My intention is to create a journal (blog) of topical and current information about family law issues that will be of interest to our clients and prospective clients. Sources for blog posts will be my own experiences, experiences reported by my colleagues, relevant articles, news and information about the courts, judicial decisions of interest, your questions, and related information. We intend to post frequently, so please stay in touch with our website and be sure to contact our office if you desire a consultation. We will always stand by you.
What is marital property and what is separate property? Marital property is any property acquired during the marriage and before either a separation agreement is fully executed or a divorce action is commenced (whichever comes first). As long as the property was acquired while the parties are ma...
Signing a prenup has become standard practice for most modern couples before they tie the knot. Historically, prenuptial agreements in New York were nearly impossible to invalidate, but times have changed. The circumstances surrounding a prenup's creation or execution may now affect its validity ...
Child custody in New York is like most states. You can have legal custody, physical custody or a combination of the two. If there are disputes regarding who spends more time with the child or who has control over which areas of the child's life, the court may have to intervene. The court will bas...
For most parents, the thought of being cut off from their child is unbearable. In the middle of a brutal child custody battle, a desperate parent may accuse the other parent of child abuse to gain an advantage. Family courts take abuse claims seriously, so it will be necessary for the victim of t...
A prenuptial agreement is a contract between engaged individuals that helps to clarify certain elements of – and expectations for – their relationship. Additionally, by establishing what soon-to-be spouses expect in the event of divorce, couples take the mystery and romance out of marital dissolu...
When family courts determine legal and physical custody and visitation rights, they consider several factors, such as the child-parent relationship and the mental and physical condition of the parents. Courts also look at the family's history and check if there has been domestic violence, abuse o...
Divorce is never easy to deal with. You and your ex will discuss complicated topics during the process, including your assets and family arrangements. Certain divorce matters require the court's involvement, such as determining child support. Identifying the appropriate child support amount could...
In Albany, couples can decide whether to pursue a fault or no-fault divorce. The latter implies that no one was responsible for the marriage ending. The purpose of a no-fault divorce is to avoid putting the blame on anyone, as that could give rise to more points of contention during the divorce p...
You've spent a considerable amount of time, effort and energy building your reputation in your community, and your name and your business are closely linked. That means that a very public, very acrimonious divorce could be a disaster for you in more than one way. Aside from trying to navigate the...
Divorces can get complicated, especially if you and your former spouse cannot agree on the basics, such as child custody and property division. These disputes can happen anytime during the proceedings, which can cause tension between parties. You can hire a mediator to help you and your former sp...
A professional degree (or license) obtained during a marriage is considered marital property subject to equitable distribution in New York State divorce law. The degree's value is measured in “the enhanced earning capacity it affords the holder” as demonstrated by the holder's employment history ...
A divorce can turn your life upside down. As you go through the process, you must also consider your child, who may take the hardest blow out of everyone. Aside from providing them enough attention and support, you and your former spouse must sort out your roles to properly take care of them afte...
In a divorce, not only is there a division in the family but also a division in assets. During the proceeding, one of the things that you will have to discuss is marital asset distribution. The purpose of this is to ensure equal distribution of marital assets between spouses. Unfortunately, some ...
Once your divorce is finalized, you may decide that you and the kids deserve a nice relaxing week on a warm beach somewhere. So you book an overseas package for the next school break. Having looked forward to this for weeks, you turn up at the airport only for the agents working the passport chec...
A typical divorce usually concerns bickering exes, lots of money and a long, drawn-out process. That said, there's the option of an uncontested divorce, which involves both spouses reaching a unanimous decision regarding all their issues. However, they're still required to pursue divorce litigati...
Most people get married with the idea that they will live happily ever after till “death do them part.” Unfortunately, not all marriages last a lifetime. If you and your spouse are contemplating divorce, there are certain crucial steps you need to take to protect your financial interests. Every ...
Have you heard of the cheating spouse special? Social media platforms that offer marketplace transactions and classified websites sometimes see jilted spouses offering personal property at a massive discount or for free. There have been cases where people sell vehicles or expensive electronic dev...
Divorce means going separate ways physically, emotionally and financially. Therefore, you need to divide everything you acquired as a couple during the marriage, collectively known as marital property, when you divorce. Such property is divided equitably in New York. It helps to understand how ev...
When you and your spouse had been dating for a few years, you decided to buy a dog together. Technically, you bought the dog, and you simply share it with your future spouse. Now you're engaged and planning for the future. You know you are going to be getting married in the near future, and you'...
You can certainly find couples who got married at 18 and who are still married 70 years later. It is possible for people to get married at a young age without facing the prospect of a future divorce. That being said, statistics do show that getting married young makes it more likely that you will...
If you're getting divorced and you're thinking about talking to your children, it's important that you're 100% sure that the divorce will happen. You don't want to jump the gun and bring this up before you know that it's going to occur. Once you are sure, however, you don't want to put off having...
More and more divorcing parents are choosing to share custody of their children equally. However, if that's your goal, working toward a truly equal share of your child's time may actually require having a 60-40 split. That's because you need to consider what's called “third-party time.” This is ...
Your retirement savings reflect years of planning and self-denial. You didn't get to go on flashy vacations every year or buy the most expensive new vehicles because you wanted to save for your future instead. It is reasonable for you to worry about what will happen to those funds that you have s...
It's not uncommon for parents to disagree about the best course of treatment for their children's physical and mental health issues. Often, beliefs are based on how we were raised or our own experiences and those of people in our work and social circles. Married couples typically find a way to wo...
Divorce affects everyone in a family: You, your spouse, your children and even your pets. When it comes to raising a child after divorce, you and your spouse will have to decide on a child custody agreement. This may decide if you see your children on weekdays or weekends, for holidays and vacati...