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 traced to the …
Long Island Divorce Attorneys
Court of Apppeals Permits Wife to Retain Funds from Husband’s Ponzi Scheme
Divorce and Bank Accounts
When you are contemplating a divorce or fear your spouse may be doing so, it is very important to review and locate all bank accounts that are either in your name, your spouses name, or joint accounts. These accounts may be savings or checking. It …
Pre-Nuptial Agreement Strategy
In order to be assured that the pre-nuptial agreement you negotiate will withstand attack in the future when a divorce action is commenced, there are certain standards that must be met. In the first instance, you should never recommend an attorney to your spouse to …
Permanent Spousal Maintenance
A recent case (January 18th, 2011) makes clear that in a proper case, permanent maintenance may be awarded. In Bayer v. Bayer, that involved a husband in a long term marriage populated with children, who was a high earning doctor, and a corresponding high standard …
Electronic Evidence
Today, almost all data is stored on computers. It is more than likely that your spouse maintains computer records of all his transactions, which may even include cash transactions that would not be elsewhere obtainable. Most business and professional persons maintain at least two computers. …
When You Do Not Need a Lawyer
In New York, each county has its own Family Court. The courts are open to all persons and it is not necessary to be represented by a lawyer in that court. In addition, the intake clerks stand ready to assist you in drafting a petition …
Finding the Right Lawyer
The first consideration in hiring a divorce lawyer is to examine the experience and qualifications the lawyer has in the field of divorce and other family law matters such as custody and support. Since there are no standards for specialization in New York, it is …
Analyzing an Offer of Settlement
Before you can begin to evaluate an offer of settlement you must have an educated view of the parameters of a court ordered judgment. In this regard the advice of your attorney who should be well versed in the upper and lower limits of a …
Knowing When to Fold Them
This old proverb used by skilled poker players, is no less applicable to partries negotiating a marital settlement agreement. Most parties have unreasonable expectations of what they must pay or receive if their case goes to trial. It is your lawyer’s job to see to …
When to Call the Police
The decision to call the police when domestic violence rears it ugly head is not an easy one to make. Many women feel that they do not want to involve the police in a purely domestic argument. Others consider the impact on the children that …
Preparing for Trial
Most busy attorneys do not devote sufficient time in preparing for trial. Making certain that the relevant documents you deem necessary for the defense or prosecution of your case, will be received into evidence, cannot be strongly enough emphasized. A synopsis of the law with …
Orders of Protection
Orders of protection to day are freely obtainable from the court. There is no need to have an attorney bring a petition before the court for an order of protection,, since the “intake clerks” in each court will interview you, and based upon your story, …
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 …
Drug and Alcohol Testing in Custody Cases
There are many instances where a parent is addicted to either prescription drugs, or to illegal drugs such as cocaine or marijuana. When this occurs and there is a custody dispute between parents, it is most important on the very first visit before a judge …
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 …


