Chris Palermo by cjleclaire
Divorce,Family Law Attorney
Jan 05, 2016 | 2528 views | 0 0 comments | 28 28 recommendations | email to a friend | print | permalink

view as list
Spare Yourselves The Agony By Avoiding “Divorce the Hard Way”
by cjleclaire
Mar 09, 2017 | 4438 views | 0 0 comments | 310 310 recommendations | email to a friend | print | permalink

While no divorce is ever easy, some divorces are the epitome of divorce gone wrong. Rational thinking is absent and emotions become explosive. As the crazy side of yourself and your partner emerges, you find yourselves arguing over the “kitchen sink.” Maintaining a rational perspective can be difficult, and for this reason it is vital to hire a seasoned divorce lawyer. A divorce attorney will protect your interests and advise so you can listen to a voice of reason.

Divorce

Examples of Some Outrageous Divorce Entanglements

  • In an effort to avoid talking about clients or recognizable first hand experiences, I found some examples in the Huffington Post where couples lost a viable perspective. The following do a good job of making the point:
  • One couple argued for two hours over who would get the groceries left in the refrigerator. The value of the groceries was around $40 and the cost of the mediation time was about $1,000.
  • During mediation, a couple efficiently arrived at a settlement for dividing personal property, retirement accounts and real property within and hour and a half. They also agreed on a custody arrangement for their six-year old son. However, they then proceeded to spend four hours arguing about how to divide time spent with their dog, which finally resolved through working out a strict calendared schedule for holidays and precise pickup/drop-off times.
  • An estranged wife called the other parent’s employer repeatedly and alleged he had committed theft and other white-collar crimes in her effort to get him fired. At the same time, she had custody of their children and was demanding child support. Most people realize that child support is based on the parent’s income and that getting the parent fired would be counter-productive to collecting child support. Fortunately for her, the employer didn’t fire the husband.
  • In one divorce, pursuant to the settlement, the wife received a brand new Maserati. But out of hatred, the husband keyed the finish off of it and removed the tires. He also funneled money to his girlfriend to hide it from his wife so he could avoid having to divide it as marital property. However, the girlfriend broke up with him and kept the money.

Consult with an Attorney about Your Divorce

It is important to consult with a lawyer early on in a divorce case to avoid unnecessary entanglements. Don’t allow your emotions to get the best of you. Attorney Chris Palermo offers compassionate legal help and can help you protect their rights.

comments (0)
view/post comments
no comments yet

The Difference that Jurisdiction Could Make in a High Profile Divorce Case
by cjleclaire
Aug 25, 2016 | 8944 views | 0 0 comments | 423 423 recommendations | email to a friend | print | permalink

Different states and different countries have laws that can significantly affect the outcome of a divorce.

A prime example is a high profile case reported in the New York Post .Tracey Hejalian-Amon is the wife of a wealthy estranged husband, Swiss businessman Maurice Alin Amon. The couple has been married for eight years, and Hejailan-Amon has filed for her divorce with a Manhattan judge because she wants to have the case heard in New York.

Legal Residence

The couple has multiple residences, which are in Monaco, France, Switzerland and New York. Hejailan-Amon’s lawyer argues that she spends enough time in the New York apartment that it should be considered her legal residence.

Monetary Advantages of a NY Divorce over a Monaco Divorce

The main reason for filing in New York is the legal advantage of trying the case under New York divorce laws over trying based on Monaco divorce laws. Under Monaco divorce laws, spouses can take back the gifts that they gave to the other spouse during marriage. The gifts that Hejailan-Amon received included a $15 million Fifth Avenue apartment, jewelry, cars, art and furnishings, totaling in value around $70 million. Under NY divorce law, the $25 million art collection the couple acquired during marriage would likely be considered community property and be subject to property division.

In addition to keeping the gifts, Hejailan-Amon is seeking $235,000 a month in alimony.

In a case involving considerable assets, establishing the jurisdiction where the case is heard may be one of the most important legal strategies involved in the case. The Manhattan judge said she would rule within 60 days on whether the divorce could proceed in New York.

If you face issues regarding divorce or have questions about various legal strategies, Attorney Chris Palermo will be glad provide you with reliable legal guidance and help you make informed decisions.

comments (0)
view/post comments
no comments yet

Can a Party in a Divorce Case Sue a Judge?
by cjleclaire
Aug 15, 2016 | 7882 views | 0 0 comments | 326 326 recommendations | email to a friend | print | permalink

Suing a judge occurs rarely, but does happen. In 2015, the judge presiding over a NY divorce case sanctioned an attorney who represented himself in the divorce case. Recently, the attorney filed a lawsuit against the judge and sued for damages.

Details of the Filing

The New York Law Journal reported at the end of July that Anthony Zappin, a former associate of Mintz Levin Cohn Ferris Glovsky and Popeo, filed a lawsuit against a Manhattan judge who imposed a $10,000 sanction on him for misconduct during his divorce case.

  • Zappin alleged that the judge:
  • Maliciously and knowingly made and publicized false statements and vicious personal attacks against him
  • Engaged in extrajudicial conduct to maximize publicity of false statements and harm him by sending copies of the sanctions to the media, including the New York Law Journal, New York Post and New York Daily News
  • Recited allegations as facts without affording him a hearing
  • Made false and defamatory statements that he pulled out of the air in the sanction decision

The day the press coverage was released, Zappin was fired from his position as associate at the law firm and suffered significant damages including loss of future earnings potential and denial of a fair trial on custody of his son.

Judge Recusal

Judges bear the responsibility to be fair and impartial when presiding over a case. If a party in the case believes the judge is unable to be fair and impartial, several means of recourse the party can take is to request that the judge recuse himself or move to have the judge recused from the case.

In a lawyers.com article, examples given as reasons for recusal include:

  • Bias or prejudice concerning a party or attorney
  • Judge’s personal knowledge of disputed facts
  • Judge’s relationship to a party of attorney
  • Judge or judge’s family member’s economic interest in the case

It remains to be seen what the court will decide in the lawsuit brought against the judge.

If you have questions about divorce or family law litigation, Attorney Chris Palermo will be glad you answer your questions and advise the best course of legal action.

 

comments (0)
view/post comments
no comments yet

How Far Do Privacy Rights Stretch for a Child’s Safety?
by cjleclaire
May 17, 2016 | 12011 views | 0 0 comments | 349 349 recommendations | email to a friend | print | permalink
A father recorded a conversation between his son and his ex-wife’s live-in boyfriend. Later on, when he turned in the recording as evidence, the boyfriend’s attorney challenged the admissibility of the recording, calling it illegal eavesdropping.

According to ABC News, the boy was five years old and the father decided in good faith that recording the violent conversation he was overhearing was necessary for his son’s protection. Months later, on when neighbors called the police because they heard screaming and crying, the father turned in the evidence. Authorities arrested the live-in boyfriend, Anthony Badalamenti, and he was convicted of child endangerment, assault and weapon possession.

The ruling set a precedent for parents being able to eavesdrop on their children when it is done in good faith for the child’s protection.

However, the judge in the case cautioned about certain limitations, including:

  • Age and maturity of the child when considering eavesdropping
  • Not using it as an excuse for illegal wiretapping
  • Not eavesdropping as a parent when doing so in bad faith

The ruling does not establish whether a parent can eavesdrop when an older child explicitly refuses to allow it during conversations with the other parent.

This case appears to set a broader precedent about parental eavesdropping than a similar earlier case. An earlier court ruling from a Brooklyn judge allowed evidence from a mother who placed a recorder in her autistic son’s backpack due to suspected abuse by his bus matron.

It will be interesting to see how New York case law develops regarding parents who eavesdrop on children.

If you have questions about whether to record events involving your child, discuss your concerns with attorney Chris Palermo https://thesuffolkdivorcelawyer.com. He will be glad to answer your questions and provide you with effective legal guidance.

 

 


 

comments (0)
view/post comments
no comments yet

Press Agents—Foot Soldiers in Celebrity Divorce Wars
by cjleclaire
Jan 05, 2016 | 14961 views | 0 0 comments | 381 381 recommendations | email to a friend | print | permalink

How Celebrities Win and Lose at Divorce

For regular folks, divorce is mostly won or lost in the courtroom, or in legal proceedings. But for celebrities, it’s a completely different playing field. As some of the high-profile divorce cases from 2015 demonstrate, it can be mostly about perceived image, and it can appear to be highly orchestrated.

Take the case of Ben Affleck and Jennifer Garner. Though both parties repeatedly claimed that they had nothing to report and supposedly asked reporters to “respect their privacy,” they routinely appeared in public with their children in situations where they knew they would get press coverage. In fact, inside sources say that they intentionally collaborated with gossip magazine sources. Most believe that People Magazine intentionally downplayed early signs of trouble in exchange for the exclusive right to be the first to go public with the news.

With the divorce of country music stars Blake Shelton and Miranda Lambert, both had press agents who continually released information to various rumor mills, alleging infidelity by the other party. The intensity of the rumors forced Lambert’s bandmate, Chris Young, to make a public statement denying any relationship with the singer. Rumors then started, presumably fed by press agents for Lambert, that Shelton was “seeing” The Voice co-star Gwen Stefani. What better way to increase viewership at the beginning of a new season, according to many.

Even as the hubbub subsided, Shelton and Stefani added fuel to the fire by having their picture taken holding hands at a CMA Awards party. Just minutes before the CMA Awards program began, the two (Shelton and Stefani) had their press agents announce that they were dating. Since then, the two have been splashed across the gossip magazines, which insiders say is strictly for the purpose of showing that Shelton came out of the breakup on top, and that Lambert was left holding the bag.

Contact an Experienced New York Divorce and Family Law Attorney

At the law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page. For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.

comments (0)
view/post comments
no comments yet