For many parents, battles over custody are long and uncertain. The case of Samuel Bode Miller-McKenna is no different. A contentious legal action arose when Sara McKenna, now of New York, became pregnant after dating Olympic skiing champion Bode Miller, who resides in California. Mr. Miller, who initially showed no interest in the pregnancy, vigorously asserted his rights after the…
The largest spike in marital infidelity occurs the day immediately after Mother’s Day. This day is now being called “red light Monday” or “Mother’s Stray Day”. Monday, May 12th, 2014, the day immediately following Mothers Day this year, a shocking number of wives signed up with AshleyMadison.com; a dating website established for married individuals seeking affairs. According to psychologists and…
Two more states have joined others, including New York, in legalizing same-sex marriage. Since the U.S. Supreme Court overturned portions of the Defense of Marriage Act, several states have legalized same-sex marriage or chosen not to oppose court decisions that authorize marriage between two persons of the same gender. In May, Pennsylvania and Oregon followed suit in what can only…
Since the sub-prime mortgage crisis of 2008, subsequent economic hardship coupled with an increasing unemployment rate for men has resulted in more “out of work” or “available” fathers. These fathers have morphed their lives into more accessible work schedules and/or working from home. As a result of this, men are achieving custody in great numbers Recently, our firm has handled…
After the conclusion of a divorce, many people think about what they could have done differently. In hindsight, it is easier to see how you might have helped your case. If a divorce is in your future, consider these tips now to help yourself at the outset of your divorce: Try to keep your emotions under control: Even if you…
Recently, a celebrity couple famously announced their preferred method of divorce is conscious uncoupling. The media watches this divorce as it unfolds. Actress Gwyneth Paltrow and musician Chris Martin announced their separation in a now well-known blog statement about conscious uncoupling. From their statement and the essay that follows it, the couple seems intent on civility and respect as they…
As one New York man found out recently, it is important to stick to agreements made during divorce. New York follows a rule of equitable distribution when weighing division of assets and property during a divorce. When couples come to agreements through negotiation or mediation, the court need not be involved. This case springs from an agreement willingly entered into…
Change happens. Recently the Appellate Division, Second Department reversed a dramatic trial court ruling that denied the petition of a mother to relocate—and awarded her ex-husband sole legal and physical custody of her children. Yvette Cruz and Daniel Caruso are the parents of nine-year old twins. The couple divorced in 2004. In 2007, both parties initiated custody proceedings resulting in…
A New York woman saw her divorce settlement reduced for repeatedly attacking the reputation of her estranged husband in the media and around town. Married for almost 20 years, Ira and Janice Schacter engaged in a bitter divorce for seven years. Remarking on the actions of both parties, New York Supreme Court justice, Laura E. Drager commented “[t]his acrimonious divorce…
Amicable partings do not always lead to an uncontested divorce. In New York, an uncontested divorce is possible when both parties agree to all issues or one party fails to respond to the proceeding. It is common for couples with no children and few assets in a marriage of relatively short duration to end their marriage quietly and move on.…