Articles Posted in Divorce

In New York divorce proceedings, a properly executed stipulation of settlement can carry significant weight in determining the financial and custodial obligations of the parties. Specifically, once they are incorporated into a judgment of divorce, such agreements are treated as enforceable contracts, and courts will generally uphold them absent evidence of ambiguity, fraud, or unfairness. As such, it is important that such agreements are clear and entered into with thought and consideration, as they are difficult to challenge, as demonstrated in a recent New York divorce action. If you are considering ending your marriage, it is crucial to work with a skilled New York divorce attorney to protect your interests.

History of the Case

It is reported that the husband and wife were married in 2018 and had one child together. The wife commenced an action for divorce and ancillary relief in 2021. In February 2022, the parties entered into a stipulation of settlement resolving issues, including legal custody and child support. This agreement was incorporated but not merged into the judgment of divorce entered in June 2023 by the Supreme Court, Queens County.

Allegedly, the stipulation provided for joint legal custody of the child and established a detailed parenting time schedule. The husband was granted overnight parenting time two nights per week and seven hours of access on Sundays. The stipulation further required the husband to pay child support in the amount of $1,560 per month directly to the wife. Continue reading

Divorce cases are often fraught with emotional and legal complexities, but some disputes extend beyond custody and asset division, raising ethical and professional concerns that can impact the very foundation of the legal process. When an attorney’s representation is called into question, courts must weigh a party’s right to legal counsel against the necessity of maintaining fair proceedings. In a recent New York decision issued in a divorce case, the court addressed the highly contentious issue of attorney disqualification, offering insight into the standards that govern conflicts of interest in legal representation. If you have questions about your rights with regard to divorce, it is smart to speak to a skilled New York divorce attorney as soon as possible.

Case Setting

It is reported that the wife filed for divorce in February 2023, marking the second such action between the parties. The first divorce, filed in 2015, was litigated extensively until 2018 when the parties reconciled and discontinued the proceedings.

It is alleged that the wife sought a protective order to prevent the husband from sharing litigation details with third parties and requested the disqualification of the husband’s attorney. The wife claimed that the husband’s attorney represented the husband’s brother in a malicious prosecution lawsuit against her, creating a conflict of interest. Allegedly, the wife argued that the husband and his brother had a history of coordinated harassment and that their attorney’s representation in both matters would disadvantage her in discovery. Continue reading

Prenuptial agreements are designed to provide clarity and safeguard individual assets in the event of a marriage dissolution. However, disputes often arise regarding their validity, as demonstrated in a recent New York case in which the court determined that a trial was needed to determine whether a prenuptial agreement should be upheld. If you have questions about how a prenuptial agreement may impact your rights if you decide to end your marriage, it is crucial to consult a New York divorce attorney who can advise you of your options.

Factual and Procedural History

It is reported that the wife and husband entered into a prenuptial agreement a week prior to their wedding. The wife allegedly insisted on the agreement at her family’s request, assuring the husband that its purpose was solely to protect premarital assets, including her interest in her mother’s business. The wife’s attorney drafted the agreement, and the husband, reportedly lacking independent counsel, signed it after reviewing it briefly in the wife’s attorney’s office.

Allegedly, the marriage lasted a few years, during which the husband contended he largely gave up his photography career to care for the couple’s young child while the wife pursued her career as a pharmacist. The terms of the agreement deprived the husband of equitable distribution of marital assets, including properties purchased during the marriage, but titled solely in the wife’s name. The husband asserted that he was misled into believing the agreement was fair and later realized it contained provisions waiving his rights to marital assets and maintenance. Continue reading

In New York, divorce judgments often include stipulations designed to secure financial support for children and dependent spouses. As reaffirmed in a recent New York decision issued in a divorce action, family courts may enforce these stipulations, including life insurance provisions, to ensure continued support. If you seek to enforce a provision in your divorce decree, it is wise to consult with a New York family law attorney to understand your options.

History of the Case

It is reported that the plaintiff and defendant were divorced by judgment in August 2019, which incorporated but did not merge their 2018 settlement agreement. Allegedly, the settlement required the plaintiff to maintain a $1 million life insurance policy for the benefit of the children and dependent spouse, as set out in the stipulation. In 2020, the plaintiff reportedly filed a motion to hold the defendant in contempt for allegedly violating certain terms of the divorce judgment. The defendant, in turn, cross-moved to enforce the life insurance provision stipulated in the judgment, citing the plaintiff’s non-compliance.

Allegedly, following a hearing, the trial court granted the defendant’s cross-motion, ordering the plaintiff to comply with the life insurance requirement as outlined in the divorce judgment. The plaintiff appealed, arguing that he was not in contempt and challenging the enforcement of the life insurance provision. Continue reading

Generally, in civil litigation, parties are expected to pay for their own legal counsel. There are some exceptions to the general rule, however. For example, pursuant to New York law, the party with fewer assets in a divorce action may be able to recover counsel fees from their spouse. In a recent New York ruling, the court discussed the factors weighed in determining whether to grant counsel fees before deciding to grant them to the wife. If you are considering pursuing a divorce, it is in your best interest to confer with a New York divorce attorney to determine your options.

Factual and Procedural Background

It is alleged that the husband and wife were married in 1995 and had two children, both of whom were adults by the time of this action. The wife filed for divorce on August 25, 2017. The case moved slowly, with multiple motions and hearings extending the litigation. One of the key early motions was filed by the wife in June 2020, seeking $25,000 in interim counsel fees, leading the court to order the husband, as the monied spouse, to pay her $20,000 for legal fees.

Reportedly, the case continued with further motions and cross-motions, including disputes over expert testimony and additional counsel fees. The court ultimately precluded the husband from using an expert report at trial due to late submission, a decision later reversed in 2023. Both parties filed numerous motions, including one from the wife seeking $65,000 in additional counsel fees in 2024. Although a settlement stipulation resolved many issues, the counsel fee issue remained for the court to decide. Continue reading