How Enforceable Is Your Divorce Agreement?

The agreement is finally signed. The ink is drying. The divorcing parties want to let out a big sigh that it’s finally over. But is it? Last month, I wrote that there is no such thing as a gentleman’s agreement, but what about when you have a signed and duly acknowledged agreement? Good lawyering is, among other things, the art of utilizing words in the most poignant and effective manner. Words, sentences, and terms are carefully calibrated; their misuse can have a (more...)

There’s No Such Thing as a Gentlemen’s Agreement…and Then Some!

Often when couples first begin talking about divorce, they come up with their own agreement: “I'll take this, and you’ll take that…I’ll be responsible for this, and you’ll be responsible for that.” Sometimes, they recruit a mutual friend to play makeshift mediator, and then somewhat live under the terms of the agreement they contrive. However, this agreement is unenforceable, as it is usually either a gentleman’s agreement or one written, but not signed, notarized, and acknowledged in the manner required by the (more...)

Will the Court Allow You to Relocate with the Children?

I wrote an article for the New York Women’s Bar Association. Clients and colleagues may find parts of it, which I have parsed out, useful, as it highlights trends relating to relocation issues in divorce. The judge who gave the discourse classified the recent trends and broke them down into primary factors and driving forces in the decisions rendered. It appears that Manhattan and the Bronx (both within the First Department of NYS Court jurisdiction) give heavy weight to the following factors: (more...)

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