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Divorce Information
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- Equitable Distribution Law for Trial Counsel
- Equitable Distribution Decisions Chart to January 1, 2023
- Exclusive Occupancy of Marital Home
- Frequently Asked Questions About Marriage, Divorce, Separation and Custody
- Grounds for Divorce
- Legal Fees, Liens & Sanctions
- Litigation & Procedure
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- Maintenance and Child Support New York Court System Tools
- Marital Property, Separate Property and Property Distribution
- Motion Practice
- Modification of Maintenance and Child Support Orders and Judgments
- Orders of Protection
- Qualified Domestic Relations Orders
- Retirement Benefits
- Right to Counsel in Matrimonial Action
- Role of the Attorney for the Child
- Special Relief (life, health, accident, medical and dental insurance)
- Social Security Benefits for Divorced Spouses
- Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
- Trial and Trial Testimony
- Trial and Trial Testimony 2023 Update
- Trial of a Divorce and Custody Action Website
- Trial Evidence for Divorce and Family Law
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Appellate Practice
- Important Practice Updates from the Appellate Divisions
- Instructions for taking an Appeal to the Appellate Division
- Taking an Appeal from Supreme Court under NYCSEF
- Who is served with the notice of appeal?
- Registration and Consent to Efiling by Respondents
- Preserving the Right to Appeal
- Appellate Division is Single Statewide Court
- Appeals to the Appellate Division as of Right from the Supreme Court
- Permissible Appellant—“Aggrieved party” and Mootness doctrine
- Permissible Appellant - Appealable Judgment or Order
- Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
- Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
- Appeals : Fundamental and Harmless Error
- Appeals : Matrimonial Presumptions and the Burden of Proof
- Appeals : Stare Decisis, Precedent and Dicta
- Appeals : Understanding the Support Magistrate Objection Process
- Appeals to the Appellate Division from Family Court
- Perfecting the Appeal to the Appellate Division - Methods
- Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
- Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
- Method of Settlement of the Transcript
- Appeals to Appellate Division from Supreme Court by permission
- Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
- Form of Briefs and Appendices - CPLR
- What must be in the Reproduced Full Record
- What is the Judgment-roll?
- What must be in the Appendix.
- What must be in Briefs
- Time, number and manner of filing of records, appendices and briefs
- Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
- Extension of time to perfect appeal
- Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
- First Department Requirement of note of issue
- Stay of Enforcement of Order or Judgment Pending Appeal
- Practice in the Appellate Division: What Laws Govern
- Practice Rules of the Appellate Divison: Joint & Local Rules
- Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
- Practice in the Appellate Division, First Department, Frequently asked questions
- Practice in the Appellate Divison: Motions in the First Department
- Practice in the Appellate Divison: Motions in the Second Department
- Practice in the Appellate Division: Motions in the Third Department
- Practice In The Appellate Division:Motions in the Fourth Department
- Instructions for Taking an Appeal Frequently Asked Questions
- Instructions for Perfecting an Appeal to the Appellate Division
- Instructions to Perfect an Appeal in the Third Department
- Instructions to perfect an appeal in the Fourth Department
- Appellate Division Fourth Department Q & A
- Universal E-filing in the Fourth Department
- Standards of Appellate Review in Matrimonial Actions
- Standards of Appellate Review of Custody Determinations
- Standards of Appellate Review of Custody Determinations - Changed Circumstances during pendency of appeal
- Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
- Mandatory Electronic filing (e-filing): First Department
- Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
- Electronic filing (e-filing): First Department New and Amended Local Rules
- Electronic filing (e-filing): First Department Formatting Specifications
- Electronic filing (e-filing): First Department Frequently Asked Questions
- Electronic filing (e-filing): Second Department Technical Guidelines
- Mandatory Electronic filing (e-filing): Second Department
- Electronic filing (e-filing): First Department Motions Frequently Asked Questions
- Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
- Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
- Electronic filing (e-filing): Third Department Motion FAQs
- Mandatory Electronic filing (e-filing): Fourth Department
- Electronic filing (e-filing): Fourth Department Motion FAQS
- Electronic filing Authorization in matrimonial actions
- E-filing Rules and Forms of the Appellate Division
- Joel R. Brandes Reported Appeals
- Court of Appeals Rules of Practice
- How to take an Appeal to the Court of Appeals
- Appeals as of Right to the Court of Appeals
- Motions for Leave to Appeal to the Court of Appeals
- Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
- Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
- Appealability and Reviewability in the Court of Appeals
- What is a Final Determination appealable to Court of Appeals?
- The "Necessarily Affects" Requirement of the Court of Appeals
- Filing of record material and briefs in normal course appeals to the Court of Appeals
- Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
- Content and form of Briefs in Normal Course Appeals to the Court of Appeals
- Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
- Civil Motions in the Court of Appeals Frequently Asked Questions
- Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
- Court of Appeals Portal for uploading companion digital submissions
- Court of Appeals Court Pass Public Access and Search
- Trial of a Divorce and Custody Action
- New York Court System Links for Lawyers
- New York Court Rules
- Electronic Filing in Supreme Court Rules and FAQ's
- Removal of NYCSEF Consent 22 NYCRR 202.16-c
- Sending Documents to the Court Using EDDS
- Family Court Official Forms
- New York Courts Case Search Page for E-filed Case Files
- New York Court System Site Map
- New York Court Websites and Decisions
- International Child Abduction Laws and Information
- Hague International Child Abduction Convention cases from 2011 to date.
- Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
- Who we are
- Joel R. Brandes Curriculum vitae
- Make an Appointment for a Consultation
- Subscribe to Bits and Bytes™
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The Demise of 'O'Brien': Student/Working Spouse Equitable Distribution, New York Law Journal, September 16, 2020. Click here to read the article.
Clarifying the Concepts of Transmutation and Commingling, New York Law Journal, August 22, 2019. Click here to read the article
Inchoate Rights to Marital Property, New York Law Journal, July 29, 2019. Click here to read the article
The Burden of Proof and Presumptions in Matrimonial Actions, New York Law Journal, January 2, 2020. Click here for the article.
Fundamental and Harmless Error in Matrimonial and Family Matters, New York Law Journal, October 21, 2019. Click here to read the article.
Clarifying the Concepts of Transmutation and Commingling, New York Law Journal, August 22, 2019. Click here to read the article
Inchoate Rights to Marital Property, New York Law Journal, July 29, 2019. Click here to read the article
The Burden of Proof and Presumptions in Matrimonial Actions, New York Law Journal, January 2, 2020. Click here for the article.
Fundamental and Harmless Error in Matrimonial and Family Matters, New York Law Journal, October 21, 2019. Click here to read the article.
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- Home
-
Recent Decisions & Articles
- Recent Decisions, Legislation and Court Rules
- New York Law Journal Articles by Joel R. Brandes
- Articles Published in NYSBA Family Law Review
- Bits and Bytes™ Issues - New York Divorce and Family Law Newsletter
- Table of Contents of this website
- Joel R. Brandes Letters to the Editor
- Recent International Child Abduction Cases
- Books by Joel R. Brandes
- Adoption Information Articles
- Child Abuse & Prevention Articles
- Common Law Marriage Articles
- Child Visitation Supervisors
- Domestic Violence Articles
- Engagement gifts Articles
- Family Court Proceedings Articles
- Grandparent and Non-Parent Visitation Articles
- Professional Conduct Articles
- Income Tax and Capital Gains Tax Articles
- Spousal Support Articles
-
Divorce Information
- Antenuptial, Prenuptial, Nuptial and Post Nuptial Agreements
- Child Custody, Visitation (Parental Access) & Parental Alienation
- Child Support
- Counsel Fee Awards
- Degrees & Licenses
- Emergency Court Applications
- Enforcement of Judgments & Orders
- Equitable Distribution of Marital Property
- Equitable Distribution Law for Trial Counsel
- Equitable Distribution Decisions Chart to January 1, 2023
- Exclusive Occupancy of Marital Home
- Frequently Asked Questions About Marriage, Divorce, Separation and Custody
- Grounds for Divorce
- Legal Fees, Liens & Sanctions
- Litigation & Procedure
- Maintenance Awards until 2016
- Maintenance Awards on or after January 22, 2016
- Maintenance, Special Relief & Spousal Support
- Maintenance and Child Support New York Court System Tools
- Marital Property, Separate Property and Property Distribution
- Motion Practice
- Modification of Maintenance and Child Support Orders and Judgments
- Orders of Protection
- Qualified Domestic Relations Orders
- Retirement Benefits
- Right to Counsel in Matrimonial Action
- Role of the Attorney for the Child
- Special Relief (life, health, accident, medical and dental insurance)
- Social Security Benefits for Divorced Spouses
- Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
- Trial and Trial Testimony
- Trial and Trial Testimony 2023 Update
- Trial of a Divorce and Custody Action Website
- Trial Evidence for Divorce and Family Law
- Uniform Child Custody Jurisdiction & Enforcement Act Overview
- Valuation Aids
-
Appellate Practice
- Important Practice Updates from the Appellate Divisions
- Instructions for taking an Appeal to the Appellate Division
- Taking an Appeal from Supreme Court under NYCSEF
- Who is served with the notice of appeal?
- Registration and Consent to Efiling by Respondents
- Preserving the Right to Appeal
- Appellate Division is Single Statewide Court
- Appeals to the Appellate Division as of Right from the Supreme Court
- Permissible Appellant—“Aggrieved party” and Mootness doctrine
- Permissible Appellant - Appealable Judgment or Order
- Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
- Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
- Appeals : Fundamental and Harmless Error
- Appeals : Matrimonial Presumptions and the Burden of Proof
- Appeals : Stare Decisis, Precedent and Dicta
- Appeals : Understanding the Support Magistrate Objection Process
- Appeals to the Appellate Division from Family Court
- Perfecting the Appeal to the Appellate Division - Methods
- Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
- Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
- Method of Settlement of the Transcript
- Appeals to Appellate Division from Supreme Court by permission
- Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
- Form of Briefs and Appendices - CPLR
- What must be in the Reproduced Full Record
- What is the Judgment-roll?
- What must be in the Appendix.
- What must be in Briefs
- Time, number and manner of filing of records, appendices and briefs
- Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
- Extension of time to perfect appeal
- Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
- First Department Requirement of note of issue
- Stay of Enforcement of Order or Judgment Pending Appeal
- Practice in the Appellate Division: What Laws Govern
- Practice Rules of the Appellate Divison: Joint & Local Rules
- Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
- Practice in the Appellate Division, First Department, Frequently asked questions
- Practice in the Appellate Divison: Motions in the First Department
- Practice in the Appellate Divison: Motions in the Second Department
- Practice in the Appellate Division: Motions in the Third Department
- Practice In The Appellate Division:Motions in the Fourth Department
- Instructions for Taking an Appeal Frequently Asked Questions
- Instructions for Perfecting an Appeal to the Appellate Division
- Instructions to Perfect an Appeal in the Third Department
- Instructions to perfect an appeal in the Fourth Department
- Appellate Division Fourth Department Q & A
- Universal E-filing in the Fourth Department
- Standards of Appellate Review in Matrimonial Actions
- Standards of Appellate Review of Custody Determinations
- Standards of Appellate Review of Custody Determinations - Changed Circumstances during pendency of appeal
- Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
- Mandatory Electronic filing (e-filing): First Department
- Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
- Electronic filing (e-filing): First Department New and Amended Local Rules
- Electronic filing (e-filing): First Department Formatting Specifications
- Electronic filing (e-filing): First Department Frequently Asked Questions
- Electronic filing (e-filing): Second Department Technical Guidelines
- Mandatory Electronic filing (e-filing): Second Department
- Electronic filing (e-filing): First Department Motions Frequently Asked Questions
- Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
- Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
- Electronic filing (e-filing): Third Department Motion FAQs
- Mandatory Electronic filing (e-filing): Fourth Department
- Electronic filing (e-filing): Fourth Department Motion FAQS
- Electronic filing Authorization in matrimonial actions
- E-filing Rules and Forms of the Appellate Division
- Joel R. Brandes Reported Appeals
- Court of Appeals Rules of Practice
- How to take an Appeal to the Court of Appeals
- Appeals as of Right to the Court of Appeals
- Motions for Leave to Appeal to the Court of Appeals
- Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
- Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
- Appealability and Reviewability in the Court of Appeals
- What is a Final Determination appealable to Court of Appeals?
- The "Necessarily Affects" Requirement of the Court of Appeals
- Filing of record material and briefs in normal course appeals to the Court of Appeals
- Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
- Content and form of Briefs in Normal Course Appeals to the Court of Appeals
- Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
- Civil Motions in the Court of Appeals Frequently Asked Questions
- Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
- Court of Appeals Portal for uploading companion digital submissions
- Court of Appeals Court Pass Public Access and Search
- Trial of a Divorce and Custody Action
- New York Court System Links for Lawyers
- New York Court Rules
- Electronic Filing in Supreme Court Rules and FAQ's
- Removal of NYCSEF Consent 22 NYCRR 202.16-c
- Sending Documents to the Court Using EDDS
- Family Court Official Forms
- New York Courts Case Search Page for E-filed Case Files
- New York Court System Site Map
- New York Court Websites and Decisions
- International Child Abduction Laws and Information
- Hague International Child Abduction Convention cases from 2011 to date.
- Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
- Who we are
- Joel R. Brandes Curriculum vitae
- Make an Appointment for a Consultation
- Subscribe to Bits and Bytes™
- Terms of Use Privacy Policy
- Consultation Fee Payment