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How does workers’ compensation apply when you have two jobs?

work accident slip off ladder

Anyone who lives in New York knows how expensive it can be. According to Rent Jungle, the average rent on a one-bedroom apartment is $2,979 a month, which is a 9% increase over last year. Everyday essentials also appear to cost more in the city than elsewhere. Therefore, it’s hardly surprising that so many New…

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How to prepare for a child custody hearing

lawyers in court

When New York parents cannot agree on a custody arrangement and visitation schedule, the matter often has to be resolved in court. While this can happen when the parents are determined to use the children as pawns in a bid to hurt one another, it can also arise when one parent sincerely believes that the kids…

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Could your sunroof explode?

broken sunroof and car

When shopping for a new vehicle in the summertime, many people look for cars that have a sunroof. The appeal is obvious, especially on warm and sunny days: an open rooftop keeps the vehicle fresh and ventilated, provides a source of natural light, and makes for a romantic drive under the stars. Unfortunately, there also…

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Shark attack injuries in New York? It’s happened before?

shark fin

When you think about shark attack locations, the waters off the coast of New York don’t come immediately to mind. According to the International Shark Attack File retained by the Florida Museum of Natural History, the states with the highest number of attacks are Florida, Hawaii, California, Texas and the Carolinas. This doesn’t mean that…

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Why you should always have uninsured motorist coverage

car crash scene

According to the Insurance Research Council, an estimated 6.1% of all New York drivers are uninsured. That doesn’t sound like a considerable amount compared to states like Florida and Mississippi, where the rate is 26.7% and 23.7% respectively. However, if you or someone you love is injured in a crash with one of these drivers…

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IVC filters: Risks and injuries

body illustration for vein injury

Lawsuits over IVC filters are continuing to appear in both state and federal courts all over the country. At present, there are nearly 4,000 filings against C.R. Bard and Cook Medical, which are the two largest IVC filter manufacturers, and smaller manufacturers such as B. Braun, Argon Medical, Cordis Corporation, and Rex Medical are facing…

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How to help your kids adjust to two homes

single mom and child

The moment your spouse moves out of the marital home (or you do) in preparation for divorce, your children will have two places to call home: their current residence and that of their other parent. The change may upset them in the beginning, as younger children in particular become anxious when their routines are disrupted,…

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Daycare injuries in New York

daycare

As parents, we know that getting hurt is practically a childhood rite of passage. Energy, enthusiasm, and curiosity result in accidental scrapes,cuts, broken bones, and other injuries that are painful at the time but soon heal. But when we entrust our children to daycare each morning before work, we never expect to get a call…

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Burn injuries in New York

According to the American Burn Association, every year nearly half a million Americans suffer burns that require medical attention. Some of these injuries are severe enough to be life-threatening and permanently disabling. A burn is the result of tissue damage after the skin makes contact with heat or chemicals. More serious burns can even damage…

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Dividing marital debt in a New York divorce

marital assets divorce

When a couple divorces in New York, it’s not only marital property that must be fairly evaluated and divided. Any debt accumulated during the marriage (and acquired for the benefit of both parties or their children) must also be equitably split between the spouses. Common examples of such financial obligations include: Mortgages Car loans Personal…

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OK Food Inc. recalls nearly one million pounds of chicken products

recalled food chicken

Back in March, Oklahoma-based company OK Foods Inc. recalled over 933,000 pounds of breaded chicken, citing concerns that the products could be contaminated by metal and other foreign materials. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) stated that OK Foods Inc. became aware of the issue after five consumers alleged that…

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Valentine’s Day after divorce

Even people who have never been massive fans of Valentine’s Day tend to feel alone on the first February 14th after their divorce. All those flowers, chocolates, red roses and restaurant specials are glaring reminders that you are now single, and can increase any sense of loneliness you may be feeling. Fortunately, with some preparation…

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Father’s rights in New York divorces

If you are a New York father seeking full or shared custody of your children as part of a divorce action, it can seem at times as if you are fighting an uphill battle, even though research has suggested the following: Both mothers and fathers make unique and important contributions to the development of their…

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The 100 deadliest days of summer and teen driving: what you need to know

It is no surprise that some of the most dangerous days of the year in terms of teen driving fatalities kicked off Memorial Day weekend – the period during which fatalities for individuals involved in an accident with teenage drivers jumps dramatically. A new research study from the AAA Foundation for Traffic Safety shows that…

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Man injured by watchdog settles claim for damages

A man was bitten and injured by a pit bull watchdog at a supply yard in Queens, NY according to the New York Law Journal on February 8, 2016. As a result, the man sued the owner of the property as well as several of its tenants. The man claimed that, due to the dog’s…

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Can I get compensation for serious shoulder pain after an accident?

shoulder pain

It is important to know that if you have been injured in a serious car accident in New York, you have rights. Those rights may include filing a personal injury lawsuit if you can show that the injuries you sustained were tied to the accident and that another driver’s negligent behavior led to the accident…

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New study says contempt is the biggest reason for divorces in the United States

contempt face leading to divorce

Across the country, more than a million annulments and divorces happen every year. While some issues like cheating or irreconcilable differences are cited by many individuals who file for divorce, new research from the University of Washington indicates that one particular behavior could be at fault for most divorce filings. This behavior is contempt. Researchers…

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Can the bird’s nest work for your divorce?

bronx lawyer

It is not always easy to untangle a family situation when it looks like your marriage is ending, which is why more couples contemplating divorce are looking for alternatives as either short term or long term solutions. One example of such an alternative is known as a “bird’s nest” or “nesting” approach. In this situation,…

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What is the biggest reason for marital unhappiness?

There are many challenges that married couples may face over the course of their time together, whether they are recently married or have been together for many years. It might not surprise you that one of the most common issues related to divorce has to do with finances. Couples who do not discuss finances openly…

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Is credit counseling going to help if I am buried in debt?

debt

Before contemplating bankruptcy, it is likely that you have explored all your other options fully. In the process of your research, you might have come across credit counseling as one potential way out. The marketers at the credit counseling agency can do a wonderful job of convincing you that your problems are solved by consolidating…

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Divorce’s impact on your mental health

stress divorce case

Even if you have never been through a divorce before, you might not be surprised to learn that it can take a significant toll on your mental health. Watching loved ones or friends live through the experience is frequently enough insight to warn you that it is very important to care for yourself during a…

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What are New York’s bankruptcy exemptions?

separate, exemptions in bankruptcy

Heading into bankruptcy, it is common to feel as though there are many unknowns. Some debts cannot be eradicated with bankruptcy, like an award from a personal injury lawsuit or child support, but there are exemptions that help to protect your property even when you file. Misunderstanding exemptions could lead to additional frustrations and disappointment…

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Wrongful death and the Akai Gurley case: What you should know

death, wrongful death

Akai Gurley’s family has filed suit after Gurley was fatally wounded by a police officer in Brooklyn. Family members allege that this is just the latest newsworthy wrongful death case that calls police office behavior and training into question. Named in the lawsuit, which was filed last week, are police officer Peter Liang, the officer’s…

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Critical next steps to take after an accident injury

Being involved in an accident has the potential to turn your world upside down. Even when you are facing the many challenges of adjusting to life after a critical accident, you need to follow these steps to ensure that your rights are protected and that you have taken appropriate action if you wish to file…

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Palomar v. First American Bank

bankruptcy law

In most courts, it was not possible to strip off unsecured liens from their homes for people filing for Chapter 7 bankruptcy. However, a three-judge panel of the Eleventh Circuit Court of Appeals made an unpublished decision in 2012 that offered hope for bankruptcy attorneys and their clients. They ruled that it was possible for…

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Incarceration as a result of nonpayment of child support

child support attorney

Money judgments and income deduction orders may not be enough to compel some parents to pay their child support obligation. The Family Court Act provides judges with the authority to hold a nonpaying parent in contempt of court. The end result could be the incarceration of the parent. Three courts have recently had to deal…

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Federal criminal penalties for failure to pay child support

unpaid child support enforcement

Child support collection matters are usually handled in local or state courts under the laws of each of the individual states.  However, there are limited circumstances under which a parent owing money for the support of a child in New York could be confronted by a criminal indictment in federal court if he or she…

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Appellate Division Court modifies lower court’s decision on equitable distribution after divorce

divorce concept with arrows for equitable distribution

During a divorce, the separating parties can agree to divide their marital assets or a judge may write an order subjecting these assets to division. Marital assets include residences, assets, pension plans or anything else earned or purchased during the marriage. After divorce, these are typically subject to an equitable distribution between the spouses. Recently,…

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Car turning left found negligent in accident

car accident turning

When making a left-hand turn across another lane, the vehicle making a left-hand turn must yield to oncoming traffic. This is known as yielding to the “right of way” and is mandated by Vehicle and Traffic Law Section 1141 according to a July 1, 2014 New York Law Journal article. In the case at hand,…

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New York case about incest

In the case of In re May’s Estate, 114 N.E.2d 4 (N.Y. 1953), the highest court in New York held that a marriage between an uncle and his half niece would be recognized by New York, despite being prohibited by Section 5 of the Domestic Relations Law. A further look into the Court’s thinking explains…

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Veteran denied medical malpractice claim due to lack of evidence

A Navy veteran recently lost her lawsuit in which she claimed that the Northport VA, a New York medical center operated by the US Department of Veterans Affairs, committed medical malpractice. The veteran was being treated for back and knee pain. She faced disc degeneration and disc herniation according to a November 14, 2014 New…

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Injured man sues employer citing NY Labor Law violations

injury at work

The New York State Labor Law provides several protections for workers injured on the job. The laws are protections that allow a worker to cite a section of the Labor Law as the legal basis to be compensated in a court case if the worker is suing for money for damages related to an injury.…

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City faces legal hurdles even after exiting bankruptcy

legal bankruptcy restrictions

It seems that Chapter 9, or municipal, bankruptcies have been on the uptick in recent years. San Bernardino exited Chapter 9 Bankruptcy protection just two months ago, but there are already challenges to the city’s court-approved plans and to the ways the city is handling those plans according to a January 8, 2015 Sacramento Bee…

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Seniors facing high levels of debt and bankruptcy says study

seniors and finance

Seniors in our northern neighbor, Canada, are having a hard time financially. They are dealing with increased levels of debt and bankruptcy filings according to a November 1, 2014 article in the Regina Leader-Post. More and more Canadians are retiring in debt without well-funded pension plans. In the United States, many people try to stave…

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Veterans & Service Members Discount

soldier salutes flag

10% off Legal Fees through end of November As we continue to thank veterans and current service members for their dedication and for the many sacrifices they have made, we are proud to announce that they will receive a 10% discount on all legal fees for new cases started from today until the end of…

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Error in bankruptcy filing

bankruptcy filings

Filing for bankruptcy is a tough decision that some people make, and they ponder long and hard before they decide to do so, since this can affect their future credit and credit score. 5/3 Bank, which is “a banking firm says it accidentally reported some customers to credit services as having filed for bankruptcy,” as…

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Malpractice action against former attorney

Bronx Lawyer

An attorney’s duty is to represent his or her client zealously and to the best of his or her ability. If the attorney fails to do so, then the client can bring a legal malpractice action against his or her attorney for his or her negligence and/ or breach of fiduciary duties. A former client…

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Divorce party planning business might be picking up

divorces

Divorce is not only time consuming and costly, but it is also very stressful and can be nerve wrecking. Therefore, when the divorce is finalized, which might be after many years, this might be one of the major accomplishments in one’s life. Thus, what better way to relieve your stress and show your appreciation then…

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Divorce is the end of a marital relationship

divorce is the end of marriage

Most people should be aware of the facts that obtaining a divorce puts an end to their marriage. Moreover, this is one of the main reasons why many people seek assistance from lawyers. However, this is not the case with a Catholic, female, British resident named Mulcahy. Recently Mulcahy obtained a divorce and she claims…

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Expensive (as in $60,000,000+) pay out

medical malpractice case from surgery

In medical malpractice cases, the injured party must show the treating doctor or physician owed a duty of care to the patient and he or she breached that duty by deviating from the ordinary standard of care within the profession. Thus, the deviation resulted in injuries to the patient, which was caused by the doctor’s…

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Discovery not essential in landlord tenant case

Bronx Lawyer

A Manhattan landlord tried to evict his rent stabilized tenant claiming that the tenant did not use the apartment as his primary residence, rather the tenant used the apartment as a business,  as reported by the New York Law Journal in a June 12, 2013 news article. A rent stabilized tenant means that the landlord…

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Deed must be clear as to the owner’s right of survivorship

Bronx Lawyer

Today most people have a will which will allocate their real and personal property when they die.  As a result, this will usually reduce any disagreement or issues that might arise among the heirs. A will names an executor who oversees the will and make sure that the heirs get what is assigned to them.…

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Divorce agreement is binding

Divorce Settlement

A couple that was married for about 25 years and had three children were having marital problems. The husband E.C., thought his wife, L.C. was cheating on him. When he confronted her and suggested that they should seek help she moved into their basement and then a few weeks later she found a form online…

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Well-known law firm reduces staff

law firm news

Today with the slowly recovering economy some companies have to cut back on costs and employees in order to ensure that they strive and prosper economically.  As a result, these companies are getting rid of or laying off many employees as this is one of the quickest and easiest ways to reduce financial costs. Recently…

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Unsupported claims leads to probate objections dismissed in New York Court

wills

Three sons find themselves arguing over probating their father’s will in the New York Surrogate court, as discussed in a January 18, 2013 New York Law Journal article. The executor of the will sought to have his brothers’ arguments dismissed after they objected to the selling on the main asset of the estate. According the…

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City is not responsible for sidewalk defect

new york lawyer

A woman while walking on a sidewalk tripped and fell due to the defective sidewalk. As a result, she sustained personal injuries, and she brought a suit against New York City to recover monetary relief for her injuries. New York City in response to the suit, made a motion to have the case dismissed because…

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Public supports gay basketball player

jayson lutzky

Within the four major sport’s leagues in the United States: Major League Baseball, the National Basketball Association, the National Football League and the National Hockey League, there are very few gay active players today. The reason being is that the public usually looks down on these gay athletes. Moreover, these gay athletes are afraid that…

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Interest on student loans look to rise in the near future

Loans and Bankruptcy Attorney

Certain student loans are scheduled to have their interest rate double in roughly three months if Congress does not interfere, as reported by the Los Angeles Times in an April 3, 2013 news article. In 2007, Congress voted to lower the interest on student loans to 3.4% but now the governing bill is up for…

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Name changes has to be within the best interest of the child

Tamannatul Kobra who is the mother of two female children: Heemika Hossian who is about four years old and Siratul Muntaha Hossain who is about nine years old wants the court to change both of her children’s names. She is currently married to Mosharaf Hossain who is the children’s natural father and he has agreed…

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NO-FAULT DIVORCE LEADS TO REPLACEMENT OF DIVORCE ACTION

The Appellate Division, Third Department, held that an action that began as a fault-based matrimonial action before the enactment of New York’s no-fault statute can be maintained as a new action under the new law, according to the July 13, 2012 issue of The New York Law Journal. This is the first time that a…

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Unenforceable Divorce Decree Due to Lack of Jurisdiction

Husband brought a holdover proceeding against his wife and her child. A holdover proceeding is when a landlord seeks to evict the tenant and it is not based on not receiving rent. The wife sought to get this claim dismissed because she resided in the marital residence. The husband had received an ex parte divorce…

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COURT QUESTIONS HEARING MERITLESS CASES

Courts are requesting the Legislature to reconsider §216-c of the New York Family Court Act, which ensures pro se litigants have access to the courts. As the June 4, 2012 edition of the New York Law Journal states, after a petitioner filed three family offense petitions against her brother for physical and verbal abusive, which…

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Divorce gift certificates

Before e-gift cards, available online at a variety of sites, there were credit card-like gift cards. Before gift cards came gift certificates, often handwritten. They were valid, almost exclusively at restaurants, and movie theaters. Now, a lawyer is offering divorce gift certificates, according to a July 12, 2012 Huffington Post article. Giving gifts gives great…

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No-Fault Divorce goes to trial in New York

The New York court saw their first trial regarding a No-Fault divorce dispute, as reported by the New York Law Journal in a January 26th, 2012 news article. In 2010 New York enacted a bill that allowed no-fault divorces. No-fault divorces are intended to help speed along the lengthy process of obtaining a divorce. Additionally,…

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Change of Venue Granted to Suffolk County in a Divorce Suit

Wife Elvira claimed that the Manhattan venue for her divorce suit was improper and moved for a change of venue to Suffolk County, the New York Law Journal reports on May 14, 2012. The court accepted her plea, as neither wife nor her husband lived in Manhattan, thus making it an improper venue. The court…

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Town judge removed from the bench for his behavior

A town judge was removed from the bench after being found to have acted with ill intentions, as reported by a June 27, 2012 New York Law Journal published article. After reviewing the judge’s cases it was found that on multiple occasions the judge presided over legal matter that involved his girlfriend without disclosing to…

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New York dismisses motion for attorney fees in a divorce

An award of attorney fees in a divorce matter was overturned and dismissed on the grounds that the parties’ incomes were similar. According to a June 27th, 2012 decision published New York Law Journal article, a New York court dismissed a lower court’s decision to award compensation to the wife for attorney fees. Attorney fees…

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Families can act as community for truthfulness reputation

In People vs. Fernandez, Marcos Fernandez was accused of sexually abusing his female cousin, who was eight years old at the time of the alleged abuses. During the court case, covered by a June 29, 2011 New York Law Journal article, at the New York State Court of Appeals, the accused’s parents testified as witnesses…

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Divorce among seniors on the rise

Over the past 20 years, divorce among people over 50, has doubled, according to researchers at Bowling Green State University. TODAY reported about the “gray divorce” phenomenon on June 8th, 2012. Sociologists expect the numbers of divorces in this age group to continue to rise. Gray divorces may be rising because of changing cultural norms.…

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Divorce Hotel: Check in married, check out with divorce papers

A May 27th, 2012 article in the New York Times reported that half of all marriages in the United States end in divorce. According to the National Center for State Courts, 1.2 million people in the US filed for divorce in 2009. Dutch ‘Divorce Hotel’ Jim Halfens runs “Divorce Hotel” at six hotels in the…

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No-confusion on the No-fault divorce law

Many matrimonial attorneys have been up in arms over the confusion caused by the new spousal support laws but the opposite holds to be true with the new no-fault law established around the same time. According to an October 12th, 2011 New York Law Journal article the same attorneys that speak negatively about the new…

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Pat Robinson gives the green light on divorce

Statements made by highly publicized right-winged religious leader Pat Robinson may have gone a little too far this time for him to be saved, as reported in a September 16th, 2011 New York Times news article. Mr. Robinson reportedly gave the green light for one of his callers to divorce his wife because she suffered…

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You have the right to remain silent on your Facebook

Your Miranda’s rights may soon have to have an additional statement to it, “and anything you post on your Facebook.” More and more courts are accepting information from people’s Facebook accounts as evidence in support of a legal suit, as reported by an October 1st, 2010 New York Times article. The New York State Bar…

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Some medical officials come to the aid of Pat Robertson

Remarks made by television religious host Pat Robertson on divorcing a spouse who has Alzheimer has sparked a great debate, as reported by the New York Times in a September 16th 2011 article. Although majority of the public appears to be greatly offended by Mr. Robertson some people in the medical field are coming to…

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Law firm hired by Roman Church in sexual abuse case

A law firm retained by the Roman Catholic Diocese of Kansas City found that the diocese failed to respond to sexual abuse claims against its own priests, as reported in a September 1, 2011 New York Times article. Accusations have been levied against Rev. Michael Tierney, who is thought to have sexually abused minors and…

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Terminating the marriage terminates the property rights in China

Feminists around the world are asking whether or not China just took a huge step backwards? According to a September 7th, 2011 New York Times published article, China has reinterpreted a 1980 Marriage Law bill. The bill is now read to state that in the event a married couple divorces, any real property purchased prior…

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New York family lawyer gives quick tips on drafting a cohabitation agreement

The economy has made an impact on society across the board, including on the average family’s living arrangement. Instead of getting married or divorced nowadays, more and more couples are turning to “cohabitation,” mainly because it is cheaper than a wedding or a divorce. However, when in a cohabiting situation there are still rules that…

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Bronx family lawyer discusses new trend on divorce parties

  You are cordially invited to Bonnie and Charles Bronfman’s party in celebration of their divorce. Divorce, that’s right, a party celebrating the couples’ divorce. But the Bronfmans aren’t the only divorcing couple that has started to follow this new trend, as reported in a May 13th, 2011 New York Times article. Many couples facing…

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Spirtual Marriages no where close to bein recognized by the legal system

Courts aren’t any closer to recognizing polygamist’s “spiritual marriages.” Warren Jeffs, a well-known polygamist leader, was sentenced to life in prison on August 9th for sexually assaulting two under-age girls, as reported in an August 10th, 2011 New York Times article. Warren Jeffs argued that under his religious beliefs the under-age girls were his wives…

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The supply and demand of finding a spouse

One of the key theories in economics is the ‘supply and demand’ theory, and it appears this holds true in marriage too. In an August 23, 2011 New York Times article, economist apply the ‘supply and demand’ theory towards finding a spouse. Under the supply and demand principle, when something is high demand the value…

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Italian Divorces…Mama Mia

More and more Italians are making trips to Romania and other European countries, but they are not your typical tourist. They are what Europeans are now dubbing “Divorce Tourists” as reported in an August 14th, 2011 New York Times article. Divorce has been on the rise recently in Italy but under the Italian law, a…

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New York Family Court discusses what is a reasonable distance to travel for employmentdistance for searching for employment

A father of three children petitioned the Appellate Division, Fourth Department court in an effort to modify his child support payments. The father was having difficulty finding employment within the scope of his skills, reported the New York Law Journal on May 2nd 2011. The father argued that his “unique talents” required him to broaden…

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