Tag Archives: divorce litigation

STI Transmission & Divorce: A Form of Domestic Violence

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Alan R. Feigenbaum ●

New York Law Journal, January 22, 2026 —

This author has written before, and will write again, that domestic violence takes many forms that go beyond the proverbial black eye.

Infidelity and sexually transmitted infections (“STI”) are two topics that are not foreign to the annals of marital discord. These topics confront divorce lawyers on a recurring basis. How these issues can interact with the Equitable Distribution Law is addressed in the recent decision of Justice Edmund M. Dane in N.S. v. T.S., 2025 NY Slip Op 51897(U) (Sup. Ct., Nassau Cty.).

Justice Dane’s decision in N.S. holds that the transmission of an STI by one spouse to another spouse constitutes a form of domestic violence.

In N.S., the parties were married in 2019, and have one child together, also born in 2019. The husband is currently serving a term of incarceration at Mohawk Correctional Facility in Rome, New York.

There are many facets of the N.S. case, however this article will focus exclusively on the issue of the husband’s transmission of an STI to the wife, and how that can impact equitable distribution.

Read more on our website.

Divorce Law and Civil Procedure: The Dynamic Duo

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Alan R. Feigenbaum ●

New York Law Journal, December 11, 2025 —

For the lawyers out there, when you graduated law school, did you know what the terms “with prejudice” or “without prejudice” meant? I did not.

I do recall reading cases on “res judicata” and “collateral estoppel” in Civil Procedure class; however, both concepts were taught in such an amorphous manner it was hard to understand what they meant, in practice.

The Honorable Aaron D. Maslow’s recent decision in M.H. v. S.A., 2025 NY Slip Op 51713(U) (Sup. Ct., Kings Cty. 2025) explains all of these concepts in a manner that provides clarity. The decision also addresses New York City’s Gender-Motivated Violence Act (GMVA), which to my mind is relevant to the practice of divorce law.

In M.H., the parties started a romantic relationship in 2008. They began living together in 2010 and registered as domestic partners. They share one child born in 2013.

The plaintiff-mother alleged that the defendant-father engaged in “escalating controlling and abusive behavior” including “yelling, blocking her movements, and physically restraining her.” In one instance, the mother alleged that the father “screamed at her until she lost consciousness” and that he “monitored her communications” and “accused her of ‘whoring around’ when she was with her male friends.”

After their child was born, the parties relocated from New York to Massachusetts where they both worked for MIT. There, the mother alleged that the father “controlled their joint finances, threatened her about losing her job, and later defunded her position.”

The decision recounts several other alleged incidents of abuse, in multiple states, including one incident where the father allegedly “dragged their child by the hood of a jacket” in March 2016, followed by pushing the mother onto a bed and choking her in December 2016, and then another incident in June 2018 when the father allegedly confronted the mother “about a custody agreement and physically restrained her when she refused to sign it.”

Read more on our website.

Attorney Spotlight: New York—Norman Heller

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Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of my revered New York City colleagues in Blank Rome’s Matrimonial & Family Law group, Norman Heller.

Norman S. Heller
Partner

A graduate of Haverford College and Boston University School of Law, Norm has been practicing law for over 40 years and does incredible work for his clients. Before entering the world of matrimonial law, Norm worked as an appellate attorney and later a trial lawyer in the Brooklyn District Attorney’s Office, handling various felony cases and matters while making a name for himself in the profession. Norm then began to practice matrimonial law, where he found himself representing clients in complex divorce, custody, and equitable distribution matters in the states of both New York and Connecticut.

As a lawyer, Norm is and always has been the consummate professional. No matter the situation or client he is working with, Norm is the pinnacle of how a lawyer should conduct him or herself. Norm treats his clients and fellow lawyers with respect, always exuding confidence, and maintains his reputation for fairness with a good nature, even in the heat of a difficult legal battle.

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Protecting Children’s Safety: The Divorce Court’s Awesome Power

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New York Law Journal, November 2, 2023 ●

Alan R. Feigenbaum ●

In 2016, ESPN’s 30 for 30 series released “Doc and Darryl,” a documentary profile of the former New York Mets legends Dwight “Doc” Gooden and Darryl Strawberry.

In that documentary, Bob Forrest—identified as an addiction specialist—delivers the following, harrowing words on the issue of substance abuse: “In the end, if you don’t realize how $%@! up you are being a drug addict, you’re probably going to keep $%@! up.”

Outside of divorce practice, some of us have lived the terribly sad experience of trying to help someone who succumbs to substance abuse who does not himself/herself come to the realization that Forrest spoke of in Doc and Darryl.

As divorce lawyers, many of us have crossed paths with this phenomenon as well, which often times manifests itself in the form of a client who, despite handwriting on the wall type evidence of a substance abuse problem, remains adamant that “there is nothing wrong with me.”

When children of divorce find themselves in a situation where one, or both parents, suffer from substance abuse problems, trial judges in matrimonial cases are faced with the daunting task of establishing appropriate protocols to ensure that those same children are kept safe.

Such was the case in the matter of SG v. MG, NY Slip Op 51063(U) (Supreme Court, Nassau County, Oct. 5, 2023) (Dane, J.), where the court had to confront how to address a party’s continued use of Adderall in the context of safeguards surrounding access with the parties’ children.

Read more on our website.

Attention New York Divorce Lawyers: Learn Insurance Law

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New York Law Journal, October 4, 2023 ●

Alan R. Feigenbaum and Marilyn T. Sugarman* ●

By a show of hands, how many matrimonial lawyers practicing in the state of New York have heard of the “Age 29 Law”? Anybody? We didn’t think so. Neither of these authors had ever heard of it either.

All of that changed, however, on July 27, 2023, when the Appellate Division, First Department, issued its decision in B.D. v. E.D., 2023 NY Slip Op. 03971.

Before exploring the facts of B.D. v. E.D., we must understand, as best we can, the contours of the Age 29 Law which was enacted almost 15 years ago.

As we are living in a time where, sadly, reading has become passé, rather than dig into the annals of insurance law texts, we elected to find out what the Age 29 Law is through—what else—a Google search.

In order to obtain health insurance coverage under a parent’s policy pursuant to the Age 29 Law (L 2009, ch 240) the “young adult” must satisfy certain criteria: (1) be unmarried; (2) be 29 years of age or under; (3) not be insured by or eligible for comprehensive health insurance through his/her employer; and, (4) live, work or reside in New York State or the geographic area of the health insurance company’s service. In addition, the parent must be covered under the applicable policy, or, pursuant to a right under COBRA or state continuation coverage law. We note that the “young adult” does not have to reside with either parent, be financially dependent on either parent, or be a student.

At issue in B.D. was the mother’s 2022 motion to direct the father to pay for continued medical insurance coverage under the Age 29 Law for the parties’ then 26-year-old daughter until she turned 29. At the trial court level, the Honorable Ariel D. Chesler denied the mother’s motion, and the mother appealed.

Read more on our website.

*Marilyn T. Sugarman serves as special counsel at The Mandel Law Firm.

Daughters of Divorce Must Pay Sorority Expenses—Sometimes

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New York Law Journal, September 1, 2023 ●

Alan R. Feigenbaum ●

Do you, in 2023, believe that you have your finger on the pulse of what it means to go through the process of sorority “rush”?  If your answer is “no,” head on over to the immersive world of #bamarush, #bamarushtok, #bamarushtok2023 and/or #RushTok.

Give yourself 5 to 10 minutes observing the lengths to which sorority rushers prepare for the rush experience, not to mention the lengths to which parents bury social media with this TikTok and that TikTok about how they are lending a helping hand in filling their daughters’ rush “bags.”

Data on the cost of being in a sorority varies; you will find some outlets claiming that, for example, it costs students more than $4,000 per semester to belong to a sorority at the University of Alabama. Other outlets show that cost to be between $7,465 and $9,445 at the same university. A general range of costs can also be found on the internet, suggesting $1,000 to $4,750 per semester. In any event, to be blunt, sorority expenses are not cheap.

Which brings us to this question: in a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano’s decision in C.A.B. v. D.S.B. (Family Court, Nassau, NYLJ 7/11/23), for guidance.

Read more on our website.

Deposition Skills 101: A Lawyer’s Behavior Matters

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New York Law Journal, August 3, 2023 ●

Alan R. Feigenbaum ●

There is a line at the tail end of Francis Ford Coppola’s The Rainmaker that regrettably carries meaning in the profession of law, year after year. That line, delivered by “Rudy Baylor” (played by Matt Damon), was as follows:

“Every lawyer, at least once in every case, feels himself crossing a line that he doesn’t really mean to cross. It just happens. And if you cross it enough times, it disappears forever. And then you’re nothing but another lawyer joke, just another shark in the dirty water.”

This author started taking and defending depositions in the early 2000s. My training was laser-focused on the content of the questions, witness preparation, and above all else, the insatiable—and short-sighted—quest to box in the witness to the point where a “gotcha” moment is achieved and you can pat yourself on the back for being the second coming of Perry Mason.

Absent from my training was a discussion about how a lawyer should behave himself or herself at deposition, and why that behavior is relevant. Can you recall a deposition skills training course, be it a CLE or otherwise, where you were taught about the implications of your behavior?  I cannot. Any lawyer that has taken or defended depositions has likely received an education in how to behave (and not behave) at deposition.

Read more on our website.

Adjournment Requests in Divorce Litigation: Be Kind

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New York Law Journal, July 17, 2023 ●

Alan R. Feigenbaum ●

Founded by a Marine in 2017, the “Til Valhalla Project” has donated over $1 million to #Mission22 as part of the fight against veteran suicide. This year, the project rolled out a simple message: “Be Kind.” The foundation of the message is straightforward: “With each kind act, we make the world a little bit better.”

On the subject of kindness, we turn to requests for adjournments in matrimonial practice. Requests for adjournments from your opposing counsel (also known as your adversary) are a routine occurrence. Sometimes you may have double-booked. Other times, you might find yourself overwhelmed on one matter and in need of an adjournment on another matter. Or, you might request an adjournment so that you do not miss a milestone involving a family member. And then, there are those times that a request for an adjournment is made for personal reasons, be it due to issues of physical, or mental health.

The question becomes whether and under what circumstances do you, as the recipient of the request for an adjournment, say “yes” or “no.” Once again, no training was provided to us in law school on how to answer this question.

Read more on our website.

Attorney Spotlight: Los Angeles

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Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of my Los Angeles colleagues—Pauline Martin. Pauline has more than two decades of litigation experience, handling all areas of family law, as well as a range of clients’ other legal needs. Her commercial litigation experience, especially in partnership dissolution and employment-related matters, adds a unique perspective to her family law practice. Please enjoy learning more about her.

Pauline M. Martin
Of Counsel

Pauline M. Martin is a relentless litigator who focuses on passionate advocacy for the families she represents so they can move their lives forward with dignity, security, and grace. Pauline took a circuitous route to the practice of family law, beginning her legal career as a commercial litigator with time at national law firms as well as aggressive boutique litigation firms before taking some time away from law firm life as a new mom. She also helped develop a groundbreaking insurance program, which covers the risk of paying an adversary’s attorneys’ fees in a contract dispute. The product was hailed by the legal community as a “game changer” in contract litigation and was eventually sold to a publicly traded insurance carrier.

After her then-three-year-old son suggested she go back to work so he could stay for afternoon pre-school with his friends, Pauline found a new professional home practicing family law with Stacy Phillips. Pauline has developed a passion for resolving the intimate issues of custody cases, where her background as a general litigator has been an asset as she crafts specialized and sophisticated solutions to each client’s unique issues and family needs. Pauline acts practically to find common ground with the opposing party without resorting to the kind of knee-jerk scorched earth litigation tactics that she believes many times do more harm than good. She also uses her skill and tenacity to fight in court when necessary to advance the goals of her clients when it is clear amicable resolution is no longer an option.

Perhaps Your Biggest Asset Following Divorce: The Bank Account of Emotional Capital

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Alan R. Feigenbaum

A necessary part of every divorce action is financial disclosure in the form of a “Statement of Net Worth,” in which a client details their assets, liabilities, and monthly expenses. When clients send the form back, we attorneys are laser-focused on whether each and every asset and liability has been disclosed: bank accounts, business interests, real estate, whole life insurance, loans, mortgages, etc.

What you will not find on any Statement of Net Worth is what I have come to call the Bank Account of Emotional Capital. I’m sure you’re wondering how we go about defining this mysterious, intangible asset. Very simply: what you have in this invisible but quite essential account represents your ability to transition to the next chapter of life—after divorce.

Each divorce case is unique. Everyone’s familial circumstances are unique. There will always be divorce cases that do not lend themselves to a resolution prior to trial. That said, in many divorce cases, the time will come when the attorney can see an “Exit” door for their client, meaning a path to resolving the dispute, well before trial is on the horizon. When that happens, the opportunity to make a sizeable deposit to a client’s Bank Account of Emotional Capital is there for the taking. Continue reading →