Welcome to New York Divorce and Family Law ™ the website of The Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, Suite 34, New York, NY 10036. Telephone: 212-859- 5079, email: joel@nysdivorce.com.
Our website has extensive original information about divorce, equitable distribution and custody . Use our site map or drop-down menus above to search this site. Scroll down for recent decisions and New York Law Journal articles about New York divorce and family law written by Mr. Brandes.
Our website has extensive original information about divorce, equitable distribution and custody . Use our site map or drop-down menus above to search this site. Scroll down for recent decisions and New York Law Journal articles about New York divorce and family law written by Mr. Brandes.
The Law Firm of Joel R. Brandes, P.C. concentrates its practice in New York divorce and family law appeals in divorce, equitable distribution and custody cases. We focus on high-profile matrimonial litigation and appeals. Mr. Brandes also serves as counsel to lawyers and law firms in complex matrimonial litigation, trials, and appeals. He has been recognized by the New York Appellate Division as a "noted authority and expert on New York family law and divorce.” Contact us to make an appointment
The Law Firm of Joel R. Brandes, P.C has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and has drafted briefs for and acted as consultant to attorneys in many international child abduction cases, including cases in the United States Court of Appeals, and the United States Supreme Court. Mr. Brandes was counsel in the landmark New York Court of Appeals cases of Morone v Morone, Tucker v Tucker and McSparron v McSparron. See some of our reported New York appellate decisions.
Joel R. Brandes is the author of the new Third Edition of Law and the Family New York, titled Law and the Family New York, 2022-2023 Edition (12 volumes) (Thomson Reuters). He is also the author of Law and the Family New York Forms 2022 Edition (5 volumes)(Thomson Reuters), the New York Matrimonial Trial Handbook (Bookbaby) and Law and the Family New York Second Edition (9 volumes)(Thomson Reuters). His ”Law and the Family” column is a regular feature in the New York Law Journal. See his background and qualifications. S
Bari Brandes Corbin is counsel to The Law Firm of Joel R. Brandes, P.C. She is the co-author of Law and the Family New York, Second Edition, Revised, Volumes 5 & 6 (Thomson-Reuters). She concentrates her practice on post-judgment enforcement and modification of orders and judgments and works as counsel to attorneys on all aspects of matrimonial litigation.
Evan Barett Brandes, of Sydney, Australia, and a member of the New York, Massachusetts, and New South Wales, Australia Bars is counsel to the Firm.
The Law Firm of Joel R. Brandes, P.C has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and has drafted briefs for and acted as consultant to attorneys in many international child abduction cases, including cases in the United States Court of Appeals, and the United States Supreme Court. Mr. Brandes was counsel in the landmark New York Court of Appeals cases of Morone v Morone, Tucker v Tucker and McSparron v McSparron. See some of our reported New York appellate decisions.
Joel R. Brandes is the author of the new Third Edition of Law and the Family New York, titled Law and the Family New York, 2022-2023 Edition (12 volumes) (Thomson Reuters). He is also the author of Law and the Family New York Forms 2022 Edition (5 volumes)(Thomson Reuters), the New York Matrimonial Trial Handbook (Bookbaby) and Law and the Family New York Second Edition (9 volumes)(Thomson Reuters). His ”Law and the Family” column is a regular feature in the New York Law Journal. See his background and qualifications. S
Bari Brandes Corbin is counsel to The Law Firm of Joel R. Brandes, P.C. She is the co-author of Law and the Family New York, Second Edition, Revised, Volumes 5 & 6 (Thomson-Reuters). She concentrates her practice on post-judgment enforcement and modification of orders and judgments and works as counsel to attorneys on all aspects of matrimonial litigation.
Evan Barett Brandes, of Sydney, Australia, and a member of the New York, Massachusetts, and New South Wales, Australia Bars is counsel to the Firm.
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Click here to visit the Joel R. Brandes Consulting Services, Inc. website for extensive information about the trial of New York matrimonial and custody actions.
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Recent New York Decisions: February 2005 to June 29, 2022
Recent New York Legislation and Court Rules to June 29, 2022
New and Revised Uniform Matrimonial Rules Became Effective July 1, 2022
"New Rules Governing Matrimonial Actions" appears in the New York State Bar Association Family Law Review, 2022, Vol. 54, No. 2. Administrative Order AO/141/22 adopted revisions to Matrimonial Rules 22 NYCRR 202.16 and 202.16-b, which incorporated most of the recently enacted Commercial Division rules. Administrative Order A/O/142/22 adopted a revised Preliminary Conference Stipulation/Order-Contested Matrimonial Forms (“PC Order”) for use in matrimonial matters effective July 1, 2022. Click links for rules and orders. |
Articles by Joel R. Brandes from his New York Law Journal "Law and the Family" column
"Limits on Interrogatories in Matrimonial Actions", November 15, 2022. Click here to read the article.
“Child Support Awards in Shared Custody Cases", October 20, 2022. Click here to read the article.
"Indirect Appreciation of Separate Property", September 29, 2022. Click here to read the article
"Who decides, Client or Attorney?", August 18, 2022 (written with Chris McDonough, Esq.). Click here to read the article.
"Impeaching Credibility in Matrimonial Actions", August 8, 2022. Click here to read the article.
"New Rules Governing Matrimonial Actions – The Good News and the Bad", July 14, 2022. Click here to read the article.
"Counsel Fee Awards in Enforcement Proceedings", July 5, 2022. Click here to read the article.
"Post-Divorce Maintenance Awards Under the Current Law", June 17, 2022. Click here to read the article.
"Parental Alienation in Custody Disputes, May 11, 2022. Click here to read the article.
"Child Support Awards Over the Income Cap", " April 11, 2022. Click here to read the article.
"Downward Modification of Court Ordered Support Obligations, March 14, 2022. Click here to read the article.
"Imputed Income in Matrimonial Actions," February 24, 2022. Click here to read the article.
"Unacknowledged Nuptial Agreements, January 10, 2022. Click here to read the article.
"Ethical Considerations in Client Communications," December 11, 2021. Click here to read the article.
"Enforcement of Support Orders by Contempt of Court," October 21, 2021. Click here to read the article.
“Subject Matter Jurisdiction of Supreme Court and Family Court ”, September 20, 2021. Click here to read the article.
"Appeals from Family Court Orders", September 1, 2021. Click here to read the article.
"Res Judicata and Collateral Estoppel in Divorce Actions, August 18, 2021, Click here to read the article.
"Flat Fee Retainers in Domestic Relations Matters, July 27, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
"Appellate Review of Non-Final Orders in Matrimonial Actions," July 7, 2021. Click here to read article.
"Standards for Modification of Child Support: Did Boden Survive?”, June 29, 2021. Click here to read article.
"Email and Ex Parte Communications, June 17, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
"Preserving the Right to Appeal", May 10, 2021. Click here to read the article.
"The New Motion Practice Rules", March 8, 2021. Click here to read the article.
“Trial by Combat”, February 18, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
“Efiling Primer for Matrimonial Attorneys", January 7, 2021. Click here to read the article.
"Understanding the Support Magistrate Objection Process", November 3, 2020. Click here to read the article.
"Ethical Obligations of Lawyers as Witnesses in Matrimonial Actions", October 7, 2020 (With Chris McDonough, Esq.) Click here to read the article
"The Demise of 'O'Brien': Student/Working Spouse Equitable Distribution", September 16, 2020. Click here to read the article.
“Is there a Domestic Relations Exception to Diversity Jurisdiction", August 5, 2020 (Written with Hon. George B. Daniels) Click here to read the article.
"Sanctions and Discipline for Frivolous Conduct in Matrimonial Actions," July 9, 2020. Click here to read the article.
Limiting the Scope of Representation in Family Court Proceedings, July 2, 2020. (Written with Chris McDonough, Esq.) Click here to read the article.
“The Resurrection of Marital Fault”. May 18, 2020. Click here to read the article.
"Primer on the Enhanced Scrutiny in the Ethical Rules Impacting Domestic Relations Practitioners", April 24, 2020 (Written with Chris McDonough, Esq.) Click here to read the article.
"Custody Rights of Non-Biological Parents," March 12, 2020. Click here to read the article article.
"When Your Client Goes Missing, " February 20, 2020 (Click here) (written with Chris McDonough, Esq.)
“The Burden of Proof and Presumptions in Matrimonial Actions”, January 2, 2020. Click here for the article.
"The Right to an Interpreter or Facilitator at Trial" , December 11, 2019. Click here to read the article.
"Standards of Appellate Review in Matrimonial Actions", November 8, 2019. Click here to read the article.
“Fundamental and Harmless Error in Matrimonial and Family Matters." October 21, 2019. Click here to read the article.
"Protecting Native American Children." September 20, 2019. Click here to read the article.
“Clarifying the Concepts of Transmutation and Commingling.” August 22, 2019. Click here to read the article
“Inchoate Rights to Marital Property.” July 29, 2019. Click here to read the article
“Enforcing Counsel Fee, Support and Distributive Awards by Execution of Judgment.” July 18, 2019. Click here to read the article.
“What is the Status of Child in a Custody Case? July 8, 2019. Click here to read the article. “Who is the Less Monied Spouse?” June 14, 2019. Click here to read the article.
“Conduct in litigation and counsel fee awards.” May 17, 2019. Click here to read the article.
Other Recent Articles by Joel R. Brandes
"New Rules Governing Matrimonial Actions" appears in the New York State Bar Association Family Law Review, August 2022, Vol. 54, No. 2.
"Stare Decisis, Precedent and Dicta appears in the March 2020 issue of the New York State Bar Journal, Vol. 92, No. 2 at page 36.
"Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship" appears in the New York State Bar Association Family Law Review, Winter 2020, Vol. 52, No. 1.
"Maintenance and Spousal Support, Then and Now: Are They the Same? "appears in the New York State Bar Association Family Law Review, 2021, Vol. 53, No. 2.
"Limits on Interrogatories in Matrimonial Actions", November 15, 2022. Click here to read the article.
“Child Support Awards in Shared Custody Cases", October 20, 2022. Click here to read the article.
"Indirect Appreciation of Separate Property", September 29, 2022. Click here to read the article
"Who decides, Client or Attorney?", August 18, 2022 (written with Chris McDonough, Esq.). Click here to read the article.
"Impeaching Credibility in Matrimonial Actions", August 8, 2022. Click here to read the article.
"New Rules Governing Matrimonial Actions – The Good News and the Bad", July 14, 2022. Click here to read the article.
"Counsel Fee Awards in Enforcement Proceedings", July 5, 2022. Click here to read the article.
"Post-Divorce Maintenance Awards Under the Current Law", June 17, 2022. Click here to read the article.
"Parental Alienation in Custody Disputes, May 11, 2022. Click here to read the article.
"Child Support Awards Over the Income Cap", " April 11, 2022. Click here to read the article.
"Downward Modification of Court Ordered Support Obligations, March 14, 2022. Click here to read the article.
"Imputed Income in Matrimonial Actions," February 24, 2022. Click here to read the article.
"Unacknowledged Nuptial Agreements, January 10, 2022. Click here to read the article.
"Ethical Considerations in Client Communications," December 11, 2021. Click here to read the article.
"Enforcement of Support Orders by Contempt of Court," October 21, 2021. Click here to read the article.
“Subject Matter Jurisdiction of Supreme Court and Family Court ”, September 20, 2021. Click here to read the article.
"Appeals from Family Court Orders", September 1, 2021. Click here to read the article.
"Res Judicata and Collateral Estoppel in Divorce Actions, August 18, 2021, Click here to read the article.
"Flat Fee Retainers in Domestic Relations Matters, July 27, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
"Appellate Review of Non-Final Orders in Matrimonial Actions," July 7, 2021. Click here to read article.
"Standards for Modification of Child Support: Did Boden Survive?”, June 29, 2021. Click here to read article.
"Email and Ex Parte Communications, June 17, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
"Preserving the Right to Appeal", May 10, 2021. Click here to read the article.
"The New Motion Practice Rules", March 8, 2021. Click here to read the article.
“Trial by Combat”, February 18, 2021 (written with Chris McDonough, Esq.) Click here to read the article.
“Efiling Primer for Matrimonial Attorneys", January 7, 2021. Click here to read the article.
"Understanding the Support Magistrate Objection Process", November 3, 2020. Click here to read the article.
"Ethical Obligations of Lawyers as Witnesses in Matrimonial Actions", October 7, 2020 (With Chris McDonough, Esq.) Click here to read the article
"The Demise of 'O'Brien': Student/Working Spouse Equitable Distribution", September 16, 2020. Click here to read the article.
“Is there a Domestic Relations Exception to Diversity Jurisdiction", August 5, 2020 (Written with Hon. George B. Daniels) Click here to read the article.
"Sanctions and Discipline for Frivolous Conduct in Matrimonial Actions," July 9, 2020. Click here to read the article.
Limiting the Scope of Representation in Family Court Proceedings, July 2, 2020. (Written with Chris McDonough, Esq.) Click here to read the article.
“The Resurrection of Marital Fault”. May 18, 2020. Click here to read the article.
"Primer on the Enhanced Scrutiny in the Ethical Rules Impacting Domestic Relations Practitioners", April 24, 2020 (Written with Chris McDonough, Esq.) Click here to read the article.
"Custody Rights of Non-Biological Parents," March 12, 2020. Click here to read the article article.
"When Your Client Goes Missing, " February 20, 2020 (Click here) (written with Chris McDonough, Esq.)
“The Burden of Proof and Presumptions in Matrimonial Actions”, January 2, 2020. Click here for the article.
"The Right to an Interpreter or Facilitator at Trial" , December 11, 2019. Click here to read the article.
"Standards of Appellate Review in Matrimonial Actions", November 8, 2019. Click here to read the article.
“Fundamental and Harmless Error in Matrimonial and Family Matters." October 21, 2019. Click here to read the article.
"Protecting Native American Children." September 20, 2019. Click here to read the article.
“Clarifying the Concepts of Transmutation and Commingling.” August 22, 2019. Click here to read the article
“Inchoate Rights to Marital Property.” July 29, 2019. Click here to read the article
“Enforcing Counsel Fee, Support and Distributive Awards by Execution of Judgment.” July 18, 2019. Click here to read the article.
“What is the Status of Child in a Custody Case? July 8, 2019. Click here to read the article. “Who is the Less Monied Spouse?” June 14, 2019. Click here to read the article.
“Conduct in litigation and counsel fee awards.” May 17, 2019. Click here to read the article.
Other Recent Articles by Joel R. Brandes
"New Rules Governing Matrimonial Actions" appears in the New York State Bar Association Family Law Review, August 2022, Vol. 54, No. 2.
"Stare Decisis, Precedent and Dicta appears in the March 2020 issue of the New York State Bar Journal, Vol. 92, No. 2 at page 36.
"Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship" appears in the New York State Bar Association Family Law Review, Winter 2020, Vol. 52, No. 1.
"Maintenance and Spousal Support, Then and Now: Are They the Same? "appears in the New York State Bar Association Family Law Review, 2021, Vol. 53, No. 2.
Books by Joel R. Brandes
Joel R. Brandes is the author of a new edition of Law and the Family New York titled “Law and the Family New York, 2022-2023 Edition.”
“Law and the Family New York, 2022-2023 Edition” a 12 volume set is a definitive treatise on New York Family Law. It has been described as “a massive accomplishment, a wealth of information for the bench and bar, and simply impressive scholarship.” The emphasis is upon existing New York law as well as Interstate Conventions, Federal Law, and International treaties which affect and govern portions of New York Family Law. The treatise will be supplemented and/or revised each year as changing law and circumstances warrant.
“Law and the Family New York, 2022-2023 Edition” a 12 volume set is a definitive treatise on New York Family Law. It has been described as “a massive accomplishment, a wealth of information for the bench and bar, and simply impressive scholarship.” The emphasis is upon existing New York law as well as Interstate Conventions, Federal Law, and International treaties which affect and govern portions of New York Family Law. The treatise will be supplemented and/or revised each year as changing law and circumstances warrant.
Law and The Family New York Forms, 2022 Edition ( 5 Volumes)(August 2022)
by Joel R. Brandes (Thomson Reuters) (For information click on this link).
by Joel R. Brandes (Thomson Reuters) (For information click on this link).
The New York Matrimonial Trial Handbook
by Joel R. Brandes (December 2017) (Bookbaby). Available from Bookbaby, Amazon, and other booksellers and Kindle and ebook editions. Discusses the procedural law, the law of evidence and contains thousands of questions to try a divorce and custody case.
by Joel R. Brandes (December 2017) (Bookbaby). Available from Bookbaby, Amazon, and other booksellers and Kindle and ebook editions. Discusses the procedural law, the law of evidence and contains thousands of questions to try a divorce and custody case.
The New York Matrimonial Trial Handbook 2022 Cumulative Update is now available on Amazon. New purchasers of the New York Matrimonial Trial Handbook in hard cover from Bookbaby, or in Kindle and ebook editions directly from the Consulting Services bookstore, can obtain a free copy of the Pdf Edition of the 2022 Cumulative Update by submitting proof of purchase to divorce@ix.netcom.com and obtaining a coupon code that can be used on Consulting Services Bookstore website.
The New York Matrimonial Trial Handbook Custody Edition (soft cover) by Joel R. Brandes (December 2020)(Amazon) is an abridged version of the New York Matrimonial Trial Handbook containing only the procedural law, the law of evidence and questions to try a custody case. (Also available in a Kindle edition.)
The New York Matrimonial Trial Handbook Courtroom Edition (soft cover) by Joel R. Brandes (January 2021)(Amazon) is an abridged version of the New York Matrimonial Trial Handbook containing only the procedural law, the law of evidence and questions to try the financial issues in a divorce case. (Also available in a Kindle edition)
Law and The Family New York, 2d (9 Volumes)(August 2020) by Joel R. Brandes (Thomson Reuters) is no longer available. It has been replaced by “Law and the Family New York, 2021-2022 Edition” a 12 volume set. Click on link for more information.
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Disclaimer Notice: The information on this site pertains to New York law and is offered as a public service. It is not intended to give legal advice about a specific legal problem. Due to the importance of the individual facts of every case, the information on this site may not necessarily be applicable to any particular case. Changes in the law could at any time make parts of this web site obsolete. The publisher is not engaged in rendering legal advice and this publication is not intended to give legal advice about a specific legal problem, nor is it a substitute for the advice of an attorney. This information is provided with the understanding that if legal advice is required the services of a competent attorney should be sought. Our web site has many links to web sites of other organizations. While we offer these electronic links for your convenience in accessing New York Divorce and Family Law related information, please be aware that when you exit our web site, the privacy policy stated on our web site may not be the same as that on other web sites. In addition, we cannot attest to the accuracy of the information provided by linked sites. Potential clients are advised to read the Revised Form of Statement of Client’s Rights and Responsibilities pursuant to 22 NYCRR 1400.2, effective February 15, 2019, which New York matrimonial attorneys are required to provide to them at the initial consultation, as well as the Statement of Clients Rights and Responsibilities. (This web site is considered Attorney Advertising by New York Court rules.) The Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, Suite 34, New York, NY 10036-7424. 212-859-5079.
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New York Divorce and Family Law™ is published by Joel R. Brandes Consulting Services, Inc., a Florida Corporation, located at 2881 NE 33rd Court, Fort Lauderdale, Florida 33306. Telephone 954-564-9883. Send email to divorce@ix.netcom.com. Copyright © 2022, Joel R. Brandes Consulting Services, Inc. All rights reserved.
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