Press Releases
The Role of Pre-Nups in the Brinkley and A-Rod Divorce Cases
New Years Resolutions and Divorce
The Law Offices of Russell I. Marnell, P.C. Opens New Suffolk Office
Attorney Bruce W. Albert Named of Counsel to The Law Offices of Russell I. Marnell
Attorney Russell Marnell Lectures Before the Nassau/Suffolk Chapter of the National Conference of CPA Practitioners (NCCPAP)
Attorney Russell Marnell Named to Register of Preeminent Lawyers by Martindale-Hubbell
NYS Supreme Court Agrees with Long Island Divorce Lawyer's
Social Abandonment Argument
The Challenges of Home Ownership and Divorce
This Spring More Couples Should Consider Prenuptials Before Walking down the Aisle
Long Island Matrimonial Attorney Expects Additional Divorce Inquiries Following New Year
Reappointment as Chairman of Child Custody Sub-Committee
American Academy of Matrimonial Lawyers
Association of Professional Financial Consultants
American Inns of Court
FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057
The Role of Pre-Nups in the Brinkley and A-Rod Divorce Cases
July 9, 2008
In two of the most relevant high-profile divorce cases of today – those
of Christie Brinkley and Alex Rodriguez – we see examples of why the
phrase “iron clad” and “prenuptial agreement” should
not be placed together in a sentence. In both of these cases, at least one
spouse is challenging their prenuptial agreement with what experts say are
significant arguments.
Attorney Russell I. Marnell, with offices in East Meadow
and Melville, New York is available to members of the media to discuss matrimonial
issues including
the role of prenuptial agreements, child custody and child support in the divorce
cases of celebrities Christie Brinkley and Alex Rodriguez. “The goal
of the attorneys for Peter Cook and Cynthia Rodriguez will be to find a basis
in which the pre-nups can be voided, thus opening the case up to equitable
distributions of assets, where the fortunes of these celebrities can be divided
based on the spouses’ contributions to the marriage,” said Mr.
Marnell.
According to media reports, Peter Cook is challenging his pre-nup
with Christie Brinkley with regard to three boats and several New York properties,
as well
as some personal property. There is also a child custody battle in the works.
Cynthia Rodriguez is challenging her pre-nup with the argument that Alex Rodriguez
reached the top of his stardom as a Yankee during their five year marriage.
An antenuptial or prenuptial agreement is a contract entered into by a couple
prior to marriage that seeks to provide a greater degree of certainty and to
limit New York’s equitable distribution or child support laws. The agreement
will often be sought when there is a disparity in pre-marital separate property
or earning power of the couple. While it can supersede equitable distribution
and provide for spousal support, it cannot so limit support that the spouse
will become a public charge.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
New Years Resolutions and Divorce:
Long Island Matrimonial Attorney Expects Additional Divorce Inquiries Following
New Year
January 8, 2007
(East Meadow, NY) New Year’s resolutions are often filled with the common goals of exercising, losing weight, or saving money. But many resolve to end their marriage. Matrimonial attorney Russell Marnell finds that following the New Year, his office is busy fielding inquiries from new clients who seek a divorce after the holidays.
“Over the last few weeks we dealt with a number of cases concerning visitation rights as families made plans for the holidays, and following New Year’s Day and in the weeks to come, we expect an increase in calls from prospective clients who want to learn more about what is involved in obtaining a divorce,” Mr. Marnell said.
Mr. Marnell believes the combined effects of stress, and the high expectations we have for our families and our relationships during the holidays, may contribute to many people’s resolve in pursuing a divorce in the New Year. “We often have this Norman Rockwell conception of the holidays,” he said. “At this time of the year, our expectations sometimes end in disappointment. A couple that is struggling to maintain a marriage may often be prompted to consider divorce as part of one or both of the partners’ self-evaluation that comes with the New Year.”
He advises that if a couple has any doubt, they would do better to err on the side of keeping the marriage together. Mr. Marnell also recommends that someone considering divorce should carefully write out the advantages and disadvantages of remaining married and try to weigh the importance of these factors in making a decision. Often one of the partners wants to maintain the marriage, but the other does not. Mr. Marnell frequently recommends marriage counseling and works with marriage counselors and other professionals to assist the couple in the decision making process. Once a client makes the decision to seek a divorce, Mr. Marnell will review the legal and financial considerations with them.
According to the U.S. Census Bureau, there were approximately 2.34 million new marriages in the United States in 1995 (the last year in which statistics are complete) while there were approximately 1.17 million divorces, for the often cited 50 percent divorce rate. About 10 percent of marriages end by the fifth year. New York is considered one of the more difficult states in which to obtain a divorce because it does not allow for “no fault” divorces, or cases of “irreconcilable differences”. In 2001, 145,500 New York couples got married while 54,100 marriages ended in divorce.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
The Law Offices of Russell I. Marnell, P.C. Opens New Suffolk Office
October 11, 2006
(Smithtown, NY) The Law Offices of Russell I. Marnell, P.C. announced that
it has expanded its practice in Suffolk County and is opening a new office
in Smithtown. The new office is located at 180 East Main Street, Suite 308,
and replaces the previous Melville location. With four attorneys on staff,
the firm concentrates on matrimonial matters, conducting trials relating to
family law issues such as divorce, custody, equitable distribution and child
support. With offices now in East Meadow and Smithtown, the new location
will provide more convenient access to his firm for those who live further
east on Long Island.
Mr. Marnell makes frequent lectures and media appearances and has been
published more than a dozen times in the past 5 years. He is a member of the
prestigious American Inns of Court as well as a Fellow of the American Academy
of Matrimonial Lawyers. He was recently named to the Register of
Preeminent Lawyers by Martindale-Hubbell.
###
FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
Attorney Bruce W. Albert Named of Counsel to
The Law Offices of Russell I. Marnell
(East Meadow - NY) The Law Offices of Russell I. Marnell announced today that Bruce W. Albert, Esq. has recently become of counsel to the firm, bringing with him a wealth of over 35 years legal and practical experience in matrimonial and financial management matters. His addition to the firm is expected to enhance the scope of its matrimonial and family law practice and will allow the firm to continue its growth.
Mr. Albert has been engaged in the practice of family law in New York City, Long Island and Westchester as a sole practitioner and counsel to other firms since his admission to the bar in 1970. He formerly served as one of the youngest Regional Vice Presidents in Credit and Branch Administration at a major international bank and as an adjunct professor at Long Island University’s C.W. Post campus, where he earned his bachelors degree on full scholarship in 1965. In 1969 he received his Juris Doctor from New York Law School. He is an adjunct professor at Hofstra University Law School and regularly lectures at local professional organizations and schools, authors articles and has appeared on national television to speak on family matters. In August 1993, Mr. Albert was admitted to the United States District Court for the Eastern District of New York
.
Mr. Albert is a Master, Executive Committee member, and secretary-treasurer of the prestigious national New York Family Law American Inns of Court. He is also a member of the Nassau County Bar Association and of the Matrimonial and Ethics Committees, as well as the Speakers Bureau. Bruce W. Albert is a New York State Court appointed Arbitrator and has been appointed as a Referee and Neutral Evaluator in matrimonial cases.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
Attorney Russell Marnell Lectures Before the Nassua/Suffolk Chapter of
the National Conference of CPA Practitioners (NCCPAP)
February 24, 2006 East Meadow – NY) East Meadow Attorney Russell Marnell recently lectured
before the Nassau/Suffolk Chapter of the National Conference of CPA Practitioners
(NCCPAP) on the topic of “Divorce Tax Planning for Closely Held Business
Owners, Valuation Issues with Licenses and Degrees and Equitable Distribution
Rules.” The lecture was held at the Holiday Inn, Plainview. Those in
attendance received two (2) CPE/Tax credits towards continuing education requirements.
Mr. Marnell formed his law firm in 1985 to provide New York metro clients with
excellent representation and service. The firm is fully staffed and computerized,
concentrating its practice in matrimonial, divorce and other family law matters.
Mr. Marnell is a Fellow of the American Academy of Matrimonial Lawyers and
is the past Chairman of the Nassau County Bar Association Child Custody Subcommittee.
He is also a member of the Suffolk and Nassau County Bar Matrimonial Committees.
He has had numerous articles published and is a frequent lecturer. He is a
member of the New York, Florida, California and Nevada Bars. Mr. Marnell passed
the CPA exam and earned his MBA and J.D. from Hofstra University in 1984.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770 Attorney Russell Marnell Named to Register of Preeminent Lawyers by Martindale-Hubbell
January 27, 2006
(East Meadow – NY) East Meadow Attorney Russell Marnell
was recently named to the Register of Preeminent Lawyers by Martindale-Hubbell.
According to Martindale-Hubbell, just 5% of U.S. law firms qualify and are
included. Mr. Marnell is considered one of the leading matrimonial attorneys
on Long Island.
Mr. Marnell formed his law firm in 1985 to provide New York metro clients with
excellent representation and service. The firm is fully staffed and computerized,
concentrating its practice in matrimonial, divorce and other family law matters.
Mr. Marnell is a Fellow of the American Academy of Matrimonial Lawyers and
is the past Chairman of the Nassau County Bar Association Child Custody Subcommittee.
He is also a member of the Suffolk and Nassau County Bar Matrimonial Committees.
He has had numerous articles published and is a frequent lecturer. He is a
member of the New York, Florida, California and Nevada Bars. Mr. Marnell passed
the CPA exam and earned his MBA and J.D. from Hofstra University in 1984.
###
FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
NYS Supreme Court Agrees with Long Island Divorce Lawyer's
Social Abandonment Argument
March 17, 2005
(East Meadow - NY) As reported in the New York Law Journal on March 9th, New York State Supreme
Court Justice Anthony J. Falanga ruled in favor of Long Island matrimonial and family law attorney
Russell Marnell in the case of C.P. v. G.P. and his argument that the defendant husband socially
abandoned the wife and thus meeting the grounds requirement for divorce.
Citing a 1960 decision in Diemer v. Diemer where the court said that abandonment is a "refusal by
one spouse to fulfill the basic obligations springing from the marital contract," Marnell said that
the ruling is "really just taking what has been case law, and is looking at it from a different
approach. It is very logical to say that when a spouse does not receive the social benefits one
typically expects from a marriage that one has been constructively abandoned."
Marnell represented the plaintiff wife, who alleges that after 36 years of marriage, her husband has
socially abandoned her. As described by the New York Law Journal, according to Judge Falanga, since 1993,
the husband had refused to take meals with his wife or even eat food prepared by her. He also refused to
celebrate holidays with her, did not attend her father's funeral in 1997 or the funeral of her nephew,
who was killed in the September 11, 2001 terror attack on the World Trade Center.
The judge's decision to allow for grounds on the basis of social abandonment allows the case to go
forward to trial scheduled to begin on March 14th. In earlier decisions, the judge refused to find
grounds of either sexual constructive abandonment or for cruel and inhuman treatment.
Under New York State law, those seeking a divorce must establish either abandonment, constructive
abandonment, cruel and inhuman treatment, adultery or imprisonment. If a plaintiff does not have grounds
for a divorce, the couple could enter into a separation agreement, live separate and apart for one year
under the terms of the agreement and then seek to convert the agreement into a divorce decree.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
August 16, 2004
The Challenges of Home Ownership and Divorce
Rising Prices in Area Posing Challenges for Divorcing Couples
(East Meadow - NY) With the median price of a home reaching about $430,000 in Nassau and about $350,000 in Suffolk,
Attorney Russell Marnell worries that rising prices is making it more difficult for couples to divorce and may help to
make it more difficult for divorcing couples to afford living in the New York Metro area.
"While rising home values in the New York Metro area has meant larger assets to distribute in divorce, it has also made
it difficult for divorcing couples, losing economies of scale, to maintain their standards of living. With real estate prices
cooling, these challenges are likely to increase and may pose greater social consequences," said Mr. Marnell.
According to the Long Island Board of Realtors, the median price for a home in Nassau County is about $430,000, while
Suffolk's is about $350,000. These prices are about double of what they were only five years ago. While rising prices
create greater equity, it is often a couple's largest asset. During divorce negotiations, several issues often arise with
respect to the home. First, are there minor children? With this in mind, should one spouse obtain exclusive use and occupancy
until the youngest child graduates from high school, turns 18 or some other agreed upon time? Second, with the above
considered, should the house be sold? Often, one spouse's equity in the home can offset other assets, such as a 401k, pension
or savings. When it doesn't, it is more likely that the home would have to be sold.
Financially, divorce can often be very difficult for both spouses, as well as for any children of the marriage. The challenge
of maintaining two separate households and no longer having the economies of scale marriage provides, generally places both
members of the couple in worse financial position than if the marriage had stayed together. With real estate markets at their
peak, single persons and young couples often find it challenging to purchase a first home. The same applies to divorcing spouses.
In the scenario where one spouse retains the marital home, they may find it difficult to cover the costs of the mortgage and
taxes. While the other spouse may have retained other assets, they may be forced to rent or to buy a smaller and less expensive
home. At the same time, this spouse may be paying child support and maintenance. In the event the martial home is sold, then
both spouses may be forced to downgrade to renting or purchasing smaller homes, co-ops or condos.
"In recent years, fortunately for divorcing spouses that have remained married for at least a few years, their marital home
has generally appreciated in value. This at least gives them assets to divide and set off with other assets. However, what are
the prospects if the real estate market levels off or declines?" asks Mr. Marnell.
According to the U.S. Census Bureau, about 10% of marriages end by the fifth year. In a stagnant or declining real estate market,
divorcing spouses, especially those of shorter marriages will not have accumulated equity and would be forced to sell. They may
even face the scenario of selling their home for less than they purchased it. With spouses now having to maintain two separate
homes and perhaps providing child support and maintenance, this could have serious social consequences and result in larger numbers
of divorcing spouses being unable to afford homes and the costs of living in this area.
"While it may not be possible to find complete solutions to issues of losses of economies of scale in divorce, these factors must
be considered when contemplating marriage and divorce. Attorneys, working with financial advisors can help to develop agreements that
will best allow spouses to meet the challenges posed by divorce," said Mr. Marnell.
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FOR IMMEDIATE RELEASE
Contact: John Zaher
(631) 207-1057 or (631) 375-8770
May 26, 2004
This Spring More Couples Should Consider Prenuptials Before Walking down the Aisle
(East Meadow NY) With every Spring comes the inevitable parade of brides and grooms exchanging solemn vows of marriage. While few couples enter marriage anticipating divorce, considering that about 10% of marriages end in divorce by the end of the fifth year, attorney Russell Marnell believes that more couples should consider prenuptial agreements.
"The decision to create a pre-nuptial agreement is a highly personal one. Often, one may be reluctant to explore this topic with a prospective spouse out of concern that such a discussion could put a cloud over the marriage and cast doubt on the devotion of the person seeking the agreement. However, considering that couples are marrying later in life and that divorced spouses are remarrying, I recommend that a couple contemplating marriage consider whether a prenuptial agreement is appropriate for them," said Mr. Marnell.
An antenuptial or prenuptial agreement is a contract entered into by a couple prior to marriage that seeks to provide a greater degree of certainty and to limit New York's equitable distribution or child support laws. The agreement must be in writing and must be signed and acknowledged by both parties and will often be sought when there is a disparity in pre-marital separate property or earning power of the couple. While it can supersede equitable distribution and provide for spousal support, it cannot so limit support that the spouse will become a public charge. Provided that a prospective spouse did not enter into the agreement under duress, fraud, forgery, overreaching, or the agreement excessively one-sided, then the agreement is generally enforceable in the event of divorce or death of a spouse. Under New York's Domestic Relations Law, the parties can determine the amount (if any) and duration of maintenance, rather than leaving this issue to a court to decide. Therefore, when there is a large disparity in income between the parties, it is recommended that the wealthier spouse seek a prenuptial agreement.
Another trend in our society suggesting the growing need for using prenuptial agreements is the growing number of remarriages often involving persons in their later years with grown children. Under New York's elective share statute, a surviving spouse is entitled to the greater of $50,000 or one-third of the decedent's estate, regardless of how assets are disposed of in a will. The contemplation of re-marriage can cause concern among grown children, especially when substantial assets are at stake, including a family business or a childhood. Since prenuptials can include contemplation of death and are also enforceable upon death, they could provide greater certainty by limiting the assets to be left to the surviving spouse and thus accomplishing what a will cannot due to the elective share.
"While prenuptial agreements are often not an easy topic to discuss, more couples should consider doing so. If used properly, they can help to reduce fears and uncertainty, while ensuring that spouses and children are properly provided for. They can also help to reinforce the bonds of trust that the marriage is based on love and not based on the amount of assets and earning potential of a spouse," said Mr. Marnell.
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FOR IMMEDIATE RELEASE
Contact:John Zaher
(631) 207-1057 or (631) 375-8770
January 2, 2004
Long Island Matrimonial Attorney Expects Additional Divorce Inquiries Following New Year
(East Meadow NY) While New Year's resolutions are often filled with the common goals of exercising, losing weight and saving money, matrimonial attorney Russell Marnell finds that his office is often busy following the New Year, fielding inquiries from new clients who have resolved to seek a divorce as part of their New Year's resolutions.
"This is often a busy time of the year for my office. Over the last few weeks we dealt with a number of cases concerning visitation rights as families made plans for the holidays. In the weeks to come, we expect an increase in calls from prospective clients who are taking the first steps to learn more about what is involved in obtaining a divorce," said Mr. Marnell.
Mr. Marnell believes that the combined effect of holiday stress and high expectations we have for our families and our relationships during the holidays may contribute to many persons resolving to pursue a divorce in the New Year. "We often have this Norman Rockwell conception of the holidays. At this time of the year, our expectations sometimes end in disappointment. Compounded by drinking and holiday stress, a couple that is struggling to maintain a marriage may often be prompted to consider divorce as part of one or more of the partner's self-evaluation that comes with the New Year," said Mr. Marnell.
As Mr. Marnell and his staff field inquiries, they are often placed in the position of a counselor. His advice is that if a couple has any doubt, then they should err on the side of keeping the marriage together. He also recommends that someone considering divorce should carefully write out the advantages and disadvantages of remaining married and try to weigh the importance of these factors in making a decision. Often one of the partners wants to maintain the marriage, but the other does not. He often recommends marriage counseling and works with marriage counselors and other professionals to assist the couple in the decision making process. Once a client makes the decision to seek a divorce, Marnell will review the legal and financial considerations with them.
According to the U.S. Census Bureau, there were approximately 2.34 million new marriages in the United States in 1995 (the last year in which statistics are complete) while there were approximately 1.17 million divorces, for the often cited 50% divorce rate. About 10% of marriages end by the fifth year. New York is considered one of the more difficult states in which to obtain a divorce. In 2001, 145,500 New York couples got married while 54,100 marriages ended in divorce.
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For Immediate Release
Contact: Janice Garber
(516) 542-9000
NASSAU COUNTY BAR ASSOCIATION RE-APPOINTS RUSSELL I. MARNELL AS CHAIRMAN OF MATRIMONIAL CHILD CUSTODY SUB-COMMITTEE
(East Meadow, NY) - The Nassau County Bar Association has re-appointed Russell I. Marnell as Chairman of the Matrimonial Child Custody Sub-Committee. The Matrimonial Child Custody Sub-Committee meets and addresses many issues pertaining to custody and visitation of children.
Mr. Marnell has served as Chairman since 1994. Additionally, he is a member of the prestigious New York Family Law American Inns of Court, is a fellow of the American Academy of Matrimonial Lawyers and is also a Nassau County Family Court Law Guardian.
The Law Offices of Russell I. Marnell concentrates its practice in all areas of family and personal injury law.
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For Immediate Release
Contact: Janice Garber
(516) 542-9000
AMERICAN ACADEMY OF MATRIMONIAL LAWYERS ACCEPTS RUSSELL I. MARNELL AS FELLOW
(East Meadow, NY) - Russell I. Marnell has been accepted as a Fellow to the American Academy of Matrimonial Lawyers. This organization is an association of the nation's top matrimonial attorneys from 46 states who specialize in all issues related to marriage, divorce, annulment, custody, child visitation, property valuation, property distribution, alimony and child support.
The Academy was founded in 1962 to "encourage the study, improve the practice, elevate the standards, and advance the cause of matrimonial law to the end that the welfare of the family and society be preserved."
The Law Offices of Russell I. Marnell, located in East Meadow, New York, concentrates in complex divorce and custody litigation, other family law matters, and personal injury law.
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For Immediate Release
Contact: Janice Garber
(516) 542-9000
RUSSELL I. MARNELL IS ELECTED TO BOARD OF DIRECTORS OF ASSOCIATION OF PROFESSIONAL FINANCIAL CONSULTANTS
(East Meadow, NY) - Russell I. Marnell has been elected to the Board of Directors of the Association of Professional Financial Consultants. The APFC is diverse group of professionals representing all aspects of the financial service arena. Membership includes attorneys, financial planners, accountants, real estate and insurance professionals, bankers, appraisers and the like.
The Law Offices of Russell I. Marnell concentrates in complex divorce and custody litigation, other family law matters, and personal injury law. Mr. Marnell is also a fellow of the American Academy of Matrimonial Lawyers, a member of the prestigious American Inns of Court and is chairman of the Nassau County Bar Association Child Custody Sub-Committee.
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For Immediate Release
Contact: Janice Garber
(516) 542-9000
May 19, 1999
RUSSELL MARNELL BECOMES MEMBER OF AMERICAN INNS OF COURT
(East Meadow, NY) - Russell I. Marnell has been accepted as a member of the prestigious American Inns of Court. As a member of this distinguished organization, in the specialized area of Family Law, Mr. Marnell will be united with judges, lawyers, law teachers and law students in a movement to improve the practice of law in the United States.
In addition to the New York State Inns of Court, Mr. Marnell is an active member of many other committees and organizations in the legal community. He is Chairman of the Nassau County Bar Association Matrimonial Committee's Child Custody Sub-Committee and is a Nassau County Family Court Law Guardian. Mr. Marnell has an M.B.A. in accounting and has passed the C.P.A. examination, and is a member of the New York, California, Florida and Nevada Bars.
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