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Divorce and the Electronic Witness Posted: December 31, 2009 Robots come in all sizes and shapes. Hence, meet the electronic witness. Computers are now routinely used by individuals to store data of all kinds. Information technology is relied upon in so many aspects of our lives that one does not think twice upon using our credit card to purchase merchandize on line. Now, typical New York business owners rely on the internet to make purchases for their business or on their computer software devices in order to store and manage their financial information. Often time what is not saved on discs is stored on the hard drive. However, what most people don't fathom is that once information is entered into a computer hard drive you cannot make it go away by deleting it. This will have repercussions in your New York divorce case.
Electronic discovery, or "e-discovery" will likely affect New York divorce law in the years to come. For instance, a disenfranchised spouse sues for divorce. The other spouse, who routinely keeps business records on a lap top, has left the State with the lap top and their child and the other Spouse wants them both back, i.e. the lap top and the child, perhaps not so much, the missing spouse. Whether the laptop computer will play a part in the divorce action will depends on whether the computer can be retrieved. Assuming the computer is retrieved, what happens to it and who gets to see what is inside. New York Judges have weighed in on this very issue. By way of a first example, whether one can prove an equitable distribution interest in a family business will largely depend upon whether a party to a New York divorce action has an astute New York divorce lawyer capable of obtaining e-discovery form the other party to the litigation. As and for a second example what about a spouse's claim that a spouse committed adultery, that spouse can't read your private on line dating communications posted on Lovely-Match.net, will she? As for custody, while discovery is somewhat limited in New York, it may come to bear that a Court will order the confiscation of a parent's computer if it learns that the subject child is being unlawfully exploited or inappropriately exposed on the internet. In both instances the parties, through passwords and security locks, are lulled into a false feeling of security. In both instances parties in a New York divorce action will be shocked to learn that their secrets are discoverable in a Court of Law. Defenses against disclosure of information on one's computer have been raised but artfully dodged by New York Courts who perceived that justice can only be done by full and fair disclosure financial information relevant to a New York Divorce case. Some have argued that the Federal Electronic Communications Privacy Act prohibits unlawful dissemination of information, or prohibits release of customer records in response to a subpoena in civil litigation dealing with users' communications. Others site to the right to privacy. In New York divorce cases, we are seeing that one cannot rely on privacy when it comes to computer records. Following recent trends in New York State divorce law, it's possible to obtain a Court Order for information in someone's database that is relevant to a New York divorce issue. The impact of electronic discovery is far reaching. Most businesses have dispensed with paper records and do everything electronically, or line or else backed up on disc. As such, the information while not readily available in paper form, may be obtainable through your New York divorce lawyer. For those without the computer, the advent of Electronic discovery will further your interest in the gathering of records one needs in order to support a claim to an equitable share of the family business. In closing, the information you need in your divorce action may very well be within the four corners of the family computer, and a spouse's attorney should be able to retrieve that through e-discovery procedures under the CPLR or else through a court order so long as it is material and necessary for your case.
New York Divorce Lawyer Lisa Beth Older Appears on Entertainment Tonight, Commenting on Rosie O'Donnell's Possible Split from Kelli Carpenter Posted: October 25, 2009 Lisa Beth Older, Esq. a high profile divorce lawyer representing celebrities, appeared on Entertainment Tonight on October 24, 2009, to comment upon the possible celebrity gay divorce of Rosie O'Donnell.  As RadarOnline.com reported, the alleged marriage of Rosie O'Donnell is unraveling. According to USA Today, during a heartbreaking interview, Rosie did not deny her relationship was over. The couple have four children, Parker, Chelsea, Blake, and Vivienne, age six. According to gossip columnist Cindy Adams, Kelli Carpenter moved out of the marital residence, taking the youngest child, Vivienne, age six. Rosie O'Donnell and Kelli Carpenter, believed to be a married gay couple, are in fact unwed parents according to California law. While the couple married in 2004 when San Francisco's mayor was giving out marriage licenses, the California Supreme Court invalidated those marriages. In May 2008 the California Supreme Court ruled that gay marriages were legal. Many gay couples took advantage of this ruling and wed. But when Proposition Eight passed in California in November 2008, California banned gay marriages once again. Fortunately for some 18,000 gay spouses, if their marriage took place between May 2008 and November 2008, those marriages are still intact, thanks to the California Supreme Court ruling that as to marriages from June 2008 to November 2008, those marriages would remain valid as grandfathered in, according to the decision of the Court. "This was good news for Ellen DeGeneres and her spouse Portia De Rossi, but it is unknown whether Rosie O'Donnell re-married Kelli Carpenter during the amnesty period," says Lisa Beth Older, or if they are a legally registered couple in California. High profile New York City divorce attorney Lisa Beth Older says that "If all of Rosie O'Donnell's children were adopted by both parents then the adoptions will be recognized in New York State" but they may not be recognized in other states such as Florida, where the couple also resides. However, as to Vivienne, if one of the couple did not legally adopt one of their children, then the second parent, Rosie, may or may not have rights to custody or visitation in New York. "Unfortunately, and outrageously, in New York State a gay partner does not have custody rights absent a second party adoption," says New York City divorce attorney Lisa Beth Older.
Lisa Beth Older, Esq. tackles Health Care Reform in New York Posted: October 18, 2009 A new law was enacted on September 1, 2009 in New York that protects a spouse in a divorce action against a dishonest spouse who seeks to waste marital savings, invade retirement accounts, terminate health insurance, cancel health, life and automobile insurance and otherwise undermine a spouse's interest in a divorce action New York divorce proceedings are now designed to take on the challenge of termination of health insurance coverage for families.
Effective as of Sept. 1, 2009, DRL §236(B) (2) (a) subparagraph (b), provides automatic protection in all New York matrimonial actions, such that marital and other property of the parties are protected, health insurance and other insurance protection cannot be cancelled, and no party can touch a dime, except for the payment of reasonable counsel fees and necessaries of ordinary day to day regular expenses. A spouse may not cancel the other parties' coverage. "This is in keeping with the current political movement to achieve universal health insurance reform," says prominent New York divorce lawyer Lisa Beth Older, Esq. One might hope that other states will follow New York's lead. DRL §236(B) (2) (a) subparagraph (b) provides that in a matrimonial actions there is an automatic order that prohibits either party from selling or transferring property without the consent of the other party. This would include real estate, personal property, retirement accounts, and the like, the exception being money for customary household expenses or reasonable attorney's fees in connection with the divorce. Of major import is that during a New York divorce "neither party shall cause the other party or the children to be taken off any existing insurance policies," says attorney Lisa Beth Older, Esq., whether it is medical, hospital and dental insurance coverage, or life insurance, automobile insurance, homeowners and renters insurance policies. Both parties must maintain all existing health insurance and automobile insurance during the New York divorce action. "This new Law will work toward preserving the financial status quo of the parties' assets during the New York divorce action," says Lisa Beth Older. It will also provide for moneys needed for the children during the pendency of the divorce action. It is unclear if this law will apply to Family Court matters in New York. This law will however be equally effective in providing spouses with spousal support in the form of insurance premiums during the New York divorce action . It is unclear how this law will be enforced by any one respective presiding judge. Issues have already arisen as to whether it is alright for New York State divorce lawyers to take reasonable counsel fees out of marital assets without notifying the other side. It is also unclear as to the law's application as to reasonable living expenses. That said, thanks to the foresight of New York legislators spouses are now protected from unfair termination of insurance benefits.
New Laws Affecting New York Divorce, New York Child Custody and New York Child Support Orders Posted: October 14, 2009 MILITARY DIVORCES AND CUSTODIAL ORDERS If you are going through a divorce in New York State or a divorce in New York City, you may want to consider the latest laws affecting child custody adn child support. If you are a military parent and plan on returning home soon you may want to know that upon returning from military duty you may seek to modify your child custody Order or child custody Agreement. New York Legislature passed a law that says effective November 15, 2009 the parent who is returning from military activation or deployment will automatically be allowed to petition the court for custody as deployment and return from duty rises to the level of a ‘substantial change of circumstances’ for the purpose of filing for a modification of child custody or child visitation order which was made while the member of the military was away on active duty or deployed. In 2008 a law was enacted that quires all custody and visitation orders to be deemed merely “temporary” and in effect only while the parent is on active duty and may always be modified upon the payees’ return home from military deployment. NEWS REGARDING HEALTH INSURANCE. New York Law now allows parents to keep dependent children on their health issuance policies until the children attain the age of 29. That does not mean that all parents are obliged to provide health insurance until their children attain the age of twenty nine (29); it is merely an option to consider in negotiating terms for your separation agreement or New York divorce.
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"Electronic information is taking on the new role of an electronic witness in New York divorce cases, says New York divorce attorney Lisa Beth Older". The Computer once thought of as an amazing utility, is now a sword, a shield and a helping hand to litigants in a divorce action, depending upon which attorney has access to the marital computer and what the computer has on it. 
While New York State may be unable to fully protect a spouse against a disgruntled spouse's desire to suspend health insurance, terminate car insurance or waste marital assets, attorneys have been grabbling with a new law designed to protect the non-monied spouse from having the other party steal, hide or encumber marital assets and designed to protect against one spouse in a New York divorce action cancelling the other spouse's health insurance and other insurance benefits.