This is the First 'exhibit' from my article on Contested Divorces: Using Family Court to your client's advantage. This letter was sent to my client from her original law firm informing her that her husband had been personally served with the divorce papers.
Unfortunately, her original law firm only met with her for 1 hour (and she paid them $8,000), so she did have any idea of what was to happen next in the divorce process.
Second Exhibit from the article on 'Contested Divorces: Using the Family Court to your client's advantage: this is the Affidavit of Service showing that the husband of my client was personally served on May 3, 2012 with divorce papers. Once my client hired me and I saw that her original law firm had filed the divorce case, I immediately withdrew the divorce case from the Supreme Court, then I filed her Petition seeking sole custody of their children in the Family Court.
Third Exhibit from my article on 'Using the Family Court to your client's advantage: this is a Notice of Appearance and it is normally the very first document that the attorney representing the defendant will file with the Court. Before I could withdraw her previously-filed divorce case, I had to first 'appear' by filing this document. Filing this document is necessary in order for the Court to officially recognize any lawyer as representing any particular litigant.
This document was filed on June 11, 2012 and I withdrew her divorce case on that same day.
This document was filed on June 11, 2012 and I withdrew her divorce case on that same day.
Fourth Exhibit from the article on 'Using Family Court to your client's advantage': this document informs the court that a new lawyer is now representing a litigant that had been previously represented by some other lawyer. It's called a 'Consent to Change Attorney' form that my client signed stating that I was now her attorney. I had to file this document first before I was able to withdraw the divorce case from the Supreme Court.
Fifth Exhibit from the article on 'Using the Family Court to your client's advantage': here is the document that officially withdrew her divorce case. In essence it is an Affidavit signed by her, but I did not need to have her sign it. As her attorney, I could have filed my own 'Affirmation' stating that I was authorized to withdraw her divorce case. But I asked her to sign it in order to show that I had her consent to withdraw the divorce case.
Sixth Exhibit: here is the receipt for the payment of the $35 fee that is required anytime a lawsuit in the Supreme Court is withdrawn. This was also paid on June 11, 2012 when I withdrew my client's divorce case.
Seventh exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired mailed me this document in June, 2012. This document is dated June 8, 2012 (on the next page, see the next attachment) but as of June 11, 2012 when I officially withdrew her divorce case from the Supreme Court, the husband's lawyer had NOT yet filed this document with the Court.
This is what permitted me to withdraw my client's divorce case. If the defendant spouse does not officially 'appear' in your divorce case (Supreme Court), the plaintiff, through her attorney, can withdraw that divorce case 'without prejudice.'
Eighth Exhibit, which is the Second page of the Notice of Appearance that the lawyer representing the husband of my client mailed me. It is dated June 8, 2012 but I did NOT receive it on June 8. Even more importantly, this document was not filed with the clerk of the Supreme Court on June 11, 2012, the day that I withdrew my client's divorce case.
Ninth Exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired is highly regarded and has been invited by the NYS Bar Assoc. to speak at their lectures in the area of divorces a/k/a 'matrimonial law.' The next attachment shows the inside of this pamphlet where all the speakers' names are listed; his lawyer spoke at this lecture from 2013. All in all there were less than 35 speakers in total who were invited by the NYS Bar Association to speak on five (5) separate occasions across New York State on this topic.
Tenth Exhibit: the lawyer that the husband of my client hired is listed under the 'Program Faculty.' If you read the article that I wrote, my client's own father paid for this lawyer to represent his son-in-law (married to my client). The article that I wrote on Wed., Jan. 7, 2015 explains why my client's father went to this length to foil her plans to get divorced.
Eleventh exhibit: this is another NYS Bar Assoc. lecture that the lawyer who represented the husband of my client spoke at. The lawyer that I am referring to is highly regarded because this lawyer is a regular speaker at these lectures that the NYSBA offers.
12th exhibit: the lawyer that represented the husband of my client is listed under the 'Program Faculty.'
13th Exhibit: here is the certified mail receipt showing when my client's Petition seeking sole custody of her children was filed in the FAMILY COURT, after her divorce case was withdrawn by me. The clerk signed for the mailing on June 18, 2012.
It IS possible to file a Petition in the Family Court, so long as you have filled out the paperwork correctly and have sent in the correct # of copies. If you have been divorced and are taking your ex-spouse to the Family Court, you must include a copy of the Judgment of Divorce. The # of copies that you are required to mail in varies from county to county.
It IS possible to file a Petition in the Family Court, so long as you have filled out the paperwork correctly and have sent in the correct # of copies. If you have been divorced and are taking your ex-spouse to the Family Court, you must include a copy of the Judgment of Divorce. The # of copies that you are required to mail in varies from county to county.
14th Exhibit: this is the first page of my client's Petition seeking sole custody of her children, filed in the Family Court and stamped by the clerk. See the clerk's stamp
towards the upper right side. The next exhibits will show how fast my client and I were assigned the first date to appear in the Family Court. It would NEVER have been as fast in the Supreme Court where the divorce case was filed (by my client's former lawyer).
towards the upper right side. The next exhibits will show how fast my client and I were assigned the first date to appear in the Family Court. It would NEVER have been as fast in the Supreme Court where the divorce case was filed (by my client's former lawyer).
15th Exhibit: this is the last page of my client's Petition seeking sole custody that was filed in the Family Court.
16th Exhibit and easily 1 of the most important for the article on 'Using the Family Court to your client's advantage: this is the First Notice to Appear for the Family Court case that I filed for my client. Look at the date, it was processed on June 20, 2012 and the first court date was scheduled for July 10, 2012!
Let me tell you, nothing but nothing in the Supreme Court ever happens that quickly (unless some kind of emergency 'Motion' is filed alongside the commencement of the divorce case, which really does not happen that often).
This document here perfectly illustrates my point that the Family Court, in whatever county/borough you live in, wlll ALWAYS schedule a new case faster than the Supreme Court will do (for a divorce case). It was also a great blessing that this case was assigned to the best and most efficient judge in the entire Family Court bldg that this case was filed in, a lovely judge who has since retired.
This document here perfectly illustrates my point that the Family Court, in whatever county/borough you live in, wlll ALWAYS schedule a new case faster than the Supreme Court will do (for a divorce case). It was also a great blessing that this case was assigned to the best and most efficient judge in the entire Family Court bldg that this case was filed in, a lovely judge who has since retired.
17th Exhibit: after our first court appearance in the Family Court, this Temporary Order was prepared by me and presented to the Family Court for signature. This Temporary Order does not grant my client (the wife) the physical custody of the children that was seeking, but basically 4 months later (in 2012), the entire custody and visitation case was over and she was awarded sole residential custody And 'final say' in all matters relating to legal custody. These provisions constitute a complete victory for the custodial parent because even though 'shared legal custody' means that both parents must consult with each other regarding all major decisions regarding the children (educational, religious upbringing if any, medical, health and general welfare), the 'Final Say' would always remain with my client and be hers to make.
The ex-husband would not be able to block her.
The ex-husband would not be able to block her.
18th Exhibit: this is the 2nd page of the Temporary Order that I typed out and the Court signed without any objection from either the 'attorney for the children' or the lawyer who represented the husband of my client. When both parties are represented by respective attorneys, the Court normally requires that 1 of the lawyers types up and files with the Family Court a proposed Order that reflects what the parties have agreed to OR what the judge has ordered must take place.
19th Exhibit: this is the last page of the First Temporary Order from the Family Court case regarding custody and visitation. I filed it on Aug. 10, it was signed on Aug. 13 by the judge, and I probably received it in the mail 1 or 2 days after.
20th Exhibit: in the cases where I have filed a Petition seeking custody for my client in the Family Court (or any other Petition that relates to an area that is in dispute and would normally be made a part of the divorce case by most other lawyers), the other lawyer normally 'retaliates' by filing a divorce case immediately in the Supreme Court. Therefore, I was not surprised to see that the husband's lawyer filed an entirely new divorce case and served my client (while she was at the public pool, no less). Once the new divorce case was filed, I had to file this 'Answer.'
Please note that from the filing of the brand-new divorce case (in the Supreme Court) until the end of our case in the FAMILY Court, there was not 1 conference in the Supreme Court that was requested by either me or the husband's lawyer. In other words, the parties and their lawyers were Not running from court to court and missing 'double time' for both cases. It is my experience that when I get to file First in the Family Court in order to hasten my client's divorce case, the lawyer for my client's spouse absolutely DOES NOT try to push the divorce case along at the very same time.
Please note that from the filing of the brand-new divorce case (in the Supreme Court) until the end of our case in the FAMILY Court, there was not 1 conference in the Supreme Court that was requested by either me or the husband's lawyer. In other words, the parties and their lawyers were Not running from court to court and missing 'double time' for both cases. It is my experience that when I get to file First in the Family Court in order to hasten my client's divorce case, the lawyer for my client's spouse absolutely DOES NOT try to push the divorce case along at the very same time.
21st Exhibit: this the 2nd page of the 'Answer and Counterclaim' that I filed. Remember that if your client sues you for divorce, you can absolutely file a Counterclaim and sue him/her right back, also for divorce! This way you might wind up 'taking the divorce' at the very end of the case.
22nd Exhibit: this is a continuation of the Counterclaim that i filed (along with my client's Answer) in the brand-new divorce case that the lawyer representing the husband of my client filed, After I discontinued the original divorce and immediately filed her Petition seeking sole custody in the Family Court.
23rd Exhibit: this is the last page of the 'Answer and Counterclaim' that I filed on my client's behalf in the newly-filed divorce case.
24th Exhibit: this is the 'Notice of Entry' that I filed along with the First 'Temporary Order Regarding Parenting Time' that was signed by the Judge in our Family Court case. The filing of an 'Order with Notice of Entry' is the document that starts the clock running on the time in which the 'losing party' has in which to appeal the Order.
Remember how I after I withdrew my client's divorce case, I then filed this Petition in the Family Court in early June, 2012, then it was processed by the Family Court in mid-June, 2012, then we were given our first court date in July, 2012, then the judge signed the very first Temporary Order in the Family Court case in Aug., 2012? I am telling you that NOTHING happens this quickly in the Supreme Court, not in divorce cases and not in any other type of lawsuit that is filed in the Supreme Court.
Remember how I after I withdrew my client's divorce case, I then filed this Petition in the Family Court in early June, 2012, then it was processed by the Family Court in mid-June, 2012, then we were given our first court date in July, 2012, then the judge signed the very first Temporary Order in the Family Court case in Aug., 2012? I am telling you that NOTHING happens this quickly in the Supreme Court, not in divorce cases and not in any other type of lawsuit that is filed in the Supreme Court.
25th Exhibit: this is the actual TRIAL SCHEDULE that our judge in the Family Court (for the custody and visitation case) set down for all the parties back in Sept., 2012. The date on this Notice to Appear (bottom left hand corner) is Oct. 18, 2012, but we had already been assigned this schedule leading up to trial in Sept., 2012.
The judge that our case happened to be assigned to (she is now retired) was great at getting to the bottom of each case and sniffing out the strengths and weaknesses of each party/parent. Therefore, she did not believe that the expensive, mind-numbing process of 'forensics' was necessary, which was why this case was pushed forward so quickly. The parties would up settling on the eve of Dec. 3, 2012, which would have been the first day of trial.
Keep in mind that the very First Time that we even appeared in the Family Court for this case was in July, 2012. You will never see this kind of swiftness in the Supreme Court for a divorce case.
The judge that our case happened to be assigned to (she is now retired) was great at getting to the bottom of each case and sniffing out the strengths and weaknesses of each party/parent. Therefore, she did not believe that the expensive, mind-numbing process of 'forensics' was necessary, which was why this case was pushed forward so quickly. The parties would up settling on the eve of Dec. 3, 2012, which would have been the first day of trial.
Keep in mind that the very First Time that we even appeared in the Family Court for this case was in July, 2012. You will never see this kind of swiftness in the Supreme Court for a divorce case.
This is the first page of the Final Order a/k/a Stipulation of Settlement that resolved all the issues having to do with the parties' custody and visitation of their children. As you can see, I forgot to 'black out' Judge Phillips' name, but so be it. She was a pleasure to practice law in front of and she is/was an excellent example of what an outstanding 'matrimonial law' judge should be: pro-active, smart, fair but tough and always no-nonsense.
Second page of the parties' agreement regarding custody and visitation. This written language is all my work. When either a Family Court case or divorce case settles, there is no set law or rule as to which lawyer will write the final written agreement. Since I had written the first two (2) 'Temporary Orders' in this case, I offered to write the final Stipulation of Settlement' and my client was fine with it.
I have learned that I can finish writing this document and send it to my adversary for his/her commentary on my draft faster than most lawyers can. I guess I do this by working very long hours.
I have learned that I can finish writing this document and send it to my adversary for his/her commentary on my draft faster than most lawyers can. I guess I do this by working very long hours.
Third page of the parties' final agreement on the issues of custody and visitation.
Page 4 of their final agreement, often called a 'Stipulation of Settlement' in New York courts.
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