Art As an Asset in Divorce
August 31, 2005
Death, divorce and debt" are the bread and butter of the art and antiques market, as every art world professional knows. Through good times and bad, these life cycle events frequently trigger sales and other transactions. With divorce, however, if emotions are not already present prior to filing papers, the process itself tends to intensify anger and mistrust between opposing sides.
Litigation
August 31, 2005
Recent decisions you need to know.
The Progressive Lawyer
August 31, 2005
In March of this year, in Part One of this article, we discussed the importance of the initial pendente lite application in introducing the parties to the judge and setting the tone for the balance of the case. The mandate that we provide judges with sound, hard evidence at the <i>pendente lite</i> phase -- in order to enable the courts to deal fairly with both sides pending the submission of final proofs -- was heavily stressed.
Country Club Membership? 'Priceless'
August 31, 2005
In wealthy communities, like Greenwich and Darien, CT, country club membership can take on momentous significance. Nevertheless, the question of whether club membership is marital property has not been settled. A recent case tackled the problem and left it unanswered.
False Allegations of Sexual Abuse in a Custody Case
July 28, 2005
In my experience as both a matrimonial and a criminal defense lawyer, the most difficult cases to handle are custody disputes involving false accusations of sexual abuse of a child. The overriding presumptions, that the child must be protected and that the alleged perpetrator is a source of danger to the child, coupled with multiple layers of civil and criminal litigation, require a unified theme with vastly different approaches to the various proceedings. This alone makes this type of case different from any other representation an attorney undertakes.
Litigation
July 28, 2005
Recent rulings of importance to you and your practice.
Dealing With Domestic Violence
July 28, 2005
Domestic violence cases are heard in the Superior Court of New Jersey, Chancery Division - Family Part, a court of equity. This is the same arm of the court that can restrain or force a person's actions under <i>Crowe v. Di Goia</i>, 90 N.J 126 (1982), terminate a marriage, award custody, order the payment of support, sell property, tell parents when they can see a child, and decide numerous other substantive issues that can dramatically affect a person's life.
Prominent Trial Lawyer Loses Support Fight
July 28, 2005
Recently, a prominent Georgia trial lawyer was ordered to pay his former paramour $6 million in child support payments. Willie Gary, whose law practice is based in Florida, claimed in court papers to have a net worth of $60 million. <i>Gowins v. Gary</i>, No. 2004CV88406. (Fult. Super. Ct., July 15, 2004). Gary is known in Georgia law circles for his representation of race discrimination plaintiffs against The Coca-Cola Co., and Centennial Olympic Park bombing victims suing Atlanta Olympic organizers. His Web site boasts of winning a $240 million verdict against The Walt Disney Co. in 2001 in an intellectual property theft case; a $139.6 million verdict against brewer Anheuser-Busch; and a half-billion-dollar verdict against the Loewen Group, a large Canadian funeral-home chain.
Life Insurance and Divorce
June 28, 2005
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement [PSA]: "The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three [3] children." There are many important decisions and considerations not addressed in a simplistic -- and typical -- clause like this, and practitioners need practical recommendations and advice on how better to address life insurance issues. This article provides both.
Divorce and the New Bankruptcy Law
June 27, 2005
Among the more arduous tasks for an attorney handling a matrimonial case is the negotiation of the financial aspects, primarily support and maintenance and the division and distribution of marital property. In many cases, exhaustive financial disclosure is necessary; evaluations of property are obtained and challenged, and months of negotiations and legal services result, finally, in a resolution of the financial issues.
