Recent Articles

Improved Economy: Now I Can Afford A Divorce!

David A. Gabay
April 25, 2011 17:00

Like every other aspect of divorce, the reasons why people divorce are almost always exactly the opposite of what you would expect in a normal situation. The divorce rate that fell as the country slipped into recession is rising again, according to the Financial Times. “There is huge pent-up...

Dividing A House in A Divorce: What Are My Options and How Does it Work?

David A. Gabay
April 20, 2011 17:13

For most of you, your house is the biggest investment you will ever make. It will also be your largest asset. If you get divorced, you will now be faced with the ugly prospect of having to break up your marriage and your house. So, how do you handle the task of dividing your house...

Using a Qualified Domestic Relations Order (QDRO) To Protect Your Rights

David A. Gabay
April 12, 2011 19:05

In most middle class divorces, very often the most valuable asset acquired during the marriage is the retirement benefits of one or both parties. These benefits must be divided as part of the divorce, which means you need to make informed financial decisions regarding how much of the benefits...

What Can a Judge Do About Your IRS Income Tax Dependency Exemption Dispute?

David A. Gabay
April 06, 2011 15:10

Because it’s tax season, one of the issues that frequently comes up between parents of minor (under 18) children at this time of year is who gets to claim which children for income tax purposes. Most of the time, the parents eventually come to an agreement and sign the necessary forms to...

How Does a Divorce Judge Look at Your Case? A Suffolk County Judge's View From The Inside

David A. Gabay
March 29, 2011 00:45

One of the most interesting things about practicing divorce law is the difference between how a client views their case and how the Court thinks about the case. I spend hours and hours each week counseling my clients about the differences in what they see as critical to their case, and their...

Divorce Lawyer Gunned Down After Filing Client's Divorce

David A. Gabay
March 22, 2011 11:04

I read this on Friday. It comes from the American Bar Association’s weekly e-newsletter. The absolute insanity of it renders words meaningless. Here is the piece as it appeared: ______ Emmett Corrigan, a 30-year-old Boise, Idaho, lawyer in practice since October, was shot and...

Divorce Mediation: Is it For You?

David A. Gabay
March 15, 2011 23:23

A very nice woman came to see me this afternoon about a divorce. Her name is not Sally, but I will call her that to protect her privacy. Sally has been married for a long time, and has children with her husband. They have a house, Sally’s husband has a good, solid job, and Sally is going...

How Texting Can Reduce Case Delays, Save Client's Time, and Save Client's Money in Divorce Cases

David A. Gabay
March 08, 2011 21:34

Like most divorce lawyers, I often have several cases scheduled for Court on the same day.  Like every other lawyer, I haven’t yet figured out how to be in 2 places at once. This problem—being required to be in 2 places at the same time by two different judges, but at the same time...

Men Are More Forgiving of Same Sex Affair Then Women, New Study Says

David A. Gabay
March 01, 2011 23:22

Half of men would forgive the female apple of their eye for cheating if it were with another woman, according to new research. But women aren't so understanding if they find out their beau has slept with another man. The University of Texas at Austin study, published in the journal Personality and...

How To Eliminate The Need for Divorce Litigation Funding

David A. Gabay
December 08, 2010 17:27

A recent article in the New York Times covered the growing business of companies funding divorce litigation. Daniel Clement did a nice post on the same subject the other day.  Borrowing money to pay legal and accounting fees in divorces so couples can fight over who gets what share of a...