New York Matrimonial Trial Handbook

Purchasers of the New York Matrimonial Trial Handbook may obtain a free copy of the New York Matrimonial Trial Handbook 2023 Update pdf Edition, which supplements the 2017 Edition,  by submitting proof of purchase to divorce@ix.netcom.com. An electronic edition of the 2023 update is available on the Consulting services website at www.nysdivorce.net  Hardcover and paperback editions of the 2023 update are available at Amazon.

The New York Matrimonial Trial Handbook, by Joel R. Brandes, a member of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a “how to” book for lawyers. This handbook is a companion work to his 12 volume treatise, Law and the Family New York (Thomson Reuters), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses.

A Book Review which appeared in the New York Law Journal appears on the New York Divorce and Family Law website. 

The New York Matrimonial Trial Handbook, by Joel R. Brandes, is devoted solely to the trial of a New York matrimonial action. It is a courtroom reference book to be used during the trial to enable counsel to successfully handle unusual evidentiary issues that frequently arise only in matrimonial actions. It is also an encyclopedia of questions for the direct and cross-examination of the parties and witnesses. It contains thousands of questions to ask in order to establish each element of a party’s cause of action and requests for ancillary relief. The New York Matrimonial Trial Handbook has one purpose - to help an attorney try a matrimonial action. Its scope is limited to that part of a matrimonial action that begins after trial preparation has been completed, and ends with the conclusion of the trial. The New York Matrimonial Trial Handbook is divided into five parts. Part 1 deals with preliminary matters, how to conduct a trial and the rules of evidence. Part 2 covers obtaining a divorce, separation, or annulment with questions to establish a prima facie case. Part 3 is devoted to obtaining maintenance, child support, exclusive occupancy of the marital residence, counsel fees and other ancillary relief. Part 4 deals with equitable distribution of marital property and the determination of separate property. Part 5 contains extensive coverage of custody litigation. Each Part of the Handbook includes the relevant substantive and procedural law, and the law of evidence related to that Part, and contains suggested questions for the examination and cross-examination of the parties and their witnesses.

Joel R. Brandes, of the New York Bar, practices law in New York and lives in Fort Lauderdale, Florida with his wife Elizabeth. Mr. Brandes is a member of the Manhattan Law Firm of Joel R. Brandes, P.C. He concentrates his practice in New York divorce and family law litigation, equitable distribution and custody appeals. He also serves as a consultant to lawyers on all aspects of complex matrimonial litigation. He has been recognized by the New York Appellate Division as a "noted authority and expert on New York family law and divorce.” He has represented clients in numerous appeals to the New York Court of Appeals and the Appellate Divisions and has consulted with and drafted briefs for attorneys in 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.

Joel R. Brandes is the author of the treatise Law and the Family New York, 2021-2022 Edition (12 volumes), Law and the Family New York Forms 2021 Edition (5 volumes) (both Thomson Reuters), and the New York Matrimonial Trial Handbook (Bookbaby). He is the author of Law and the Family New York, Second Edition (9 volumes), Law and the Family New York Forms, Second Edition (4 volumes) and numerous other publications. His monthly ”Law and the Family” column is a regular feature in the New York Law Journal. He is a former member of the American Academy of Matrimonial Lawyers. He wrote 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 five hundred published articles that have appeared in legal journals. In the past 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. He writes Bits and Bytes, ™ a bi-monthly electronic newsletter for the New York divorce and family law bench and bar, a website, New York Divorce and Family Law ( www.nysdivorce.com), 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/). He earned his J.D. at Brooklyn Law School and his LL.M. at New York University.