Procedural Issues Complicate Family Law Cases

The law is extremely complicated, particularly when it comes to procedural matters. In some instances, the failure to follow procedural law can result in a dismissal of a case. In family law, the matters at stake often involve children, significant amounts of property, and support for the future—all things that are extremely important. Do not risk losing your case over a procedural issue because you failed to retain an experienced, knowledgeable attorney. Courts also have considerable discretion in family law matters, and convincing the court to use this discretion in your favor can be challenging. A skilled attorney can be a valuable asset in these types of cases. Case Example: Elgart v. Berezovsky In Elgart v. Berezovsky, Levoritz Law Firm dealt with some interesting procedural issues. In that case, Levoritz Law Firm appealed the court asking for a mistrial based on delays before trial and several issues related to [...]

By |2019-09-18T23:28:48-05:00February 15th, 2017|

The Importance of Pre-Nuptial and Post-Nuptial Agreements in New York

Agreements between spouses to distribute separate property in the event of a divorce can be extremely helpful in creating a fair and equitable result. However, even when there is an agreement, the court may override it as inequitable or unfair. Having an experienced family law attorney by your side can help considerably with these issues. New York law defines “marital property” as any property that was acquired by either spouse during the marriage, but before the execution of a separation agreement, regardless of who holds title. This definition is deliberately broad to allow the court to distribute property in a way that it feels is the fairest result based on the unique circumstances of each marital relationship. The law recognizes marriage as both an emotional and economic partnership, where both parties contribute. Courts have considerable discretion in determining which property is considered marital property. A Case Example: Fields v. [...]

By |2019-09-18T23:31:27-05:00February 5th, 2017|

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