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Category : Divorce Law

New York Courts Allow Testimony of Battered Women’s Syndrome


NY Domestic Violence
At some point in his or her career, every divorce lawyer will encounter a case in which one of the parties exhibits symptoms of battered women’s syndrome. The term, which is sometimes abbreviated BWS, first came into usage in the 1970’s, and is used to describe the behavioral pattern of a person who is emotionally, psychologically and/or phys ... Read more »

If You Want to Win Your Divorce Case, You Need a Divorce Lawyer Who Focuses on Financial Details


If You Want to Win Your Divorce Case, You Need a Divorce Lawyer Who Focuses on Financial Details
To achieve a successful outcome in divorce – whether through negotiation, motion practice, or trial – a divorce lawyer must carefully focus on financial details. Bank account records, credit card statements, pay stubs, 1099 forms, income tax returns, retirement records, account summaries, cancelled checks, and other financial information and materials must be thoroughly examined and understood. At my law firm, financial records are subjec Read more »

New York Appellate Court Affirms Award of Custody Without a Trial


Contested custody disputes are, without question, the most stressful of all family law cases. In every custody dispute, each parent faces the daunting prospect that a complete stranger will decide, based on limited information, the role that he or she will have in the life of their child. In New York – as in other states – both parents have presumptively equal rights to seek custody, regardless of their gender.... Read more »

Parent’s Willingness to Encourage and Facilitate Relationship Between Child and Other Parent is a Significant Factor in Custody Determination


Marc A. Rapaport In New York, the adjudication of custody disputes often entails a years-long process involving multiple court appearances, appointment of attorneys to represent the subject children, and temporary orders. In many cases, the behavior the parties while the custody case is pending provides valuable information to the court about which parent is better suited to serve as the custodial parent. One factor that courts consider... Read more »