The increasing use of generative artificial intelligence in the legal profession presents attorneys with substantial opportunities to improve efficiency, streamline legal research, and assist with drafting. However, Matter of Mendel S. v. Faigy S. serves as a recent and important reminder that artificial intelligence does not relieve an attorney of the fundamental responsibility to verify the accuracy of the work submitted to a court. In that case, the Family Court, Kings Cou

New York Domestic Relations Law (DRL) §170(7) is the state's no-fault divorce statute and is the most commonly used ground for obtaining a divorce. Enacted in 2010, this provision fundamentally changed New York divorce law by allowing spouses to dissolve their marriage without proving that either party was at fault. Before the adoption of DRL §170(7), spouses were generally required to establish one of several fault-based or separation-based grounds, such as adultery, abandon

For a couple considering a divorce in New York, one of the biggest concerns is how the marital estate will be divided. New York is not a community property state. Instead, New York uses equitable distribution to divide the marital property or marital estate. Instead of a doing a 50/50 split in every divorce, New York looks at the facts of each case when divide marital property with the goal of fairly dividing and distributing the estate. When dividing the marital property, th

A prenuptial agreement can provide New York couples with financial clarity and peace of mind before marriage. It allows the parties to determine how assets, debts, businesses, real estate, and inheritances will be treated if the marriage ends. A prenup can also protect separate property and establish each spouse’s rights regarding maintenance and equitable distribution. By resolving these issues in advance, couples may reduce the cost, uncertainty, and conflict associated wit

New York Domestic Relations Law (DRL) §170 establishes the legal grounds upon which a court may grant a judgment of divorce. Among these grounds is DRL §170(6), which allows spouses to obtain a divorce after living separate and apart pursuant to a written separation agreement. In contrast, DRL §170(7), enacted in 2010, authorizes a no-fault divorce based on the irretrievable breakdown of the marriage. While both provisions provide lawful means to dissolve a marriage, DRL §170

While I understand that you are probably feeling a whole host of emotions from anger to hurt, even resentment, my advice to you is attempt to put those feelings aside and settle your divorce before entering litigation. Allowing your feelings to determine the course of your divorce is not practical. Even if you are in the middle of litigation and believe that you have spent an excessive amount of money and energy you should still attempt to settle. By settling your case, you a

New York Domestic Relations Law (DRL) §170 establishes the legal grounds upon which a court may grant a judgment of divorce. One of these grounds, DRL §170(5), allows a divorce after the spouses have lived separate and apart pursuant to a judgment of separation. Another, DRL §170(7), provides New York's no-fault ground for divorce based on the irretrievable breakdown of the marriage. Although both provisions authorize the dissolution of a marriage, DRL §170(7) has become the

New York Domestic Relations Law (DRL) §170 sets forth the legal grounds upon which a court may grant a judgment of divorce. One of the fault-based statutory grounds is DRL §170(4), which permits a divorce when a spouse has been imprisoned for an extended period. In contrast, DRL §170(7) provides New York's no-fault ground for divorce based on the irretrievable breakdown of the marriage. Although both provisions authorize the dissolution of a marriage, they differ in their leg

One of the hardest things about parents divorcing is where the children will live. Most likely this issue will be at the forefront of your children’s minds and yours of course. You need to ask yourself if you and your spouse can work this out among yourselves? For the sake of your children, I hope that you can decide which parent will be the residential parent because if you cannot your children will be assigned to an attorney and will be interviewed. Objectively look if o

In Matter of Botros v. Botros, 233 AD3d 1029 (2d Dept. 2024), the Appellate Division, Second Department, upheld the trial court’s dismissal of the father’s petition to modify the parental access provisions of the parties’ Judgment of Divorce. The mother therein was awarded sole legal and residential custody of the children and the father had supervised parental access. The Appellate Division held as part of the Decision & Order: “"A court hearing a pending proceeding or actio

New York Domestic Relations Law (DRL) §170 sets forth the legal grounds upon which a court may grant a judgment of divorce. Among these grounds is DRL §170(3), which permits a divorce based on cruel and inhuman treatment, and DRL §170(7), which authorizes a no-fault divorce based on the irretrievable breakdown of the marriage. Although both provisions allow a spouse to legally dissolve a marriage, they differ significantly in the evidence required, the complexity of the proce

A common question which people going through a divorce ask involves a pension plan. The person who has the pension wants to know what if any part of the pension is the other spouse entitled and conversely, the spouse that does not have the pension wants to know what if any portion of the pension are they entitled. The leading case in this area is Majauskas v. Majauskas. In Majauskas, the husband was a police officer and after ten years on the job, his pension rights veste

New York Domestic Relations Law (DRL) §170 establishes the legal grounds upon which a person may obtain a divorce. Among the seven recognized grounds, DRL §170(2), which addresses abandonment, and DRL §170(7), which provides for irretrievable breakdown of the marriage, are two commonly discussed provisions. While both permit a court to grant a divorce, they differ significantly in the proof required and the practical advantages they offer. DRL §170(2) allows a spouse to seek

When one spouse has his or her own business, the other spouse will usually have a concern that he/she will not be able to capture the actual income for support purposes. Without records and reliable tax returns figuring out a person’s true income can be challenging, however, there are procedures that can be taken to determine income for support purposes. Remember that you are the best source for this information because you have lived with your spouse and know your lifesty

New York Domestic Relations Law (DRL) § 170 sets forth the legal grounds upon which a spouse may obtain a divorce. Before 2010, New York required a party to establish one of several fault-based or separation-based grounds for divorce. The enactment of DRL § 170(7), commonly known as the "no-fault divorce" statute, significantly changed New York matrimonial law by allowing a divorce based on the irretrievable breakdown of the marriage. Although DRL § 170(1), which permits divo

A family court relocation case arises when a parent seeks to move with a child in a way that would substantially interfere with the other parent’s custody or parenting time. In New York, the court determines whether the proposed move is in the child’s best interests by considering factors such as the parent’s reason for relocating, the impact on the child’s relationship with the other parent, and the educational, financial, and emotional benefits of the move. The court also e

Annulments are usually sought for a short term marriage and when there are no children of the marriage. However, with the ability for people to obtain a divorce based on “no fault” grounds, or Domestic Relations Law (DRL)§170(7), annulments are less sought out. However, if you do wish to pursue an annulment, here is what you need to know. You cannot simply obtain an annulment even if you and your spouse agree to seek to annul your marriage. There are five grou

Dissipation of marital assets occurs when one spouse wastes, transfers, conceals, or improperly spends marital property for a purpose unrelated to the marriage. Common examples include excessive gambling, funding an extramarital affair, transferring money to relatives, selling property below market value, or making unusual withdrawals in anticipation of divorce. Ordinary household expenses and legitimate marital debts generally do not constitute dissipation. In New York, cour

It depends. Every Case Is Different. Search-and-seizure law is highly fact-specific. Small details—such as where the vehicle was located, what the officer observed, whether consent was given, or how an arrest occurred—can dramatically affect whether a search was constitutional. The most important thing to do when pulled over, is remain silent, cooperative, and allow us your attorneys to fight the search.

Once your divorce commences it may be uncomfortable living with your spouse. If you want to begin to live separately sit down and determine if this is realistic. Remember, if you live separately there will be double the living expenses. One person may have family and can temporarily move in which can help alleviate the cost. Ultimately, if there isn’t a voluntary move, it is hard to have one person move out. Before addressing the procedure for removing a spouse from the ma