Tag Archives: domestic violence

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.

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A Divorce Court’s Primer on Requesting Sole Custody

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Alan R. Feigenbaum ●

New York Law Journal, August 21, 2024 —

Domestic violence in the post-pandemic era continues to be at the forefront of divorce practice. This author has written previously on the need—for the sake of the many victims—to expand our views of domestic violence beyond physical violence, as domestic violence can and does take many different forms.

One of those forms derives from the use of language in communications, be it by email, text message, or, as was the case in L.W. v. J.U., 2024 NY Slip Op 50879(U) (Sup. Ct. Westchester County, July 9, 2024) (Justice James L. Hyer), communications sent on the Our Family Wizard application “which is intended to serve as a mode of communication between parties involved in high conflict custody matters.”

In custody disputes, divorce lawyers may be asked by clients something along the lines of “under what circumstances can I get sole custody?”

A mere difference in parenting styles (e.g., Mom believes in “no screens” and Dad is more lenient with “screen time”; Dad prepares a continental breakfast for the children whereas Mom throws frozen waffles in the toaster for the children) is unlikely to warrant an award (or discussion) of sole custody.

To be in sole custody territory, the conduct of one of the parents needs to be closer to what a reasonable person would consider extreme such that it puts a child’s physical and/or emotional wellbeing in patent jeopardy.

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Divorce Law Ends 2023 on a High Note

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New York Law Journal, December 11, 2023 ●

Alan R. Feigenbaum ●

This author started off the New Year in January 2023 with an article showcasing a decision by the Honorable Jeffrey S. Sunshine that demonstrated excellence in the practice of matrimonial law.

As 2023 comes to a close, given the state of world affairs, I find myself searching for any remaining vestiges of humanity. If I have to return to matrimonial jurisprudence to find vestiges of humanity, so be it.

Against that admittedly bleak backdrop, which I do not believe is overstated considering what has transpired in our world over the last few months, I felt my confidence in the willingness and dedication of our courts to do what is right, and what is just, sparked by Judge Edmund M. Dane’s Nov. 14, 2023 decision in T.H. v. G.M., 2023 NY Slip Op 51267(U).

T.H. brings us back to the standards under which a divorcing person may seek temporary exclusive use and occupancy of a home, which results in the physical separation of parents during divorce. As a general matter (excluding cases involving alarming threats of harm/extreme emotional abuse) there must be competent proof of physical violence or damage to property to justify the remedy of temporary exclusive use and occupancy. Failing that, if one spouse has an alternative residence, and his/her return to the home would cause strife, the exclusive use remedy may also be available.

A restrictive view of domestic violence has regrettably permeated matrimonial jurisprudence into following a litmus test of sorts that asks this: does the person seeking the exclusive use remedy have a black eye, or something equivalent?

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