The Law Firm of Joel R. Brandes, P.C.
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
Untitled
New Page
Articles by Joel R. Brandes from his New York Law Journal "Law and the Family" column
"Nuptial Agreements and Open Court Stipulations - The Differences.
Click here to read the article.
"
Joint Custody Awards in New York – The Current Rule", January 22, 2025.
Click here to read the article
"Review of Ex-Parte Orders by the Appellate Division", November 25, 2024.
Click here to read the article
“
The Lincoln Hearing and In-Camera Interview of the Child: Is there a Difference?”, October 16, 2024.
Click here to read the article
.
"The Child's Preference in Custody Determinations", September 16, 2024.
Click here to read the article
.
"Sanctions for Spoliation of Evidence in Matrimonial Actions", September 5, 2024.
Click here to read the article
"In Limine Motions: What they are and How do they affect divorce?", July 31, 2024.
Click here to read the article
"Service of Process by email", June 17, 2024.
Click here to read the article
.
"Punishment for Civil Contempt", May 6, 2024.
Click here to read the article.
"Recusal in Matrimonial and Family Court Actions", March 25, 2024.
Click here to read the article.
"Enforcement of Religious Marriage Contracts", February 23, 2024.
Click here to read the article
.
"The Parenting Coordinator," January 22, 2023.
Click here to read the article
.
"The Respect for Marriage Act," November 20, 2023.
Click here to read the article.
"The Fundamental Right to a Fair Trial," September 18, 2023.
Click here to read the article
.
"Criminal Contempt in Matrimonial Actions, “ August 14, 2023.
Click here to read the article.
"Contempt of Court – A Remedy of First Resort“ , June 30, 2023.
Click here to read the article.
“Taking an Appeal in an E-filed Matrimonial Action“ May 6, 2023.
Click here to read the article.
"Public Access to Matrimonial and Family Court Proceedings, March 27, 2023.
Click here to read the article.
"Forensic Evaluations in Custody Cases, February 23, 2023.
Click here to read the article.
"Filling the Gaps in Marital Agreements, January 18, 2023.
Click here to read the article.
"Electronic Attorney - Client Communications", November 24, 2022.
Click here to read the article.
"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 B
ad", 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 t
he 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, 202
1.
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.
C
lick here for the artic
le
.
"
The Right to an Interpreter or Facilitator at Trial" , December 11, 2019.
Click here to read the articl
e.
"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
.
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
Untitled
New Page