Legal Ruling May Keep Wealthy NY Couples From ‘Shopping’ for Divorce Court Judges

By:  Ellen Cans

A recent legal ruling in New York may nix a couple’s option to choose their divorce court judges.

As reported by the NY Post, this month an appellate court ruled in the case of a well-heeled couple who was seeking divorce, that they can’t have their case tried in Suffolk country, as their $4 million Southampton vacation home cannot be considered their residence.

Wealthy New Yorkers have been opting to use their second homes as an excuse to duke out their divorce cases in the smaller counties in a bid to find a judge who will appeal to the richer partners.  Legal experts say, the richer partner often files for divorce in a smaller jurisdiction where they own a vacation home, such as Suffolk County, hoping to catch one of the historically conservative judges there.  “The perception is that judges are going to deal with people who are very wealthy more favorably because they are not going to be as sophisticated as New York [City] judges as to the value of businesses, the value of options, restricted stock, etc.” explained matrimonial lawyer Bernard Clair.

The smaller courts have less experience with high net-worth cases, with exorbitant spousal and child support payments, and are considered to be more likely to side with the richer partner, says attorney Peter Bronstein.  Choosing or shopping for a court, which has been dubbed “forum shopping”, also helps to “shock” and inconvenience the poorer partner by forcing them to travel out of their way for the hearings, added Bronstein.  “If the husband is flying out on his helicopter to Islip [court] with his lawyer, the wife has to go by Uber,” said Bronstein. “There is a perception here of putting the poorer spouse on her back foot and therefore perhaps you can negotiate or make that spouse more uncomfortable.”

As per the Post, the new court decision, in which Bronstein is the lawyer for the underdog in a divorce case, stopped the rich retired real estate developer, Mark Fisch, from having their case heard in Suffolk County.  The court ruled the case must be heard in Manhattan where the couple resides.  Bronstein, who represents New Jersey Judge Rachel Davidson, hailed the influential decision, saying it kept the richer partner from his alleged attempt to “choose a more favorable” court and from putting Davidson “in an awkward position of having to litigate far from home.”  The ruling creates “a degree of fairness” and “takes away the leverage” from the wealthier spouse, Bronstein said regarding the March 9 Appellate Division, Second Department decision.