Divorce Law Gets Teeth

Not more than thirty years ago (I had barely hit puberty) the divorce laws in New York were radically different, beginning with the requirement that one of seven grounds must be plead and proved in order to be granted a dissolution of the sacred union. Prior to the 2010 enactment of N.Y. D.R.L. § 170(7) … Continue reading Divorce Law Gets Teeth

Mental Health and Child Custody

The right to life, liberty and the pursuit of happiness, the right to marry, to have a family and raise them as we, as individuals, see fit. These are only a handful of liberty interest protected by the Constitution of the United States. Some of those fundamental rights were recently extended to same sex couples. The Obergefell v. Hodges decision was rendered last June (576 U.S. 2015), reminding us that the Constitution is a living document, subject to the interpretation of nine (currently eight) justices with varied political viewpoints rooted in highly polarized ideologies. Fortunately for same sex couples, this decision extended the right to marry and raise a family without fear of illegitimacy or legal barriers to the rights traditional married couples enjoy.

Why Do We Divorce?

Divorce is not an event we plan for or imagine as we dream of ourselves in an episode of "Say Yes to the Dress" or perhaps more appropriate, "Bridesmaids".  Although the divorce rate has declined over the past twenty years, and varies from state to state, the national average ratio of marriages ending in divorce … Continue reading Why Do We Divorce?

Why You Need a Will and Health Care Proxy.

In 2010, New York State implemented the Family Health Care Decision Act, which allows a close family member to make medical decisions on your behalf , according to your wishes or in your best interest, in the event you are incapacitated and cannot speak to your doctor. However, the best way to ensure your specific desires are honored is to draft a simple Health Care Proxy with Advanced Directives.