Same Sex Marriage Will Not Be Retroactive Under New York law

    On January 6, 2016, the Appellate Division of the First 
Department, ruled that same sex marriage is not retroactive under New York law. The panel of Appellate Division 

issued its unsigned decision in the case  Estate of Mauricio Leyton, 4842/13A/B.   The panel of the Appellate Division of the First Department, affirmed the decision of Manhattan Surrogate Judge Nora Anderson that a 2002 "commitment ceremony" between Mauricio Leyton and David Hunter could not qualify as a marriage under New York's Estate Powers and Trusts Law. The couple separated separated in 2010.  In 2011, the State of New York legalized same sex marriage. Prior to his death in 2013, Mauricio Leyton did not change his will that stated that David Hunter was a 50 percent beneficiary of his estate and the executor of his estate.   "Even after 2011, when same-sex marriage was legalized in New York, decedent and Hunter took no steps to obtain any judicial decree declaring an end to their union," said the panel. The panel of the Appellate Division stated that the EPTL required the divorce to be effected by a judicial decree.

YouTube Divorce or Divorce By YouTube - Tricia Walsh Smith

First there was the Dramatic Chipmunk and now there is a new YouTube Superstar, her name is Tricia Walsh Smith.

Make no mistake the YouTube Divorce rant of Tricia Walsh Smith made her an overnight Internet Celebrity and broke new ground in just how significant YouTube can be in spreading a person's opinion around the world. Within a week of posting her video on YouTube, she received over 200,000 hits and appeared on MSNBC, ABC, CBS, CNN, Fox, and was cited in mostof the major newspapers. Comedians and popular late night talk show hosts such as Jimmy Kimmel made reference of her Youtube video, it should be noted that this is no laughing matter for Tricia Walsh Smith and her husband Phillip Smith.

Tricia Walsh Smith may soon learn that her sudden fame and YouTube Celebrity status may come at a high price. Her public remarks may just also impact her pending divorce. Additionally, a New York the judge may use their discretion to assess her personal judgment. It is my humble opinion that most judges disapprove of divorce by YouTube. In fact, it is hard to imagine that any judge would approve of a spouse making public comments about private matters in an ongoing divorce action being broadcast before the entire world. The words that she used to describe her husband may also be used in a defamation suit. Her husband was not the only target of her rage, she also targeted family members and mentioned matrimonial lawyer, Norman Sheresky, a partner in the matrimonial law firm Sheresky Aronson Mayesfsky & Sloan. Famed divorce attorney, Raul Felder, will be representing Ms. Walsh Smith in her divorce against her Broadway producer husband Phillip Smith, the President of the Shubert Group, the largest Broadway theater producing company. Felder stated that his client was "acting out of passion."Prior to her marriage, Ms. Walsh Smith was an aspiring actress and playwright ("Bonkers") in London. This private affair seems to be transforming itself into a reality television show as Ms. Walsh Smith has her own ongoing YouTube like soap opera channel in which she uploads new videos with her remarks on her private life.

New York Divorce Law Basics: Choosing An Attorney vs. Do It Yourself

Finding Your Attorney vs. DIY
There are many self-help books, free legal information websites, non-profit organizations, and for profit companies that offer DIY (do-it-yourself) no cost or low cost solutions and advice on divorce within the State of New York. This route is not for everyone especially when you need to feel secure that your problems will be effectively resolved. When something goes wrong, you can't rely on a self-help book or a non-profit organization to solve your legal problems. Most people will need an attorney that will be able to answer their questions and represent them if things get complicated. Divorces are not usually simple even if it is an uncontested divorce their could be complex issues (i.e. division of property or properties between spouses, custody issues with children, and protection orders).

Selecting a divorce attorney is not easy. Your selection of divorce attorney should not be just as simple as picking up the Yellow Pages under attorney category or searching Google or Yahoo by typing in divorce attorney. Doing these rudimentary activities will not help you find a skilled and very qualified lawyer by looking at the first couple of names of divorce attorneys in the Yellow Pages or when you search Google. Unfortunately, a splashy add in the phone book or buying keywords to appear at the top of a search engine may benefit the attorneys but they don't help you find the best possible attorney for your case. Your selection should be based on a criteria that will lead you to getting the best attorney to handle your case. My criteria is based on four factors: Training, Experience, Amicableness, and Motivation. This can be remembered by the acronym T.E.A.M.

Training is the first standard, a competent lawyer must be educated within that particular area of law. Knowledge of the law is the basis for which one can define themselves as being a legal professional that is able to handle your legal case. Legal training is defined by study as well as learning from other professionals and this assess whether are not they can solve your problems. and the reason that most people choose to consult with a legal professional.

Experience is the second criteria because it makes a difference when handling tough cases you want to know that this attorney is able to deal with the complexities of your case. It is said that good judgment comes from experience and I would also say that bad judgment is often derived from a lack of experience. Experience is paramount in effective legal representation. Motivation is the fourth factor that should be considered in selecting an attorney.

Amicableness is an important attribute of an attorney and an attitude that often facilitates success. Attorneys must be able to communicate on your behalf and with other attorneys. An attorney is a counselor at law and being able to provide effective counseling services is dependent on the ability to explain and communicate simple and difficult issues with the client. "“It is our attitude at the beginning of a difficult task which, more than anything else, will affect it’s successful outcome,” wrote William James. Attorneys that are not great at communicating with their clients are often the same way within their communication with other legal professionals. Poor communication skills and a bad attitude. can lead to disastrous results. You want an attorney that is going to be able to effectively communicate on your behalf.

Motivation is linked with success. A motivated lawyer is driven to solve problems and strives to gain the best possible outcome for their clients. An unmotivated attorney will often fail to deliver satisfactory results to their clients because they are looking for excuses to do less work and still collect a legal fee. Benjamin Franklin said, "He that is good for making excuses is seldom good for anything else." Success is usually determined by not making excuses and forging past obstacles through hard work and dedication.

Don't be afraid to ask an attorney about their training, experience, amicableness and motivation. It can mean the difference between success and disappointment with your case.

Remember personal referrals are also a good source to finding an attorney but you must use a criteria to determine whether or not you believe that this is best attorney for yourself.

Paul McCartney Divorces Heather Mills for $48.6 million

Heather Mills will receive nearly $50 million($48.6 million to be exact) in a divorce settlement from former Beatle Paul McCartney. The resolution marks one of the richest and messiest celebrity divorce settlements to date. The couple married without a prenuptial agreement in 2004, Paul McCartney was 62 and Heather Mills was 34. without a prenuptial agreement. Paul McCartney filed for a divorce in July 2006. According to court documents, his net worth is around $750 million. Heather McCartney was seeking a $254 million settlement. Paul McCartney offered to settle for $32 million. Heather Mills dismissed her lawyer and represented herself.