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.
Joel R. Brandes concentrates his practice in New York divorce and family law appeals. He has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and was counsel in the landmark Court of Appeals cases of Morone v Morone, Tucker v Tucker and McSparron v McSparron. He also consults with and advises attorneys on appellate, trial court and international child abduction matters in all of the New York state and federal courts. He 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. Contact the firm for a virtual appointment.
Joel R. Brandes concentrates his practice in New York divorce and family law appeals. He has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and was counsel in the landmark Court of Appeals cases of Morone v Morone, Tucker v Tucker and McSparron v McSparron. He also consults with and advises attorneys on appellate, trial court and international child abduction matters in all of the New York state and federal courts. He 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. Contact the firm for a virtual appointment.
Joel R. Brandes has been recognized by the New York Appellate Division as a "noted authority and expert on New York family law and divorce.” (See Matter of Brandes, 2015 WL 4664743, 2015 N.Y. Slip Op. 81096(U) (2d Dept.,2015)).He is the author of the treatise Law and The Family New York, 2d (9 volumes), Law and the Family New York Forms 2020 Edition (5 volumes)(bothThomson 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. Click on this link for his background and qualifications.
Recent Divorce and Family Law Decisions - Updated April 21, 2021
Child Support Standards Chart Released
The Child Support Standards Chart (PDF) was released on March 1, 2021. It may be downloaded at https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf
The 2021 poverty income guidelines amount for a single person as reported by the United States Department of Health and Human Services is $12,880 and the 2021 self-support reserve is $17,388. The combined parental income amount remains at $154,000.
The Child Support Standards Chart (PDF) was released on March 1, 2021. It may be downloaded at https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf
The 2021 poverty income guidelines amount for a single person as reported by the United States Department of Health and Human Services is $12,880 and the 2021 self-support reserve is $17,388. The combined parental income amount remains at $154,000.
New Uniform Rules for Trial Courts adopted effective February 1, 2021. The Chief Administrative Judge enacted an order which amended the Uniform Rules for Trial Courts effective February 1, 2021. Click on the link to download a copy of the Special Edition of Bits and Bytes™ which contains all of the amended and new rules.
Recent New York legislation - Updated April 14, 2021
Recent Hague Convention International Child Abduction cases - Updated May 4, 2121
Recent New York Law Journal Articles by Joel R. Brandes - Updated May 10, 2021
"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, 2010. 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.
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.
Law Books Written by Joel R. Brandes
Law and The Family New York, 2d (New York Practice Library, 9 Volumes, August 2020)
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, 2020 Edition (New York Practice Library, 5 Volumes, July 2020)
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).
New York Matrimonial Trial Handbook
The New York Matrimonial Trial Handbook by Joel R. Brandes is available Kindle and ebook editions and at Bookbaby, Amazon, Barnes & Noble, Goodreads and other booksellers. For information click on the links above.
The New York Matrimonial Trial Handbook by Joel R. Brandes is available Kindle and ebook editions and at Bookbaby, Amazon, Barnes & Noble, Goodreads and other booksellers. For information click on the links above.
The New York Matrimonial Trial Handbook Courtroom Edition (paperback) by Joel R. Brandes, available on Amazon. It is an abridged version of the New York Matrimonial Trial Handbook containing only the procedural law and the law of evidence necessary to try the financial issues in a divorce case. It focuses on the testimony necessary to establish a prima facie economic case for maintenance, child support, counsel fees, special relief and property distribution. There are thousands of suggested questions for the examination of witnesses. The text is up to date through and including December 2020.
The New York Matrimonial Trial Handbook: 2020 Update (paperback) by Joel R. Brandes, available on Amazon. This update to the New York Matrimonial Trial Handbook includes changes in the law and important cases decided by the New York Courts since the original volume was published. It brings the text up to date through and including December 2020.
Bits and Bytes, ™ is our free bi-monthly electronic newsletter for lawyers and judges. Click here to request a free subscription.
The Joel R. Brandes Consulting Services, Inc. website (www.nysdivorce.net) contains extensive information about 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.
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.
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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 © 2021, Joel R. Brandes Consulting Services, Inc. All rights reserved.
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