You say someone breached their contract with you. Start by determining how you will measure your damages because without damage their is no breach of contract claim. Your case will be dismissed. In New York, like other jurisdictions, a Plaintiff must prove the following elements to bring a claim for Breach of Contract: (1) formationContinue reading “The Damages Requirement for a Breach of Contract Claim”
Category Archives: Uncategorized
How Divorce Jurisdiction Can Be Determined by Your Shoes
Sounds crazy but it happened. The couple lived a bicontinental jet set life. The wife tried to commence the divorce in New York County because, unlike Manhattan, Monaco does not have a concept of shared marital property. The husband contested that the New York jurisdiction was the couple’s primary residence. One of the arguments madeContinue reading “How Divorce Jurisdiction Can Be Determined by Your Shoes”
The Difference between a Contested and Uncontested Divorce
What is the difference between a Contested and Uncontested Divorce in New York? One is cheaper and quicker to accomplish if done correctly. The other can be an arduous painful process lasting years and leaving the wary and unreasonable possibly bankrupt. An Uncontested Divorce is one where both parties voluntarily sign an agreement which resolvesContinue reading “The Difference between a Contested and Uncontested Divorce”
Why Can’t You Get a Divorce in New York Family Court?
It seems obvious that family court should handle all things family but in New York Courts that is not true. According to the New York Family Court Act Section 115, the Family Court has exclusive original Jurisdiction or control, over the following: child abuse and neglect proceedings child support proceedings proceedings to determine paternity andContinue reading “Why Can’t You Get a Divorce in New York Family Court?”
Why The Best Interests of Your Children in a Divorce Are Not Your Interests
When a married couple with minor children seeks a divorce they often forget that their interests are not automatically aligned with the best interests of their child. If they cannot agree on a custody and visitation arrangement, the Court steps in to protect the children by appointing a children’s attorney aka guardian ad litem andContinue reading “Why The Best Interests of Your Children in a Divorce Are Not Your Interests”
Why No Fault Divorce Is Always The Best Choice
Even if you are adamant to point the finger at your spouse for the reason you want a divorce, it makes alot more sense to choose the ‘No Fault’ option not only for the sake of time but also resources. In New York, it is typical that the parties will file for a ‘no faultContinue reading “Why No Fault Divorce Is Always The Best Choice”
The Changing Attitude Towards Prenuptial Agreements
The prenuptial agreement long carried with it a connotation which was repulsive to young couples just starting out on the adventure called marriage. However, now as couples are getting married later and bring more equal assets to the marriage, they see the document as a wise move. Why might a prenuptial agreement be a wiseContinue reading “The Changing Attitude Towards Prenuptial Agreements”
Get Out of Your Comfort Zone with Laughter
I recently took a standup comedy class Manhattan Comedy School, which ran for 6 weeks. At the end of the class we had a graduation show in which I performed. Click to See my 3 minute stand up comedy bit here. Initially I had intended to take this class to distract me from my usual. IContinue reading “Get Out of Your Comfort Zone with Laughter”
Declutter Your Life to Sharpen Your Focus and Increase Productivity
According to data presented at my last Tony Robbins Event, most people are only productive 20% of the time while Billionaires are productive 50% of the time. What keeps people from being unproductive? Are they unfocused, uncommitted or simply distracted. In order to increase the productivity in your life you must do an inventory ofContinue reading “Declutter Your Life to Sharpen Your Focus and Increase Productivity”
Pets are Like Therapists but Still Considered Property
When I hug my family dog during a visit to my family home, I feel like he understands me. Life can be ruff but a family pet can make things feel so much better. He comes over to cuddle with me on the couch and gets in my face when I’m feeling melancholy. The moreContinue reading “Pets are Like Therapists but Still Considered Property”