Russell Marnell will speaking at the National Business Institute’s Seminar on Thursday, May 3, 2012 at 9:00 a.m.
Hyatt Place, 5 North Avenue, Garden City, NY 11530
Practical Strategies for Handling Your Next Divorce:
Course Content
1. Tips and Techniques for Case Assessment and Vital First Steps 2. Filing for Divorce and Pretrial Motions 3. Strategies for Effective Use of Discovery 4. Child Custody and Visitation 5. Child Support and Spousal Maintenance 6. Valuation of Assets and Division of Property 7. Tax Consequences of Divorce 8. Mediation, Arbitration, Negotiation and Trial
Continuing Legal Education
CLE 7.20 – NJ CLE 7.00 – NY*
A Florida custody battle between two former lovers could change the law and the definition of the word “parent.” Nine years into their relationship, two members of the LGBT community decided they wanted to bring a child into their union. One partner donated her egg to be fertilized and implanted into the other. A child was born in 2004. By 2006 the relationship was over and the birth mother ultimately left Florida with the child. The egg donor, the biological mother, tracked down her estranged girlfriend and child in Australia. At trial, a Brevard County Judge ruled that the biological mother had no parental rights, citing current state law. A subsequent appellate court ruled that both women have parental rights. The battle has now found its way to the state Supreme Court, although there is no word yet whether the court will hear the case.
The issue is whether a 1993 Florida law written with sperm and egg donors in mind is constitutional and/or whether it applies in this case. Does the constitutional right to procreate also include new found technologies that make conception possible outside the body, in situations where it would not occur without scientific help? Does it matter that the two parents involved are of the same sex? Do members of the LGBT community truly have equal protection under current Florida law?
On May 3, 2012 Russell Marnell will be a guest speaker at the National Business Institute seminar on family law in Garden City, New York. He will address practicing attorneys on the the topics of child custody and visitation.
An article co-written by Russell I. Marnell and Scott R. Schwartz was published in the January 2012 issue of the New York Law Journal. The article concerned whether the 6-year statute of limitations on pursuing a breach of contact applies to divorce agreements.
http://www.marnelllaw.com/downloads/new-york-law-journal-jan-2012.pdf
Governor David Patterson recently signed a new law permitting unmarried partners, including gay couples, to adopt children together. The law simplifies the former process whereby each parent would have to adopt the child separately, which was a lengthy and costly proposition. The law also ensures that children get support, insurance and benefits from both parents.
Posted in Local News
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Tagged adoption
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The Passage of No Fault Divorce in New York
Up until now, New York was the only remaining state which required one spouse to establish grounds in order to obtain a divorce, absent the execution of a Separation Agreement. Thus, prior to the passage of the new law, in order for a couple to obtain a divorce without having signed a separation agreement, one spouse must have alleged, and demonstrated to the satisfaction of the Court, that there was fault by the other spouse such as adultery, abandonment, cruel and inhuman treatment, confinement in prison or constructive abandonment (lack of sexual relations for a year or more).
Under the new law, in addition to the previously-mentioned fault grounds, parties will be able to obtain a divorce if one of the spouses testifies under oath that the marriage has been irretrievably broken for a period of at least six months. However, all of the remaining issues in the divorce, including but not limited to custody, child support, property distribution, health insurance and maintenance must be decided prior to the marriage being terminated.
The bill also includes provisions relating to maintenance reform and counsel fees.
The Nassau Lawyer published an article entitled “Heather Still Has Two Mommies” co-written by Russell I. Marnell and Scott R. Schwartz. The article concerns a recent case in which the New York State Court of Appeals indicated that former same-sex partners can be “parents” of their former partner’s children, despite a lack of biologic or adoptive relationship.
Russell I. Marnell will be speaking at a seminar at the Long Island Marriott in Uniondale on Friday, September 24, 2010 on many Family Law matters. The seminar is geared toward attorneys and paralegals. More information can be found here: http://divorceattorneylongisland.dtopinc.com/wp-admin/post-new.php
June 17 2010 – Russell Marnell was interviewed on News 12 Long Island regarding New York State’s proposed no-fault divorce bill.
