry

In Obergefell et Al. V. Hodges, Director, Ohio Department of Health, et Al., 576 US ____(2015) the U.S. Supreme Court concluded that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court held that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them. Baker v. Nelson, 409 U. S. 810, a one-line summary decision issued in 1972, holding that the exclusion of same-sex couples from marriage did not present a substantial federal question, was overruled, and the State laws challenged by Petitioners in these cases were held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite sex couples.

2015 Child Support Standards Chart released March 6, 2015

According to the Child Support Standards Chart, [LDSS 4515 (3/15)] released March 6, 2015, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, the 2015 poverty income guideline amount for a single person as reported by the United States Department of Health and Human Services is $11,770 and the 2015 self-support reserve is $15,890.

View and Download the 2015 Child Support Standards Chart 

 

Cases of the Week and News is Continued on News Page - Click here for News Page

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Click to Visit our New York Divorce and Family Law Blog .

Click to Visit "A Child is Missing: The International Child Abduction Blog" - Our blog devoted to the Hague Convention on the Civil Aspects of International Child Abduction. Hague Convention cases are reported on our blog before they appear on this website.  

Both of our blogs have been added to the American Bar Association Blog Directory



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Court Rules

For Emergency applications in Supreme Court civil cases outside of regular court hours, call: (800) 430-8457, or email: emergency@nycourts.gov (See http://www.courts.state.ny.us/admin/oca.shtml Last Accessed May 8, 2009)

A "Protocol for Emergency Applications", designed to facilitate applications for Emergency Applications outside of regular court hours in the evening and on weekends and holidays when the courthouse is closed, was issued by the Chief Administrative judge. It establishes the central phone number and e-mail address listed above for attorneys to use in the event of an emergency. According to the protocol, staff members from the Division of Technology will pass on the requests to the administrative judge or a designated back-up, who will arrange to have a judge hear the application.

The Appellate Divisions in the First and Second Departments have rules with regard to the number of words and size of typefaces used in briefs. Click here for a simple explanation of those rules. 

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New York Divorce and Family Laws, Forms, Rules, Court Calendars, Decisions and Information


Adoption Information

American Bar Association, Family Law Quarterly, "Family Law In the Fifty States" chart summarizing Grounds for Divorce and Residency Requirements. Winter 2011

Bar Association Divorce and Family Law Resources

Bits and Bytes ™ Timetable For Service of Motion Papers may be downloaded here.

Child Support Standards Chart for New York (April 2011)

Child Abduction and International Child Abduction Information

Child Abuse Prevention Information

Child Custody Information

Child Support Information

Children's Issues Information

Family Law Uniform Laws

Federal Law Divorce Resources (Pension and Social Security)

Library of New York Maintenance and Equitable Distributions Cases from July 19, 1980 to 2010

Locate a  Divorce Lawyer on the IAML AND AAML websites

New York Courts Help (Court Facts, Law, Courts and Lawyers)

New York Court Websites with Opinions, Decisions and Orders

New York Divorce and Family Law Statutes, Court Rules, and New Legislation

New York Lawyers Rules of Professional Conduct Applicable to Conduct On and After April 1, 2009 

New York Lawyers "Rules of Professional Conduct for Family Law Attorneys," written by Joel R. Brandes, discusses the rules that particularly effect New York Matrimonial and Family law attorneys. (Click here to download the Article )       

New York Lawyers Code of Professional Responsibility Applicable to Conduct Prior to April 1, 2009

New York State Courts eCourts Divorce Resources

New York Divorce County Specific Divorce Information from courts that provide county-specific online divorce information:

New York City:

      Bronx County:
Information on contested and uncontested matrimonial (divorce) actions in Bronx County. Links available to FAQs, forms, flowcharts, checklists, and procedures.

Kings County (Brooklyn):
Information on contested and uncontested matrimonial (divorce) actions in Kings County (Brooklyn). Provides links to
FAQs, local and statewide forms, and rules.

New York County (Manhattan):
Information on contested and uncontested matrimonial (divorce) actions. Information also available on local, reduced-fee
mediation program for cases already in court.

Queens County:
Information on contested and uncontested matrimonial actions (divorce) in Queens County. Link also available to local, reduced-fee
mediation program for cases already in court.

Richmond County (Staten Island):
Provides contact information for clerk’s office.

 

Eighth Judicial District — includes: Allegany, Cattaraugus, Chautauqua, Erie (Buffalo), Genesee, Niagara, Orleans & Wyoming Counties (Provides links to forms for contested and uncontested divorces, Help Center information, Children Come First program, mediation and parenting coordination. Residents of Erie County (includes Buffalo) may also want to learn about the Expedited Matrimonial Part.)

 

Nassau County  Information on contested and uncontested divorce in Nassau County. Links to checklists, including one for common filing mistakes in uncontested cases, a time-line for contested divorce cases, information on alternate service (when you cannot locate your spouse), and more. Nassau is also home to an innovative Children Come First Program, where trained professionals help people to resolve parenting disputes early on in the divorce process.

 

Onondaga County — includes: Syracuse
Provides contact information for clerk’s office, and for the Dedicated Matrimonial Part in Syracuse. The 5th Judicial District also provides a
list of neutral evaluators and mediators for people with cases in court.

Westchester County
Links to
Westchester-specific forms, Westchester rules, and to a mediation program for cases already in court.

New York Matrimonial Timeline For Contested Actions

New York Supreme Court and Family Court Official Forms ( Uncontested Divorce Forms and Table of Filing Fees)  All of the Official Supreme Court Forms and Family Court forms for use in child custody, support, paternity, juvenile delinquency, persons in need of supervision and child welfare proceedings can be obtained.)

New York State Unified Court System Future Court Appearance System (including Supreme Court Calendars, Instructions, and Online Decisions )  

New York  Uniform Court System Web site (with link to ecourts Case Information Services to search decisions, case information and free etrack case tracking services)

New York Family Court Attorney Check in

New York Supreme Court Library at Buffalo - Great Big List of Legal Web Sites

New York Valuation Aids

The Lighter Side of the Law

US Supreme Court Databases

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Q & A about New York Marriage, Divorce, Separation and Custody


Annulment: Is annulment different than divorce?  How do I get one?

Agreements: Are Pre-Nuptial Agreements Enforceable?

Agreements: What must be in a settlement agreement to be enforceable?

Child Custody: Will I get sole custody?  What is joint custody?

Child Support: How much support will I receive or have to pay?

Collaborative Divorce: What is it?

Common Law Marriage: What States Allow Common Law Marriages today? 

Divorce: What are the Grounds For Divorce in New York ?

Enforcement of Maintenance & Child Support : How do I enforce my award?

Equitable Distribution: What property am I entitled to receive?

Equitable Distribution Definitions: What is Equitable Distribution?

Maintenance : How much will I get or pay  and for how long?

Maintenance Awards: Who is entitled to Medical, Dental and Life Insurance?

Matrimonial Actions: What is the Procedure?

Matrimonial Costs and Attorneys Fees: What will it cost me?

Mediation: Are there standards of conduct for mediators?

Modification: Can I get maintenance or child support increased or reduced?

Motion Practice: What is a motion and what is the procedure?

Insurance: What kind of insurance can the court award me?

Insurance: How do I enforce my right as irrevocable beneficiary?

Insurance: What provisions for medical insurance must be in child support orders?

Insurance: What is a Qualified Medical Child Support Order?

Passports: How do I find out if one was issued for my child?

Pre-Divorce Rights: What rights do I have as a spouse?

Protective Orders: How do I get one?

Separation and Pre-marital Agreements: What should they contain?

Social Security: Frequently Asked Questions    

Table of Witness Subpoena Fees     

Uncontested Divorce: What is an Uncontested Divorce? How do I get one?


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Articles of Interest to Attorneys by our Editors Published in The New York Family Law Monthly

February 2005, The Fugitive Disentitlement Remedy, Applying the Remedy in Custody and Child Support Cases, By Joel R. Brandes

March 2005, Fair Trials and the Recusal of Judges, By Joel R. Brandes and Bari Brandes Corbin

April 2005, Law Guardian or Guardian Ad Litem?, By Joel R. Brandes and Bari Brandes Corbin

May 2005, Interest on a Distributive Award, By Bari Brandes Corbin

July 2005, Identifying Expert Witnesses - The Penalties Of Nondisclosure, By Bari Brandes Corbin

September 2005, Custody Cases and Forensic Experts, By Bari Brandes Corbin

July 2006, Divorce and the Military, Part One of a Three Part Article, by Evan B. Brandes  

August 2006, Divorce and the Military, Part Two of a Three Part Article, by Evan B. Brandes  

September 2006, Divorce and the Military, Part Three of a Three Part Article, by Evan B. Brandes  

March 2007, Unfair Marital Agreements, Part One of  a Two Part Article,  by Bari Brandes Corbin  

April  2007, Unfair Marital Agreements, Part One of  a Two Part Article,  by Bari Brandes Corbin  

December 2007, Interpreting and Applying the Hague Convention, Part One of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes             

January 2008, Interpreting and Applying the Hague Convention, Rights of Custody Defined, Part Two of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes              

February  2008, Interpreting and Applying the Hague Convention, Defenses to Return, Part Three of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes    

June 2008, Hearsay Evidence in Custody Cases, Part One of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes  

July 2008, Hearsay Evidence in Custody Cases, Part Two of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes

August 2008, Hearsay Evidence in Custody Cases, Part Three of a Three Part Article, By Bari Brandes Corbin and Evan B. Brandes

June 2009, Important Rules of Evidence for Family Law Attorneys, Part One of a Three-Part Article, By Bari Brandes Corbin and Evan B. Brandes

July 2009, Evidence and Family Practice, Part Two of a Three-Part Article, By Bari Brandes Corbin and Evan B. Brandes

August 2009, The Evidence  Rules All Family Law Attorneys Should Master, Part Three of a Three-Part Article, By Bari Brandes Corbin and Evan B. Brandes

October, 2009, Listening in: the Use of Audio Recordings in Family Court Proceedings, By Bari Brandes Corbin and Evan B. Brandes

November 2010, Custody Awards and Zones of Decision-Making By Bari Brandes Corbin and Evan B. Brandes, Part One of a Two-Part Article

December 2010, Custody Awards and Zones of Decision-Making By Bari Brandes Corbin and Evan B. Brandes, Part Two of a Two-Part Article

April 2011, The New ‘Irretrievable Breakdown’ Ground for Divorce By Bari Brandes Corbin and Evan B. Brandes

October 2011, Considering Public Policy When Drafting Separation Agreements By Bari Brandes Corbin and Evan B. Brandes, Part One of a Two-Part Article

November 2011, Public Policy Considerations in Drafting Separation Agreements By Bari Brandes Corbin and Evan B. Brandes, Part Two of a Two-Part Article

June 2012, Filing Objections to the Final Order of a Support Magistrate  By Bari Brandes Corbin and Evan Brandes

July 2013,

Spoilation of Evidence in Family Matters,
By Bari Brandes Corbin and Evan B. Brandes

 

Articles of Interest By our Editors Published in The New York Law Journal

Federal Criminal Enforcement of Child Support Obligations, by Hon. George B. Daniels and Joel R. Brandes, New York Law Journal, December 9, 2011

Enforcement of Unacknowledged Marital Agreements, by  Bari Brandes Corbin and Evan B. Brandes,   New York Law Journal, October 15, 2012

 

 


Now You Know

Experts are people who know a great deal about very little and who go along learning more and more abut less and less until they know practically everything about nothing. Lawyers, on the other hand are people who know very little about many things and keep learning less and less about more and more until they know practically nothing about everything.

Judges are people who start out knowing everything about everything but end up knowing nothing about everything because of their constant association with experts and lawyers.

From: "The Howls of Justice: Comedy’s Day in Court" © 1988 By Angie Papadakis and Harry T. Sharer. Harcourt Brace Jovanovich, Inc.

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New York Divorce and Family Law

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Our web site has many links to web sites of other organizations, including, but not limited to court systems, publishers of legal information, agencies, educational institutions, profit making companies and non-profit associations. While we offer these electronic links for your convenience in accessing New York Divorce and Family Law related information, please be aware that when you exit our web site, the privacy policy stated on our web site may not be the same as that on other web sites. In addition, we cannot attest to the accuracy of the information provided by linked sites. Linking to a web site does not constitute an endorsement by us of the information presented on the linked site or the products that may be sold on the linked site.

Potential clients of any law firm listed on this site are advised to read the Statement of Clients Rights, which New York matrimonial attorneys are required to provide to them at the initial consultation, as well as the Statement of Clients Rights and Responsibilities.

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This website was last updated on January 4, 2016.

 

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