Archive for October, 2008
Now that we are divorced can I stop my spouse from having overnight visits with our kids?
On what basis? You can't just ask the court to order that your spouse cannot have overnight visits with your mutual child. You have to have a reason that is provable and justifiable. The worse thing you can possibly do is make up stories and lies about your spouse's unfitness, or "inappropriate behavior" that your spouse has towards the young [...]
I had a Britney style breakdown after my divorce. Can I win back custody after losing it in New York
It is very difficult to win back custody after losing it for a significant period of time. Especially where the children are very young. The court has an interest in preserving the stability in children's lives. That being said, if you lost custody because of a mental breakdown, the court is likely to want a thorough pyschiatric evaluation before [...]
The tell all book: can you stop your spouse from writing a book after the divorce?
In New York, you can have a stipulation of settlement, or even a prenuptial agreement that stops your spouse from revealing details of your marriage. And so long as either of these documents are properly drafted, signed, notarized and acknowledged, they would be fully enforceable against both parties. The question though, is what would your [...]
Divorce New York Style: Why going viral on YOUTUBE may not be a great idea
A few months ago, Tricia Walsh-Smith, an actor and wife of Philip Smith who is president of a bunch of Broadway theatres, went viral on Youtube, complaining about her divorce, her ex husband and a host of other gripes. She claimed that her husband was trying to evict her from their luxury penthouse and made some scandalous revelations about their [...]
TV stars are just like us: They fight over custody of their kids
Former 90210 star Brian Austin Green (he was Tori Spelling's love interest, I think) and his paramour Vanessa Marcil (Brenda on General Hospital and she had a big part on Vegas) have a little boy together named Kassius. And they are fighting over custody. It happens in all segments of society. People fight over the custody of their children. [...]
90210 Star fighting for custody of his son
Brian Austin Green (90210) and Vannessa Marcil (General Hospital, Vegas) apparently have a kid together and now they are in court in a custody battle over him. Things that make you go hme...
Jennifer Hudson’s engagement to former lawyer keeps her grounded during a tragedy
It is always good news when two people meet and decide to make it official. Even for jaded divorce lawyers, engagements are nice things to happen to good people. With the rest of the bad news that is going on in her life at the moment, it is wonderful that Jennifer Hudson does not have to go through this alone. The actress/singer has been engaged [...]
Why do some husbands murder their wives rather than seek a divorce?
ABC News is reporting that Brad Cooper, a North Carolina man whose wife was found strangled to death near their home (she had "gone jogging") has been arrested for her murder. Another incidence of domestic violence? This follows closely in the heels of the Chicago situation that actress/singer Jennifer Hudson's family is experiencing with the [...]
HALLOWEEN COSTUMES: Divorced right in time for Halloween and throwing a divorce party? One rule of etiquette
HALLOWEEN/DIVORCE PARTY RULES Well, there are no rules for a Halloween party. That's the whole point, isn't it? Let it rip. But just don't wear a costume that's supposed to evoke derogatory images of your ex like showing up as a short penis or something like that. My client just told me that she thought of doing that, of getting a penis for a [...]
Bankruptcy and Divorce in New York: What you should know
If your spouse files for bankruptcy while an action for divorce is pending, this will likely halt the divorce proceedings if there are property settlement issues to be resolved. The reason is that when someone files bankruptcy, they get something called an AUTOMATIC STAY. That is a fancy term for “everything stops.” If you are the spouse of [...]
Christie Brinkley’s ex, Mr. Peter Cook decides he won’t pay his paramour another dime
Peter Cook is cooking again. The former Mr. Christie Brinkley who recently did a tell all on Barbara Walters (where he admitted having certain "bad" internet habits, among other vices) has now decided he will not pay Diana Bianchi another red cent. (Diana Bianchi, you may recall, was his teenage lover while he was married to Christie and he had [...]
Married Japanese man tries to commit bigamy, then sets a hotel on fire
Bigamy is against the law in New York, and in all states in the U.S. You cannot get married to someone else until you are legally divorced from your first spouse. In order for you to be legally divorced you have to received a judgment of divorce from the court, and there must be a notice of entry filed with the county clerk. Until that happens, [...]
A look at the Jennifer Hudson family tragedy and Domestic Violence in New York Divorces
Actress/singer Jennifer Hudson, the Academy Award Winning Actress and former contestant on American Idol has been dealt a double whammy this weekend when her mother and brother were gunned down in a domestic dispute. Jennifer's sister was married to the suspect. Jennifer's seven year old nephew is also missing since the tragedy. It has been [...]
Divorce Movies that lend some perspective (not all are set in New York)
Divorce, whether in New York or in Italy, is tough. It is emotionally wrenching, physically draining, and often financially devastating. If there are chilldren involved, it adds to the angst exponentially. Some people decide to stay together for the kids' sakes. Others decide to part, also for the kids' sakes. As a Divorce lawyer here in New [...]
David Duchovny sues for defamation in Los Angeles
The "Californication" award winning star, who recently graduated from rehab school (for an overactive libido), is said to be fighting mad over allegations by the British Daily Mail (an English tabloid) that he cheated on his wife Tea Leoni. Mr. Duchovny has a signed affidavit from the alleged paramour which clearly indicates that the two did not [...]
Is infertility grounds for divorce in New York? Ask supermodel Carol Alt
Is infertility grounds for divorce? That is a very good question. Former supermodel Carol Alt and her husband who are currently in court fighting over unrelated financial dealings, allegedly divorced a few years back because of her infertility following ovarian cancer. He wanted children badly and she could not give him kids, so they agreed to [...]
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