Welcome to New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family Law, presented by 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. Contact Us
The Law Firm of Joel R. Brandes P.C. concentrates its practice in divorce and family law appeals, and complex divorce, custody and international child abduction litigation. We advise and work with attorneys on litigated matters pending in all of the New York state and federal courts. We assist attorneys with trial preparation, and all aspects of a trial or appeal. Contact us.
Telephone: 212-859-5079, email: joel@nysdivorce.com. Contact Us
The Law Firm of Joel R. Brandes P.C. concentrates its practice in divorce and family law appeals, and complex divorce, custody and international child abduction litigation. We advise and work with attorneys on litigated matters pending in all of the New York state and federal courts. We assist attorneys with trial preparation, and all aspects of a trial or appeal. Contact us.
In the News
Judge Marks Memo dated May 20, 2020-New filings will be accepted through NYSECF commencing on Monday May 25th
In addition to expanding judicial services, courts and county clerk's offices in those counties are now accepting the filing of new non-essential matters through the New York State Electronic Filing System (NYSCEF). Consistent with the goal of expanding court activity while maintaining appropriate standards of public health and safety, we will be taking another important operational step commencing Monday, May 25. Beginning that day, e-filing through the NYSCEF system -- including the filing of new non-essential matters - will be restored in those counties of the state that have not yet met the benchmarks required to participate in the Governor's regional reopening plan. Those counties include the five New York City counties, Nassau and Suffolk counties, and Dutchess, Orange, Putnam, Rockland, Sullivan, UIster, and Westchester counties. In recognition of the continued curtailment of in-court activities of court personnel and the public - and in contrast to the usual practice in consensual e-filing matters -- this restoration of NYSCEF usage will be limited to cases in which represented parties file and serve all papers electronically. (Unrepresented litigants may continue to file, serve and be served papers through non-electronic means in those cases)
Laws of 2020, Chapters 55 and 56 (Budget Bills) added Article 5 -c to the Family Court Act, Judgments of Parentage of Children Conceived Through Assisted Reproduction Or Pursuant To Surrogacy Agreements (effective February 15, 2121), and made numerous amendments to the Domestic Relations Law, Family Court Act and other Family Related Laws
Laws of 2020, Ch 55, §1, enacted April 3, 2020 added an additional factor to the property distribution factors in Domestic Relations Law §236 [B]5] [d]. Factor 14 “any other factor which the court shall expressly find to be just and proper” was renumbered factor 15, and a new “domestic violence” factor 14 was added: (14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts. The amendment takes effect on May 3, 2020 and applies to matrimonial actions commenced on or after the effective date. See our Recent Legislation page.
Judge Marks Memo dated May 20, 2020-New filings will be accepted through NYSECF commencing on Monday May 25th
In addition to expanding judicial services, courts and county clerk's offices in those counties are now accepting the filing of new non-essential matters through the New York State Electronic Filing System (NYSCEF). Consistent with the goal of expanding court activity while maintaining appropriate standards of public health and safety, we will be taking another important operational step commencing Monday, May 25. Beginning that day, e-filing through the NYSCEF system -- including the filing of new non-essential matters - will be restored in those counties of the state that have not yet met the benchmarks required to participate in the Governor's regional reopening plan. Those counties include the five New York City counties, Nassau and Suffolk counties, and Dutchess, Orange, Putnam, Rockland, Sullivan, UIster, and Westchester counties. In recognition of the continued curtailment of in-court activities of court personnel and the public - and in contrast to the usual practice in consensual e-filing matters -- this restoration of NYSCEF usage will be limited to cases in which represented parties file and serve all papers electronically. (Unrepresented litigants may continue to file, serve and be served papers through non-electronic means in those cases)
Laws of 2020, Chapters 55 and 56 (Budget Bills) added Article 5 -c to the Family Court Act, Judgments of Parentage of Children Conceived Through Assisted Reproduction Or Pursuant To Surrogacy Agreements (effective February 15, 2121), and made numerous amendments to the Domestic Relations Law, Family Court Act and other Family Related Laws
Laws of 2020, Ch 55, §1, enacted April 3, 2020 added an additional factor to the property distribution factors in Domestic Relations Law §236 [B]5] [d]. Factor 14 “any other factor which the court shall expressly find to be just and proper” was renumbered factor 15, and a new “domestic violence” factor 14 was added: (14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts. The amendment takes effect on May 3, 2020 and applies to matrimonial actions commenced on or after the effective date. See our Recent Legislation page.
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. His ”Law and the Family” column is a regular feature in the New York Law Journal. His daughter Bari Brandes Corbin, Esq., of the New York Bar, and his son Evan Barett Brandes, Esq., of the New York, Massachusetts, and New South Wales, Australia Bars are counsel to the Firm. (*See Matter of Brandes, 2015 WL 4664743, 2015 N.Y. Slip Op. 81096(U) (2d Dept.,2015)). Click on this link for his Curriculum Vitae.
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Recent Decisions - Updated March 31, 2020
Articles of Interest
An article by Joel R. Brandes, titled" 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.
An article by Joel R. Brandes titled "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.
Recent New York Law Journal Articles by Joel R. Brandes
“The Resurrection of Marital Fault”. May 18, 2020. (Click here for our copy of 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 for article)
"Custody Rights of Non-Biological Parents," March 12, 2020 (Click here for 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, 2010. Click here for the article.
"The Right to an Interpreter or Facilitator at Trial" , December 11, 2019. Click here for 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.
An article by Joel R. Brandes, titled" 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.
An article by Joel R. Brandes titled "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.
Recent New York Law Journal Articles by Joel R. Brandes
“The Resurrection of Marital Fault”. May 18, 2020. (Click here for our copy of 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 for article)
"Custody Rights of Non-Biological Parents," March 12, 2020 (Click here for 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, 2010. Click here for the article.
"The Right to an Interpreter or Facilitator at Trial" , December 11, 2019. Click here for 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.
Law Books Written by Joel R. Brandes
New York Matrimonial Trial Handbook
by Joel R. Brandes (Published by Joel R. Brandes Consulting Services, Inc.)
(For information click on this link to go to the Bookbaby Bookstore). For information about the Kindle Edition and the Electronic Edition click on this link to go to the Joel R. Brandes Consulting Services, Inc. Bookstore)
by Joel R. Brandes (Published by Joel R. Brandes Consulting Services, Inc.)
(For information click on this link to go to the Bookbaby Bookstore). For information about the Kindle Edition and the Electronic Edition click on this link to go to the Joel R. Brandes Consulting Services, Inc. Bookstore)
Law and The Family New York, 2d (New York Practice Library, 9 Volumes, October 2019)
By Joel R. Brandes( Published by Thomson Reuters)
(For information click on this link to go to Thomson Reuters).
By Joel R. Brandes( Published by Thomson Reuters)
(For information click on this link to go to Thomson Reuters).
Law and The Family New York Forms, 2019 Edition (New York Practice Library, 5 Volumes, August 2019)
By Joel R. Brandes (Published by Thomson Reuters)
(For information click on this link to go to Thomson Reuters).
By Joel R. Brandes (Published by Thomson Reuters)
(For information click on this link to go to Thomson Reuters).
The Joel R. Brandes Consulting Services, Inc. Bookstore website (www.nysdivorce.net) deals with the trial of a New York matrimonial and custody action. This website focuses on the procedure and rules of evidence that an attorney must know to try a New York matrimonial action or custody case. It contains questions for the examination and cross-examination of witnesses. Click to Visit "A Child is Missing: The International Child Abduction Blog" - Our blog devoted to the Hague Convention on the Civil Aspects of International Child Abduction.
Bits and Bytes, ™ is our free bi-monthly electronic newsletter for lawyers and judges. Click here to request a free subscription and click here to download the latest issue. Click here for the Archive of Issues.
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 information on this web site was not necessarily written by persons licensed to practice law in a particular jurisdiction. 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, including, but not limited to court systems, publishers of legal information, agencies, educational institutions, profit making companies and non-profit associations. 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. Linking to a web site does not constitute an endorsement by us of the information presented on the linked site or the products that may be sold on the linked site. 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.
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 information on this web site was not necessarily written by persons licensed to practice law in a particular jurisdiction. 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, including, but not limited to court systems, publishers of legal information, agencies, educational institutions, profit making companies and non-profit associations. 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. Linking to a web site does not constitute an endorsement by us of the information presented on the linked site or the products that may be sold on the linked site. 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 © 2020, Joel R. Brandes Consulting Services, Inc. All rights reserved.
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The definitive site on the web for New York Divorce and Family Law. |
