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

(373 reviews)

Produced on April 06, 2017

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Course Information

Time 51m
Difficulty Beginner
Topics covered in this course: Family & Matrimonial

Course Description

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

Credit Information

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Emily Pollock

Kasowitz Benson Torres LLP

Emily S. Pollock is a partner with the matrimonial department of Kasowitz Benson Torres LLP, and has been practicing exclusively as a matrimonial attorney for the past nine years. Emily’s practice focuses on disputes involving divorce, equitable distribution, custody, visitation, child and spousal support, paternity and other areas of family and matrimonial practice, including representing individuals in drafting and negotiating prenuptial and post-nuptial agreements.

Prior to joining Kasowitz, Emily served as a law clerk to the Honorable Paul H. Anderson of the Minnesota Supreme Court and then practiced securities litigation as an associate with Gibson, Dunn & Crutcher, LLP. She obtained her J.D., magna cum laude, from the University of Minnesota Law School in 2002 and a B.A. in psychology from the University of Chicago in 1996.

Emily is on the legislation committees of both the New York Women’s Bar Association and the New York State Bar, Family law Section. She is recognized as a "Rising Star" in the 2014 edition of New York Metro Super Lawyers. Emily also has been quoted on matrimonial issues in various publications, including Essence Magazine, has appeared as a guest discussing prenuptial agreements on the podcast $mart Women, and co-authored the article, How Getting a Job Can Work for Your Client During Divorce, for Family Lawyer Magazine.

Emily lives in the Upper West Side with her son, Henry.

Kelly Frawley

Kasowitz Benson Torres LLP

Kelly A. Frawley is a partner at Kasowitz Benson Torres LLP where she has been practicing exclusively in the matrimonial and family law department since 2007.  She negotiates and litigates all aspects of matrimonial and family law including equitable distribution, maintenance, child support, custody and parenting time.

Prior to joining the firm, Kelly served as an Assistant District Attorney at the New York County District Attorney’s handling narcotics and firearms cases, including as lead counsel in fourteen felony trials from jury selection through verdict. 

Kelly is a co-chairperson of the Public Service and Education Committee and a member of the Executive Committee of the New York State Bar Association Family Law Section.

Kelly graduated St. John’s University with a Bachelor of Arts in Economics in 2000 and St. John’s University School of Law with a Juris Doctor in 2004. She was named by Super Lawyers as a Rising Star in Family Law in 2013, 2014 and 2015.

She resides on the Upper West Side of Manhattan with her husband.


Debora J.

Very enjoyable lecture

George P.

Very informative.

Thomas B.

Thank you!


Really nicely done

Deborah J.

Very informative

Crystal P.

I enjoyed both speakers. It’s been some time since I’ve practiced matrimonial law and this was a lot of information packed into a short lecture. While a lot of information was provided, it wasn’t overwhelming.

sharmela b.

Good course Done

Lauren C.

Very good

Jerold S.

knowledgeable, informed presenters

Michael G.

Excellent presentation.

Jaclyn C.


Robert P.

Very well done overview for those who do not practice in this area of law.

Taneem K.

Excellent material and instruction. Great speakers who seem knowledgeable in this area of law.


Very good

Michael A.

Very informative.

Elisa A.

Very practical advice. Good introductory information.

Karl O.

Good overview.

Ashley Renee E.

Great course

Jennifer M.

Fantastic overview, a great resource, and entertaining!

Sharmila N.

very good

Christopher C.

This video was entertaining and helpful for the beginner in divorce cases! Thank you.

Tara W.

These two were great!

Laury F.


Holly R.

Great presenters. Engaging and clearly familiar with the topic. Thank you!

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