Martielli, Marina M.
Mott, Peter M.
Peter M. Mott Describes Difference between Prenuptial and Postnuptial Agreements
Peter M. Mott, a partner with the firm, spoke with US News & World Report on what is the difference between a prenuptial and postnuptial agreement. Mr. Mott said there is a difference between prenuptial and postnuptial agreements because of consideration, which requires promises made by the couple to be enforceable. “The consideration of the […]
Peter M. Mott Explains Whether Couples Should Get a Prenup
Peter M. Mott, a partner with the firm, was interviewed by U.S. News & World Report for a story on whether couples who are thinking of getting married should sign a prenuptial agreement. Mr. Mott said a prenuptial agreement helps protect the spouses’ assets, especially if one spouse has more assets than the other, or […]
COURT UPDATE: SUFFOLK COUNTY SURROGATE’S COURT
By Peter Mott, Esq. The Suffolk County Surrogate’s Court has updated its procedures during this Coronavirus period of time. 1. The Courthouse in Riverhead remains closed, but it has a satellite office open in Central Islip for hearing “essential matters”. A separate application has to be made to the Court to have a matter […]
UPDATE: Family Court, Surrogate’s Court and Matrimonial Matters
by Peter Mott, Esq. As of April 9, 2020 Family Court Matters: The Family Court is operating from Central Islip only and only on an emergency application basis, which are limited to: (1) child protection matters which involve removal applications; and (2) emergency family offense petitions (for temporary orders of protection). The Family Court is physically […]
Prenuptial Agreements and Estate Planning
A prenuptial agreement can conjure in people the thought of a wealthy person marrying a not so wealthy person, or celebrities marrying each other, or an older spouse marrying a younger spouse. Some people have a pessimistic outlook on prenuptial agreements, and see them as planning the divorce before the marriage happens. However, the purpose […]
The Effect of Divorce on Your Estate Plan
The ensuing months after the holiday season usually see an uptick in divorce filings. Some matrimonial practitioners even refer to the first Monday after New Year’s Day as “Divorce Monday.” Of course, many people chalk up this rise in divorce filings to the stress of the holidays or associate the increase in filings with people waiting until after the holidays to […]
Kramer vs. Kramer, Part 2 (the fight over the family pet)
In the movie Kramer vs. Kramer, Ted and Joanna Kramer call it quits after many years of marriage prompting a heated custody battle over Billy, the couple’s five year-old son. However, what if instead of being their son, Billy was, in fact, the Kramers’ pet dog or cat? How would the court have ruled in […]
U.S. Supreme Court Strikes Down Defense of Marriage Act
This past Wednesday, the Supreme Court of the United States struck down part of the Defense of Marriage Act (the “Act”). In a 5-4 decision, the Justices voted to hold Section 3 of the Act unconstitutional. Section 3 of the Defense of Marriage Act excluded same-sex couples from the definition of “marriage” and “spouse” in […]
The Constitutionality of a Ban on Same-Sex Marriage: Oral Argument Transcript in Hollingsworth v. Perry Is Now Available
On March 26, 2013, the United States Supreme Court heard oral arguments in the case regarding the constitutionality of California’s Proposition 8, a 2008 ballot initiative that amended the state constitution to allow only opposite-sex couples to marry.
