The Oscar-nominated film, Marriage Story, by Noah Baumbach, is really a divorce story. It centers on the relationships between Nicole, an actor, her husband, Charlie, a Broadway director, and their eight-year-old son, Henry. The family lives together in Brooklyn until Nicole gets a job on a TV series in Los Angeles – and moves to LA with Henry. From Nicole’s perspective, she and Charlie had a deal that, someday, they would move to Los Angeles, which is where she grew … read more »
The Four Divorces
In my practice, I have observed that when couples divorce, there are actually several layers of separation, each of which requires its own attention. I think of these as the emotional, social, physical and legal divorces. The emotional divorce between spouses, like that of any friendship, often happens over time. People may simply grow apart, particularly those who began their marriage when they were young. They may change their expectations for themselves and for what they want from a partner. … read more »
Who Can You Marry?
Happy New Year! I am thrilled to let you know that this coming semester, I will be teaching New York family law at my alma mater, the CUNY School of Law in Long Island City. It is a community of the most amazingly creative, intelligent, and committed students and professors, all dedicated to law in the service of human needs. I am really honored to have this opportunity! Over the next few months, I will use this space to share … read more »
R-E-S-P-E-C-T — Find Out What it Means to Me!
I write this just days after the death of the infamous Queen of Soul, Aretha Franklin. Hers was the voice of a generation — my generation — but she meant so much more. While it is difficult to imagine a world without her, I am grateful for her music, which will live on. From my perspective, Aretha’s most influential song was “Respect,” written by Otis Redding. As Wesley Morris wrote in her obituary, she turned the song — and the … read more »
Listing Assets for a Prenup (VIDEO)
Why you need to know your debts and assets before signing a prenup…
Prenup? That’s Good News!
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement. You are taken off guard. “But don’t you trust me?” you cry. “It’s not that,” he stammers. “It’s just that, that I will be disowned if I don’t…” Or, “It’s just that I have worked so hard on creating my own business, and I want things to be clear with my business partners…” Or, “It’s just … read more »
Same Sex Married Couples Still Need Second Parent Adoptions
I have written about this before, and it is still true – same sex couples still need second parent adoptions even though they are legally married. New York’s Appellate Division Second Department made this clear their May 2015 decision, Matter of Paczkowski. The case is about a lesbian couple who was married and had a child together during the marriage. The non-biological mom had not adopted their child. The couple later broke up, and she filed for joint custody, arguing … read more »
Is That Prenup Really Fair?
Lee and Carolyn were in love. Carolyn loved Lee so much that she moved her children from Delaware to Long Island so they could be a family. After 8 years of dating, Lee finally proposed. Lee suggested a prenuptial agreement. Carolyn was so relieved that they were finally getting married, that she said, “I’ll sign any piece of paper you put in front of me and I won’t even read it.” And so he did. Lee gave her the agreement … read more »
DOMA and the States
There is no doubt that the Supreme Court’s recent decision regarding the Defense of Marriage Act (DOMA) was historic, and will forever change the lives for millions of same-sex couples and their families. There are over 1,100 federal benefits now available to married same sex couples that were previously only available to married heterosexual couples. But DOMA is not entirely deceased. There were 2 parts to DOMA – the part that remains intact is the part that says that states … read more »
The Dreaded Pre-nup
Lately, I have had a few clients who have come to me asking for a prenuptial agreement because their parents insisted that they have one. Prenups used to be thought of only for the rich and famous. But they are becoming much more common, and are losing some of their stigma. When should you consider having a pre-nup? Here are some common examples when a pre-nup can be helpful. If: You are part of a family business, and you want … read more »