Divorce Litigation Overview for the Non-Matrimonial Attorney: Roadmap Of A New York Divorce Action

For many non-matrimonial attorneys, matrimonial law seems distinct from other kinds of litigation. While there are rules and practices that are specific to matrimonial litigation, in New York, these cases are still governed by the New York Civil Practice Law Rules (CPLR) and the New York Codes Rules and Regulations (NYCRR). This program provides a roadmap for New York divorce litigation to highlight the ways in which matrimonial practice is, and is not, unique.

The course starts with a review of the consultation and retainer process, and the specific rules and obligations by which matrimonial attorneys are bound, and it ends with a review of the process for obtaining a Judgment of Divorce. In between, the course reviews the substantive financial issues raised in divorce litigation, the permissible discovery relating thereto, the best arguments for and against requesting a judge be assigned to the case, and a procedural review of the court proceedings.

Presented by Emily S. Pollock and Kelly A. Frawley, partners in the matrimonial and family law department of Kasowitz Benson Torres LLP, this discussion provides an informative overview of the procedural and substantive laws governing matrimonial litigation in New York.

Learning Objectives:

1. Review strategies and objectives for consulting with prospective divorce clients
2. Examine the procedural steps of a New York divorce proceeding
3. Identify benefits and drawbacks to filing an RJI
4. Provide an overview of the substantive financial issues
5. Understand the permissible scope and structure of discovery in divorce litigation
6. Survey the process for obtaining a Judgment of Divorce