The Law Firm of Joel R. Brandes, P.C.
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  • 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 and Journal
    • 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
Terms of Use, Privacy Policy and Disclaimer Notice

Terms of use

The Terms and Conditions of Use set forth herein apply to the New York Divorce and Family Law  web site at www.nysdivorce.com , which is owned, operated, licensed, or controlled by Joel R. Brandes Consulting Services, Inc. ("JRBCSI"), a Florida Corporation. 

Please Read These Terms And Conditions Of Use Carefully Before Using This Web Site. 

By using this web site  you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes. 

Restrictions On Use Of Materials. 

No material from this web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. 
Modification of the materials or use of the materials for any other purpose is a violation of JRBCSI's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to JRBCSI.

Jurisdictional Issues. 

The web site is controlled and operated by JRBCSI from its offices within the State of Florida. JRBCSI makes no representation that materials in the web site are appropriate or available for use in any state. Those who choose to access the web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

Termination. 

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from the web site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from JRBCSI if in JRBCSI's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this web site and all copies thereof, whether made under the terms of these terms or otherwise. 

Disclaimer. 

The materials in the  web site is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, JRBCSI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 
JRBCSI  does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the  web site or the server(s) that makes the web sites available are free of viruses or other harmful components. JRBCSI does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not JRBCSI) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

Limitation Of Liability. 

Under no circumstances, including, but not limited to, negligence, shall JRBCSI be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the web site, even if JRBCSI or an JRBCSI authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall JRBCSI's total liability to you for all damages, losses, and causes of action -- whether in contract, tort (including, but not limited to, negligence), or otherwise -- exceed the amount paid by you, if any, for accessing this site.

Not Legal Advice - Not  A Law Firm. 

JRBCSI is not a law firm. The information contained on this web site has been prepared by JRBCSI or its contributors as a public service to its readers and the Internet community and is not intended to constitute legal advice. JRBCSI has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the web site. Users of information from the web site or links do so at their own risk. 

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. Potential clients of any law firm listed on this site are advised to read the Statement of Clients Rights and Responsibilities, which New York matrimonial attorneys are required to provide to them at the initial consultation. 

Links To Other Web Sites And Services. 

To the extent that the web site contain links to outside services and resources, JRBCSI does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. 
​
Other. 

These terms shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Broward County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. 
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 We adhere to a strict privacy policy.  We will only use the information that you give us to provide you with information about our site and Joel R. Brandes Consulting Services, Inc. or The Law Firm of Joel R. Brandes, P.C.
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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 and Journal
    • 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