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Separation Agreements — Contracts Governed by Contract Law
May 01, 2003
There appears to be no reason why the parties to a separation agreement cannot specifically provide in their agreement that a resumption of marital relations will not be deemed a reconciliation, and that the separation agreement will not be impaired or invalidated thereby unless a formal written document is executed by the parties acknowledging such reconciliation and affirmatively canceling the agreement. Indeed, such language is commonly found in separation agreements, and its obvious purpose is to avoid subsequent litigation in the event of a failed reconciliation attempt.
Fighting over Fido: Pets in Divorce
May 01, 2003
Your spouse, your children and your beloved pets have lived together as a family for the last 10 years, but one of you has now filed for divorce. Who gets the kids? Who gets the wedding china? Who gets Fido? Obviously, every court in the country treats the custody of children differently than personal property. So where do pets fit in? Should companion animals be treated akin to children and custody/visitation determined by looking at the pets' best interest, or are companion animals no more than personal property to be distributed like pots and pans on divorce?
'Double Dipping' Rejected in Calculating Child Support
May 01, 2003
Finding a lack of authority on the issue of "double dipping" in child support awards, Justice Robert A. Ross of the Nassau County Supreme Court found in a case decided earlier this year that the public policy against "miscalculations" in distributive awards demanded that the amount the husband paid the wife for his enhanced earnings capacity could not be computed as part of his income in determining his child support payments.
Decisions of Interest
May 01, 2003
Recent rulings of importance to your practice.
Real Property Law
May 01, 2003
Recent rulings of importance to your practice.
The Hottest Dish in Real Estate
May 01, 2003
Television has changed the American city from top to bottom. In the days of Lucy and Ricky, antennas covered apartment rooftops. Then came the cable lines buried under the streets or snaking along utility poles. Now, a device once identified with the countryside is showing up in urban landscapes: the satellite dish."
Development
May 01, 2003
The latest rulings of importance to you and your practice.
Cooperatives & Condominiums
May 01, 2003
The latest rulings of importance to you and your practice.
Landlord & Tenant
May 01, 2003
The most recent rulings of importance to your practice.
Index
May 01, 2003
A complete listing of key cases appearing in this issue.

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