Tag Archives: Divorce

Cryogenically Frozen Embryos, In Vitro Fertilization & Divorce

Cryogenically Frozen Embryos, In Vitro Fertilization & Divorce by Joshua Katz

{3:13 minutes to read} In relation to divorce—or, for that matter, even a prenuptial or postnuptial agreement—how can you resolve the custody issues of frozen embryos? 

In New York, one thing is clear: The New York courts do not recognize these zygotes, gametes, or pre-embryos as persons. They do not have constitutional rights; therefore, this is a property consideration. I’m not making a political statement about the right to life, etc. In fact, the only state that treats them as people and gives them any kind of rights is Louisiana. 

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The Art of the Prenuptial Agreement: Part 2

The Art of the Prenuptial Agreement: Part 2 by Joshua Katz

{2:30 minutes to read} In our previous article, we discussed prenuptial agreements. With this basic understanding of a prenuptial agreement and its function, this article will expand that foundation, as well as address some shifting trends in the way the courts are responding to prenuptial agreements.

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The Art of the Prenuptial Agreement: Part 1

The Art of the Prenuptial Agreement: Part 1 by Joshua Katz

{3:05 minutes to read} “I want a prenuptial agreement.”

What a fiancee actually hears: “I want to marry you, but I kind of don’t believe that our marriage is going to last, and therefore I want to protect myself when we decide to divorce.”

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How Non-Traditional Marital Finances Affect Your Divorce

How Non-Traditional Marital Finances Affect Your Divorce by Joshua Katz{3:30 minutes to read} Every married couple handles their finances differently. 

In a traditional marriage, you, as a couple, have joint bank accounts, pool your incomes into one account, and pay household bills out of that account. You both know what’s in the bank and whether you are saving or losing money each month. When it comes time for tax season, you file joint tax returns. You know each other’s income, and things are fairly simple when it comes to divorce. 

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It Is in Your Child’s Best Interests to Settle Custody!

It Is in Your Child’s Best Interests to Settle Custody! by Joshua Katz

{2:15 minutes to read} Parents who are battling for custody in a divorce proceeding need to focus on their children’s interests—and settle

Parents know their children better than anyone else in the world. And so, it is important that both parents work together to craft a custody arrangement that is best for their child. And settle! 

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Pets Are People, Too!

Pets Are People, Too! by Joshua Katz

{4:30 minutes to read} “Decidedly more than a piece of property”—pet owners would categorically agree that their pets are indeed family.

In a recent decision in the case of Travis v. Murray, Judge Matthew Cooper of Manhattan said that Joey, a mini Dachshund, was “decidedly more than a piece of property,” allowing for a brief best interest hearing to determine custody of the family dog post-divorce.

The hearing determines which “parent” will provide a better home environment for the dog and be more apt to allow the other “parent” the ability to foster a continued relationship with Joey. 

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The (Over)Use of Forensic Experts During Custody Determinations

The (Over)Use of Forensic Experts During Custody Determinations by Joshua Katz

{3:10 minutes to read} In a divorce proceeding, custody is determined by establishing what is in the best interest of the child. 

Often, it is challenging for a judge to apply this amorphous standard and determine which parent is better suited to make decisions on behalf of the child. 

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New York’s Recent Changes to Family Laws: What You Need to Know

New York’s Recent Changes to Family Laws: What You Need to Know by Joshua Katz

{4:20 minutes to read} Recently, New York has made fast-paced changes that affect family law practitioners. Attorneys and divorce professionals must take these important modifications into account. 

The Child Support Cap and Its Ramifications 

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Filing a Joint Tax Return While Divorcing? Be Careful!

Filing a Joint Tax Return While Divorcing? Be Careful! by Joshua Katz

{3:40 minutes to read} Married couples usually elect to file joint tax returns to maximize exemptions and deductions. When couples are divorcing but are still legally married, they remain entitled to the same advantages by continuing to file jointly, and may be tempted to do so. In fact, an unreasonable refusal to file jointly could be considered wasteful dissipation!

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When the Holiday Party Is Over

When the Holiday Party Is Over by Joshua Katz

{2:55 minutes to read} Chestnuts roasting on an open fire, festive trees with glowing lights and stockings hung by the chimney…

In contrast to all of these wonderful traditions, the holidays can greatly increase the stress on a troubled marriage. When there are incompatibility issues and you are spending more time in close quarters with your spouse and extended family, tempers often flare.

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