New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available in Bookstores and online in the print edition at the Bookbaby Bookstore, Amazon Barnes & Noble, Goodreads and other online book sellers. It is also available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore. The New York Matrimonial Trial Handbook is divided into five parts: (1) Preliminary Matters Prior to the Commencement of Trial, Conduct of Trial and Rules of Evidence Particularly Applicable in Matrimonial Matters; (2); Establishing Grounds for Divorce, Separation and Annulment and Defenses; (3) Obtaining Maintenance, Child Support, Exclusive Occupancy and Counsel Fees; (4) Property Distribution and Evidence of Value; and (5) Trial of a Custody Case. There are thousands of suggested questions for the examination and cross-examination of witnesses dealing with very aspect of the matrimonial trial. Click on this link for more information about the contents of the book and on this link for the complete table of contents.

The New York Matrimonial Trial Handbook was reviewed by Bernard Dworkin, Esq., in the New York Law Journal on December 21, 2017. His review is reprinted on our website at http://www.nysdivorce.com with the permission of the New York Law Journal.

Joel R. Brandes, is the author of Law and The Family New York, 2d (9 volumes) (Thomson Reuters), and Law and the Family New York Forms (5 volumes) (Thomson Reuters). Law and the Family New York, 2d is a treatise and a procedural guide. Volume 4A of the treatise contains more than 950 pages devoted to an analysis of the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. It contains a complete discussion of the cases construing the Convention which have been decided by the United States Supreme Court, the Circuit Courts of Appeal, the District Courts, and the New York Courts.


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Tuesday, June 7, 2016

Albani v Albani, 2016 WL 3074407 (S.D. Cal, 2016) [Singapore] [Fees and Expenses]




In Albani v Albani, 2016 WL 3074407 (S.D. Cal, 2016) after a 12 day bench trial, the Court granted the Petition for the return of the child  to Singapore, and then directed Respondent mother to pay $196,498.50 in attorney’s= fees.  It analyzed the award, utilizing the lodestar method, citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). It held it was not appropriate to award attorney’s= fees for petitioners five attorneys, and  only awarded fees for the work done by Amanda Harris, the person responsible for briefing and Richard Min, the lead attorney who argued the case. Ms. Harris billed 228.6 hours and Mr. Min billed 311.73 hours on matters pertaining to this case. The Court concluded that the hours were reasonable. Mr. Min billed his client at a rate of $300 per hour, and Ms. Harris billed at a rate of $450 per hour for the 2015 calendar year, and $455 per hour starting in 2016. The hourly rates were reasonable. Respondent argued that she had a good‑faith belief that the United States was I.A.=s habitual residence. The Court found that her testimony lacked credibility. It rejected her argument that any fee award should be reduced because of her financial condition. She was a trained physician and prior to these proceedings, she was employed in Singapore as a project manager, working part‑time and making $5,000 a month in Singapore dollars.