Daniel Clement – Law Offices of Daniel E. Clement

The Marital Home During Divorce: Do I Stay or Do I Go?

The Clash asked the musical question: “Should I stay or should I go?" In the divorce context, the question often is, “Should I move from the marital residence or do I tough it out and stay?” In his article "Should You…more

| Family Law

Pre-Nups: You only Get One Chance To Sign in New York

Details matter! In New York, if a prenuptial agreement is not properly signed and acknowledged, it will not be enforced. Unfortunately, you generally do not learn that your pre-nuptial agreement is not enforceable until…more

| Family Law

Why Did Katie Holmes File for Divorce in New York City?

Where you filed for divorce, may impact on your legal rights. For many, there is no choice. But, when the couple has split and one party is living in New York and the other is living in another state, the decision as to where…more

| Family Law

What Happens to a Rental Apartment When a Couple Divorces?

For many New Yorkers, one of the issues they first consider when contemplating a divorce is what will happen to my rental apartment when we divorce? The issue is particularly acute when the apartment is a rare New York City…more

| Family Law

Why You Should Retain an Attorney in Your Divorce?

There is no requirement that a party in a divorce hire a lawyer. The internet, my website, included, is full of legal information and forms. So, armed with plethora of online information, more and more people are attempting…more

| Family Law

How To Waive the Attorney Client Privilege By Email

fter I had been emailing a client at the email address she had given me, I noticed something odd in my email program - my client’s husband’s name appeared as the sender of the emails she was sending me. When I questioned the…more

| Family Law

Divorce and the Costs of College: Applying a SUNY Cap

The college application process can be an extremely stressful experience in a young person's life; adding to the child’s stress about deciding where to apply and which school to attend is the child's awareness that his or her…more

| Commercial Law & Contracts, Education, Family Law

Divorce and the Marital Residence: Should I Sell or Stay?

Be careful what you wish for, you may get it.” This adage is particularly true when one spouse seeks the marital home during a divorce. While the marital home may be the single most valuable asset of the marriage, it is also…more

| Family Law, Real Estate - Residential

No Fault Divorce: Complete Lunacy or Totally Rational?

In No Fault Nuttiness: Why Modern Divorce is Lunacy, Beverly Willett wrote a scathing criticism of no-fault divorce. Central to Ms. Willett criticism is her misplaced belief that divorce is about “innocence” “wrongdoers” and…more

| Family Law

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