New York Divorce Report - New York's Divorce and Family Law Blog

I was asked the following question on the Law Guru website My wife and I are having problems. We are proposing a temp. separation. Things are getting heated, with demands and threats... ''If I don't do as she wishes or says'' she will call 911. I avoid her as much as possible, most of the threats are over the phone. We also have a 5yo child. I don't know what to do. Do I move out per her demands and face abandonment, do I call 911 first??  If your spouse commits or even threatens to commit an act of violence... More

I previously wrote about custody of dogs in divorce actions. Now, there is a trend to issue orders of protection in favor of pets. The New York Times reported that in one case in Connecticut, a golden retriever was granted an order of protection against one half of a divorcing couple. As the police tell it, Cassandra Reynolds pulled up in the driveway of her ex-husband’s home in South Windsor to pick up a few belongings. A dispute ensued. Her ex-husband’s golden retriever approached her, so she kicked it, the police said. The dog yelped. Ms. Reynolds was arrested. That... More

Lindsay Loans’ parents divorce highlights one of the problems with the family law system in New York. As highlighted in Newsday, while the parties’ divorce is heard in the Supreme Court, other issues are being heard in the Family Court. The fact that two courts have jurisdiction to hear and decide some of the issues could lead not only to inconsistent rulings, but also to added confusion, delays and strategic "shopping" for judges, not to mention, increase litigation costs.   Newsday provided gave this short synopsis of the Lohan divorce and custody case: In December of 2005, Michael and Dina... More

In order to permit a victim of domestic violence to relocate to a safe location unknown to his/her abuser, a new law has been enacted in New York to permit a person who has obtained an order of protection to also obtain an order permitting him/her to terminate his/her residential apartment lease. This new law would allow the victim to move to a safe location and free him/her of any future financial obligation to the landlord. In order to terminate the lease, the victim must show that: There remains a substantial risk of harm if the victim remains in the... More