Under Michigan Law, fairness of the prenuptial agreement is a must. General contract law applies as well as family law. In reviewing a prenuptial agreements, in the event of a divorce, a Michigan Judge may void the agreement if it does not pass their smell test for fairness. Several ways to overturn a Michigan PrenuptialContinue reading “The Importance of Fairness in Michigan Prenuptial Agreements”
Category Archives: Uncategorized
Expansion of New York Court Operations
There is a light at the end of this tunnel. Litigants can expect to see more expanded court operations moving forward. For now, as of May 4, 2020, the New York Courts are now offering the following expanded services: Expanded Motion Practice: New Motions and responses to existing motions can be filed in Courts regardlessContinue reading “Expansion of New York Court Operations”
New York Virtual Marriage Ceremonies in the Age of Social Distancing
The Corona Virus Pandemic has disrupted our lives in many ways. For example, for the first time in history, no one was able to get married. Once the New York shelter orders were put in place, the clerk’s offices were closed and officiants were unable to meet couples in person, as required, to officiate weddings.Continue reading “New York Virtual Marriage Ceremonies in the Age of Social Distancing”
Limited Matters the New York Family Court will Address in the COVID-19 Pandemic
Unless you have a pending matter in the Courts, you may not know that the Courts are not fully open for business. There are only limited emergency matters the Courts will address during the current COVID-19 lockdown. Although divorce is not one of them, you can negotiate a stipulation of settlement and related agreements inContinue reading “Limited Matters the New York Family Court will Address in the COVID-19 Pandemic”
Why A Child Cannot Have More Than Two Legal Parents in New York
We live in the age of expansion of parenting rights but the question of whether a child can have more than two legal parents has been shot down. New York law requires some kind of biological or firmly established legal connection between a prospective parent and their child. If a child already has two legallyContinue reading “Why A Child Cannot Have More Than Two Legal Parents in New York”
Why the Movie Marriage Story Is a Must See For Anyone Considering A Divorce
I didn’t want to watch a movie about divorce because, being a divorce lawyer, it’s like bringing my work home. However, I decided to watch the movie Marriage Story, starring Adam Driver and Scarlett Johansson, because so many people have asked me if I had seen the movie. My verdict is that it is aContinue reading “Why the Movie Marriage Story Is a Must See For Anyone Considering A Divorce”
When Can A New York Court Override A Foreign Order to Protect A Child?
Generally New York Courts defer to child custody orders set in place by a foreign jurisdiction which is the child’s home state. However, in the event of an emergency where there is a threat to the child’s welfare, the New York Court will intervene. Under Family Court Act Section 76C, the New York Court willContinue reading “When Can A New York Court Override A Foreign Order to Protect A Child?”
How International Child Abduction Changes the New York Custody Dispute
New York Courts will enforce custody foreign orders under the UCCJEA [The Uniform Child-Custody Jurisdiction and Enforcement Act]. This includes both orders from other States as well as Orders issued by Foreign Countries. However other Countries will not generally enforce Orders issued by United States Courts unless they are a signatory to the Hague ChildContinue reading “How International Child Abduction Changes the New York Custody Dispute”
Why Domestic Violence Is Not Just About Hitting in Family Law Matters
It was not until our modern era that domestic violence was a recognized crime which merited court intervention. Slapping your wife was fine in bygone days because she was your property anyway. People also did not get involved in private family matters. Today, slapping your wife is not okay but neither is verbal abuse. NewContinue reading “Why Domestic Violence Is Not Just About Hitting in Family Law Matters”
Why Jeff Bezos’ Multi-Billiondollar Divorce Settlement Was Fair
Plenty of people look at Jeff Bezos multi billion dollar divorce settlement and assume that just based on the amount, it must have been unfair. However, domestic relations laws have evolved over time to become more fair. Just like in New York, the domestic relations law used to adjudicate Mr Bezos divorce took into accountContinue reading “Why Jeff Bezos’ Multi-Billiondollar Divorce Settlement Was Fair”
Diana Arnone Esq. 