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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?
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pay and for how long?
Maintenance Awards: Who is entitled to
Medical, Dental and Life Insurance?
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Procedure ?
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What kind of insurance can the court award me ?
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Insurance: What provisions for m edical
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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
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Uncontested Divorce? How do I get one?
Library of All Federal and New York Cases
decided under the
Hague Convention on the Civil Aspects of International Child
Abduction
All Reported Federal Hague Convention Cases and New York State
Hague Convention cases are organized by
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with comprehensive summaries of each individual case.
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are listed in a separate Alphabetical
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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 A lphabetical 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
New and Recent Hague Convention International Child Abduction Cases
Decided in 2011
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ARTICLES BY SUBJECT
●Adoption
Surrender Agreements
in Adoption Proceedings", January 26, 1999
"The Rights of
Unwed Fathers", May 28, 1996
"The 'Child's Best Interests' in Adoption Cases", November 28, 1995
● Agreements
" The Matrimonial Agreement Primer", by Joel R. Brandes, Beyond the Bar, February, 2001 (Part 1)
"The Matrimonial Agreement Primer", by Joel R. Brandes, Beyond the Bar, March, 2001 (Part 2) "The Matrimonial Agreement Primer", by Joel R. Brandes, Beyond the Bar, April, 2001(Part 3)
"Parties Stipulations Revisited", January 22, 2002
"Invalidity of Prenuptial Agreements", July 24, 2001
Open Court Stipulations In Matrimonial Agreements", May 23, 2000
"Merger or Survival of Agreements", September 29, 1999
"The Validity of Prenuptial Agreements", December 22, 1998
"Termination of Child Support Agreements" June 23, 1998
"No Safe Harbor For Open-Court Stipulations", February 24, 1998
Articles Published in The New York Family Law Monthly Written By Our Editors
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
●Alimony,
Maintenance and Spousal Support
Alimony and Maintenance: Is There a Difference?
Continuing Jurisdiction Over
Support Orders, May 26, 1998
Insurance Coverage and Medical Support Enforcement, August
24, 1993
McSparron and Maintenance Awards,
October 28, 1997
Termination of
Maintenance Provisions, April 6, 1998
"The Low Income Support and Performance Improvement Act of 2010" by Joel R. Brandes, Bari Corbin Brandes and Evan B. Brandes
"The 2010 Divorce Reform Amendments" by Joel R. Brandes, Bari Corbin Brandes and Evan B. Brandes
Mandatory Health Care Expenses by Joel R. Brandes
Child
Abuse
"A Good Smack Never
Hurt Nobody", March 29, 2001
"An Abused
Child's Emergency Removal From Home, February 26, 1996
● Child
Abduction
Child Custody: Jurisdiction Under
The Uniform Child Custody Jurisdiction Act and The PKPA
Custody Under the
UCCJEA
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
● Child
Custody and Parental Alienation
Adopting Law Guardian
Standards
Arbitration of Custody and
Visitation Disputes
Cases Admitting
Parental Alienation Syndrome Testimony
Child Custody Evaluations
Court Appointed Experts
Custody Modification
Jurisdiction
Custody
Jurisdiction Under the UCCJA and PKPA
Custody Jurisdiction Under the UCCJEA
Habeas Corpus Proceedings
Judging the Best Interests of the Child
Parental Alienation, March 26, 2000
Parental Alienation Syndrome
vs. Parental Alienation: Which Diagnosis Should Evaluators Use in
Child-Custody Disputes? By
Richard A. Gardner, M.D.
Re-examining
the Role of the Law Guardian
Relocation Resolved
Relocation Revisited
Richard Gardner's
Comment on Carol Bruch's Article
The Empowerment of Children in the
Development of Parental Alienation Syndrome by Richard A. Gardner,
M.D.
The Judiciary’s Role in the Etiology, Symptom Development, and
Treatment of the Parental Alienation Syndrome (PAS) By
Richard A. Gardner,
MD
When the Custodial Parent
Relocates
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
●Child
Support
Child
Support Guidelines Calculations Chart
"Invalid
Child Support Agreements", May 29, 2001
"Imputed or Attributed
Income", April 25, 2000
"Support Awards: 'Cassano Revisited' ", May 25, 1999
"Child
Support Awards and Joint or Shared Custody", April 27, 1999
"The Federalization of Child
Support Issues", January 27, 1998
"Additional Awards For Child Support", December 23, 1997
"Joint
Custody and Child Support Awards", November 25, 1997
"Child Support: The Increasing Right of Children", November
26, 1996
"Social Security, and Child Support Revisited", March 26,
1996
"Social Security, Disability Benefits and Child Support",
July 25, 1995
"The Changes in Calculating Child Support", May 23, 1995
"Child Support, Agreements and the Rights of Children",
March 28, 1995
"Visitation
and Child Support: Emerging Rights of Children", January 24,
1995
●Child
Visitation
Supervised
Visitation Programs in New York City and Surrounding
Counties
Common
Law Marriage
Common Law
Marriages Marriage: History of Marriage and
Common Law Marriage
Domestic
Violence
"Full Faith and Credit to
Protective Orders", July 27, 1999
"Wiping Out Domestic
Violence", September 24, 1996
"Looking Out for the
Children of Domestic Violence", August 27, 1996
Degrees
and Licenses
"
McSparron
Revisited, Reaffirmed and Refined", August 22, 2000
"Valuation of
a Professional License", December 24, 1996
"The Valuing of
Law Practices", November 22, 1994
Engagement
Gifts
"The Return of Engagement
Gifts", October 27, 1998
●Enforcement
"Automatic Enforcement and Modification of Support Awards",
October 22, 1996
"Collection of Support Arrears Without a Money Judgment",
July 23, 1996
Collecting Support Arrears Without a Money Judgment
"Contempt
For Spouse Who Defaults in Payment", February 25, 1997
Contempt of Court
"Direct
Enforcement of Support Orders Under UIFSA", June 22, 1999
Enforcement of Support Orders by Tax Department" July 22,
1997
" Failure to Pay
Support and the Suspension of Licenses", June 25, 1996
"Full Faith and Credit to
Child-Support Orders", August 22, 1995
"Pre-Commencement Sequestration", July 27, 1993
●Grandparent
Visitation and Non-Parent Visitation
Grandparent
Visitation: NJ Law Infringes on Parental Right, by
Joel R. Brandes, New Jersey Lawyer,
October 9, 2000
New York Law
Journal Articles
"Visitation
Rights Of Non-Parents", December 19, 2001
"Grandparent Visitation Rights, New York State and the
Constitution", September 7, 2000
"Nonparent
Visitation: Whose Best Interest?", December 28, 1999
"Visitation Rights of Grandparents, Siblings and Others",
September 24, 1991
● Grounds
For Divorce
Divorce: History of Divorce in New
York
Grounds For Divorce:
Abandonment
Grounds For
Divorce: Abandonment - Defenses To Abandonment
Grounds For
Divorce: Adultery
Grounds For
Divorce: Adultery - Defenses To Adultery
Grounds For
Divorce: Cruel and Inhuman Treatment
Grounds For Divorce:
Cruel and Inhuman Treatment - Defenses To Cruel and Inhuman Treatment
Grounds For
Divorce: Imprisonment
Grounds For
Divorce: Imprisonment - Defenses To Imprisonment
Grounds For
Divorce: Living Separate Pursuant to Separation Judgment
Grounds For
Divorce: Living Separate Pursuant to Separation Agreement
Grounds For
Divorce: Living Separate Pursuant to Separation Judgment
or Agreement - Defenses
Grounds For Divorce: What Must Be
Proven
"Hessen Revisited - The
Cruelty Ground For Divorce", January 26, 2000
"Sexual
Relations and Abandonment", November 24, 1998
"Living Apart -
Grounds For Divorce", December 28, 1993
"Adultery As A Ground for Divorce",
September 28, 1993
"Abandonment:
When Is Sexual Refusal Justified?", November 26,
1991
April 2011 ,
The New ‘Irretrievable Breakdown’ Ground for Divorce By Bari Brandes Corbin and Evan B. Brandes
"The Irretrievable Breakdown Ground for Divorce" by Joel R. Brandes, Bari Brandes Corbin and Evan B. Brandes.
● International
Child Abduction
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
"Habitual Residence Under the Hague Convention", September 23, 1997
"International Child Abduction", October 26, 1993
"Passport Clauses in Custody Agreements", April 8, 2002
Thwarting Abductions By Parents, by Joel R. Brandes, New Jersey Lawyer, February 11, 2002
"The Hague Convention's Psychological Harm Defense", January 30, 2001
Department of State, Public Notice 957, Hague International Child Abduction Convention; Text and Legal Analysis
The Explanatory Report of Professor Elisa Perez-Vera - Commentary on the Hague Convention.
Articles Published in The New York Family Law Monthly Written By Our Editors
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
●Legal
Fee Awards and Awards For Expenses
"Fee Dispute Arbitration",
July 27, 2000 "Compensation of Law Guardian",
July 28, 1998
"More
Equitable Counsel Fee Awards", August 24, 1999
"Costs and Sanctions for
Frivolous Actions", April 22, 1997
"Where the
Buck Stops for Law Guardians", September 26, 1995
"Attorney's Liens", June
25, 1991
"The 2010 Divorce Reform Amendments" by Joel R. Brandes, Bari Corbin Brandes and Evan B. Brandes
●Litigation
and Procedure
Matrimonial Actions Statutes of
Limitations
"The
Ultimate Matrimonial Motion Practice Primer" ,
by Joel R. Brandes and Bari B. Brandes, published in the
Touro Law Review, Volume 15, Number 1, Fall
1998.(reproduced without footnotes)
" Observations
on Abuses of the Subpoena", June 26, 2001
"Authority
of Judicial Hearing Officers", August 28, 2001
"Motion Practice
Renewed", February 22, 2000
"Substitution of
Counsel", March 23, 1999
"Statutes of
Limitation", August 26, 1997
"Conflicts and the Appearance of Impropriety", May 27, 1997
"Same-Sex Marriage", January
28, 1997
"Privacy:
Whose Right Is It, Anyway?", October 24, 1995
"More Changes to Calendar Control and Arbitration Rules", September 27, 1994
"Amendment to Rules Of Conduct for Divorce Lawyers", August 23, 1994
Married Women's
Rights", February 26, 1991
The
Lawyer's Bookshelf,
Framing
American Divorce: From the Revolutionary Generation To
The Victorians reviewed By Bari B. Brandes And Joel
R. Brandes By Norma Basch. University of California
Press, Berkeley, Calif. 237 pages. $29.95. The New York Law Journal ,
Friday, October 8, 1999
Articles Published in
The New York Family Law Monthly
Written By Our Editors
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
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
●Marital
Property
"Defining
Marital Property", April 24, 2001
"What is Marital Property?",
December 5, 1990
●Property
Distribution
McSparronizing
Distributive Awards", October 26,1999
"Division of Real Property in Divorce
Proceedings", March 25, 1997
"'Hartog' and 'Price': The 'Price' Is
Right", June 27, 1995
"Appreciation of
Separate Property", August 27, 1991
"Tracing Assets to
Their Source", July 23, 1991
"Convenience Bank Accounts",
May 29, 1991
"The Valuation Date", April 23, 1991
"Gifts to Spouses", March 26, 1991
● Questions
About Taxes
What are the
Income Tax Consequences of Maintenance and Child Support Payments?
What is a
divorce or separation instrument?
Who gets the
dependency exemption?
What are the
income tax consequences of property transfers pursuant to a divorce?
Who can File
Income Tax Returns as as Married?
How much are the taxes if we sell our
house?
●Retirement
Benefits
"Distribution
Of Retirement Plan Benefits", Beyond the
Bar, August, 2001 (Part 1)
"Distribution
Of Retirement Plan Benefits", Beyond the
Bar, September, 2001 (Part 2)
"Distribution
Of Retirement Plan Benefits", Beyond the
Bar, October, 2001 (Part 3)
"Former Spouse Can Receive Retirement Plan Benefits as a Spouse",
New Jersey Law Journal, August 6, 2001
" Distribution
of Retirement Benefits", February 27, 2001
"Equitable Distribution of Pension Benefits", April
25, 1995
Articles Published in
The New York Family Law Monthly
Written By Our Editors
J uly
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
● Separate
Property
"What is Separate
Property?", January 30, 1991
● Uniform
Child Custody Jurisdiction and Enforcement Act
An Overview of the Uniform Child Custody
Jurisdiction and Enforcement Act
N ew
York Lawyers Rules of Professional Conduct Applicable to Conduct On and
After April 1, 2009
"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 )
N ew
York Lawyers Code of Professional Responsibility Applicable to Conduct
Prior to April 1, 2009
Articles Published in
The New York Family
Law Monthly
Remembering 9/11
New York Divorce and Family Law ™
Owned and published by Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court, Ft. Lauderdale, Florida 33304.
Telephone 954- 564- 9883.
155 Washington Street, Jersey City, New Jersey 07302.
Telephone 201- 434- 6614.
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