Family law disputes do not always end with divorce or death. In many cases, unresolved marital agreements resurface after a spouse passes away, placing surviving family members in prolonged litigation. A recent New York decision illustrates how prenuptial agreements, marital housing rights, and waiver of spousal interests can become central…
In New York divorce litigation, the threshold question of whether a valid marriage exists can be outcome-determinative. When parties participate in a religious ceremony without obtaining a marriage license, courts must carefully assess whether the ceremony satisfies statutory requirements for a legally recognized marriage. A recent decision highlights the limits…
In New York child support cases, it is not uncommon for one parent to request an upward modification if they believe the other parent’s income has increased. However, courts require clear, specific proof before altering an existing support order. A recent New York decision highlights how even credible concerns about…
In interstate and international custody disputes, even the most urgent requests can be denied if the court lacks proper jurisdiction over a parent. In other words, procedural rules governing service of process and notice are not mere technicalities but fundamental safeguards that ensure fairness and due process. A recent New…
In New York family law, few issues are as emotionally charged as disputes over a parent’s right to consent to a child’s adoption. When a parent has been absent from a child’s life for years, courts must weigh the child’s stability, safety, and emotional needs against the parental rights of…
In New York, divorces involving substantial assets and complex financial histories often turn on how courts classify property, value investments, and weigh each spouse’s contributions. When millions of dollars, investment interests, and long-term financial planning are at stake, even small variations in a court’s findings can dramatically affect the final…
In high-conflict New York divorces, disputes over temporary support, living expenses, and attorney fees can significantly impact the entire course of the litigation. When one spouse seeks financial relief while the other challenges the fairness or amount of such awards, the outcome often depends on how the court balances immediate…
Custody disputes can become particularly fraught in high-conflict divorces, especially when one parent seeks to modify a previously agreed-upon arrangement. New York courts, however, are generally reluctant to disrupt a negotiated parenting plan absent clear proof that a substantial change in circumstances has occurred. A recent New York ruling illustrates the…
Divorce litigation often leads to contentious disputes, not only between spouses but also between their attorneys. In high-conflict cases involving financial disclosure, third-party subpoenas, and allegations of attorney misconduct, courts must determine whether a lawyer can continue to represent a client when personal knowledge of disputed facts may make the…
In New York custody matters, the best interests of the child remain paramount. Yet determining how those interests are best served can be challenging when both parents have actively participated in raising the children, and each seeks primary custody. A recent decision from a New York court illustrates how trial…