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Overview
Joel R. Brandes is Special Counsel at Wisselman Harounian Family Law. Mr. Brandes concentrates his statewide practice on appeals in divorce, equitable distribution, custody, and family law cases, as well as in post-judgment enforcement and modification proceedings. He also serves as counsel to attorneys with all levels of experience assisting them with their difficult appeals and litigated matters. He has been recognized by the New York Appellate Division as a “noted authority and expert on New York family law and divorce.” He earned his J.D. at Brooklyn Law School and his LL.M. at New York University. He has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and has drafted briefs for and acted as a consultant to attorneys in many international child abduction cases, including cases in the United States Court of Appeals, and the United States Supreme Court. Mr. Brandes was counsel in the landmark New York Court of Appeals cases of Morone v Morone, Tucker v Tucker and McSparron v McSparron and has more than 125 reported New York trial or appellate decisions.
PUBLICATIONS
Mr. Brandes the author of the treatise Law and the Family New York, 2024-2025 Edition (12 volumes) (Thomson Reuters), Law and the Family New York Forms, 2024 Edition (5 volumes) (Thomson Reuters), and all of their prior editions, and the New York Matrimonial Trial Handbook, 2d Edition (Bookbaby, 2024) (also in electronic and pdf editions). His “Law and the Family” column is a regular feature in the New York Law Journal.
Mr. Brandes is the author of the Digest of Equitable Distribution Cases, and Equitable Distribution Case Law, both published by the New York State Bar Association and has been a contributor to several law books. Mr. Brandes has written and lectured extensively on family law and international child abduction. He has authored more than six hundred published articles that have appeared in legal journals. For many years he co-chaired the Continuing Legal Education Committee of the New York State Bar Association, Family Law Section. In that capacity he moderated and participated in more than 150 seminars. He wrote a quarterly column, entitled Recent Decisions, Trends and Legislation, in the New York State Bar Association, Family Law Review. Since 2003 he writes and publishes Bits and Bytes, ™ a bi-monthly electronic newsletter for the New York divorce and family law bench and bar, two websites, New York Divorce and Family Law (www.nysdivorce.com), the Trial of a New York Divorce and Custody Case ( www.nysdivorce.net) and two blogs, “New York Divorce and Family Law” (https://brandeslaw.blogspot.com/) and “A Child is Missing: The International Child Abduction Blog”( https://joelbrandes.blogspot.com/).
Recent Articles by Joel R. Brandes from his New York Law Journal “Law and the Family” column
“Law of the Case in Matrimonial Actions”, March 28, 2025.
“Nuptial Agreements and Open Court Stipulations – The Differences”, February 27, 2025.
”Joint Custody Awards in New York – The Current Rule”, January 22, 2025.
“Review of Ex-Parte Orders by the Appellate Division”, November 25, 2024.
“The Lincoln Hearing and In-Camera Interview of the Child: Is there a Difference?”, October 16, 2024.
“The Child’s Preference in Custody Determinations”, September 16, 2024.
“Sanctions for Spoliation of Evidence in Matrimonial Actions”, September 5, 2024.
“In Limine Motions: What they are and How do they affect divorce?”, July 31, 2024.
“Service of Process by email”, June 17, 2024.
“Punishment for Civil Contempt”, May 6, 2024.
“Recusal in Matrimonial and Family Court Actions”, March 25, 2024.
“Enforcement of Religious Marriage Contracts”, February 23, 2024.
“The Parenting Coordinator,” January 22, 2023.
“The Respect for Marriage Act,” November 20, 2023.
“The Fundamental Right to a Fair Trial,” September 18, 2023.
“Criminal Contempt in Matrimonial Actions, “ August 14, 2023
“Contempt of Court – A Remedy of First Resort”, June 30, 2023.
“Taking an Appeal in an E-filed Matrimonial Action“, May 8, 2023.
“Public Access to Matrimonial and Family Court Proceedings”, March 27, 2023.
“Forensic Evaluations in Custody Cases”, February 23, 2023.
“Filling in the Gaps in Marital Agreements”, January 18, 2023.
“Electronic Attorney – Client Communications”, November 24, 2022.
“Limits on Interrogatories in Matrimonial Actions”, November 15, 2022.
“Child Support Awards in Shared Custody Cases”, October 20, 2022.
“Indirect Appreciation of Separate Property”, September 29, 2022.
“Who decides, Client or Attorney?”, August 18, 2022
“Impeaching Credibility in Matrimonial Actions”, August 8, 2022.
“New Rules Governing Matrimonial Actions – The Good News and the Bad”, July 14, 2022.
“Counsel Fee Awards in Enforcement Proceedings”, July 5, 2022.
“Post-Divorce Maintenance Awards Under the Current Law”, June 17, 2022.
“Parental Alienation in Custody Disputes, May 11, 2022.
“Child Support Awards Over the Income Cap”, ” April 11, 2022.
“Downward Modification of Court Ordered Support Obligations, March 14, 2022.
“Imputed Income in Matrimonial Actions,” February 24, 2022.
“Unacknowledged Nuptial Agreements, January 10, 2022.
“Ethical Considerations in Client Communications,” December 11, 2021.
“Enforcement of Support Orders by Contempt of Court,” October 21, 2021.
“Subject Matter Jurisdiction of Supreme Court and Family Court ”, September 20, 2021.
“Appeals from Family Court Orders”, September 1, 2021.
“Res Judicata and Collateral Estoppel in Divorce Actions, August 18, 2021,
“Flat Fee Retainers in Domestic Relations Matters, July 27, 2021
“Appellate Review of Non-Final Orders in Matrimonial Actions,” July 7, 2021.
“Standards for Modification of Child Support: Did Boden Survive?”, June 29, 2021.
“Email and Ex Parte Communications, June 17, 2021
“Preserving the Right to Appeal”, May 10, 2021.
“The New Motion Practice Rules”, March 8, 2021.
“Trial by Combat”, February 18, 2021
“Efiling Primer for Matrimonial Attorneys”, January 7, 2021.
“Understanding the Support Magistrate Objection Process”, November 3, 2020.
“Ethical Obligations of Lawyers as Witnesses in Matrimonial Actions”, October 7, 2020
“The Demise of ‘O’Brien’: Student/Working Spouse Equitable Distribution”, September 16, 2020.
“Is there a Domestic Relations Exception to Diversity Jurisdiction”, August 5, 2020 (Written with Hon. George B. Daniels)
“Sanctions and Discipline for Frivolous Conduct in Matrimonial Actions,” July 9, 2020.
“Limiting the Scope of Representation in Family Court Proceedings, July 2, 2020.
“The Resurrection of Marital Fault”. May 18, 2020.
“Primer on the Enhanced Scrutiny in the Ethical Rules Impacting Domestic Relations Practitioners”, April 24, 2020
“Custody Rights of Non-Biological Parents,” March 12, 2020.
“When Your Client Goes Missing, ” February 20, 2020
“The Burden of Proof and Presumptions in Matrimonial Actions”, January 2, 2020.
“The Right to an Interpreter or Facilitator at Trial” , December 11, 2019.
“Standards of Appellate Review in Matrimonial Actions”, November 8, 2019.
“Protecting Native American Children.” September 20, 2019.
“Clarifying the Concepts of Transmutation and Commingling.” August 22, 2019.
“Inchoate Rights to Marital Property.” July 29, 2019. Click here to read the article
“Enforcing Counsel Fee, Support and Distributive Awards by Execution of Judgment.” July 18, 2019.
“What is the Status of the Child in a Custody Case? July 8, 2019.
“Who is the Less Monied Spouse?” June 14, 2019.
“Conduct in litigation and counsel fee awards.” May 17, 2019.
Other Recent Articles by Joel R. Brandes
“Matrimonial Trial Practice: Frequently Asked Questions” appears in the New York State Bar Association Family Law Review, 2024, Vol. 56, No. 3.
“New York Tribal Courts of Civil Jurisdiction in Divorce and Family Law Matters”, written with Vanessa Gabriele, Esq. appears in the New York State Bar Association Family Law Review, Winter 2024, Vol. 56, No. 2.
|“E-filing for Matrimonial Attorneys”, appears in the New York State Bar Association Family Law Review, 2023, Vol. 55, Number 3
“Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship, Revisited – Part II “, New York State Bar Association Family Law Review, 2023, Vol. 55, No. 1.
“Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship, Revisited – Part I ” , New York State Bar Association Family Law Review, 2022, Vol. 54, No. 3.
“New Rules Governing Matrimonial Actions” appears in the New York State Bar Association Family Law Review, August 2022, Vol. 54, No. 2.
“Stare Decisis, Precedent and Dicta appears in the March 2020 issue of the New York State Bar Journal, Vol. 92, No. 2 at page 36.
“Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship” appears in the New York State Bar Association Family Law Review, Winter 2020, Vol. 52, No. 1.
“Maintenance and Spousal Support, Then and Now: Are They the Same? “appears in the New York State Bar Association Family Law Review, 2021, Vol. 53, No. 2.
Recent Books Published:
Author of the New York Matrimonial Trial Handbook, (Bookbaby, 2024)
Author of Law and the Family New York, 2024-2025 Edition (12 volumes) (Thomson Reuters)
Author of Law and the Family New York Forms, 2024 Edition (5 volumes) (Thomson Reuters)
Author of The New York Matrimonial Trial Handbook: 2023 Update (paperback)(Amazon March 2023).
Author of The New York Matrimonial Trial Handbook Courtroom Edition (paperback) (Amazon December 2020).
Author of The New York Matrimonial Trial Handbook: 2020 Update (paperback) (Amazon December 2020).
Author of the New York Matrimonial Trial Handbook (Bookbaby August 2017)
Author of Law and the Family New York Forms 2020 Edition (5 volumes) (Thomson Reuters) .
Author of Law and the Family New York Forms 2019 Edition (Thomson Reuters) (5 volumes)
Author of Law and the Family New York Forms, 2d (Thomson Reuters) (5 volumes)
Author of Law and the Family New York Forms (Thomson Reuters) (4 volumes),
Author of Law and The Family New York, 2d (9 volumes) (Thomson Reuters)
Publisher of “New York Divorce and Family Law” website at www.nysdivorce.com
Publisher of “The Trial of a Matrimonial Action and Custody Case” website at www.nysdivorce.net
Publisher of “Bits and Bytes”, bi-monthly electronic newsletter since 2003 devoted to New York Divorce and Family Law distributed to the New York bench and Bar.
Publisher of “New York Divorce and Family Law” blog (https://brandeslaw.blogspot.com/)
Publisher of “A Child is Missing: The International Child Abduction Blog”( https://joelbrandes.blogspot.com/ ).
Member, Scribes, The American Society of Writers on Legal Subjects
