Since April 6, 2020, New York courts in the Capital Region (the Third Judicial District of NY) have been operating according to a “Virtual Courtroom Protocol” described in our previous “COVID 19 Alert,” posted on our website on April 21, 2020. Following the Governor's current plan to reopen the e...
Albany Family Law Blog
Divorce and Family Law Blog
Joanne P. Monagan, Esq., Managing Attorney
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.
Working together to create a custody schedule
Going through a divorce or separation is always difficult, especially when minor children are involved. Children may feel like the divorce is their fault, or they may feel a sense of confusion and abandonment. Parents in New York should heed the advice of professionals to make the separation proc...
The requirements for divorce in New York
In New York, married couples who wish to file for divorce in the state must meet the residency regulations and a ground, or a legally valid reason, to get the divorce. If these requirements are not met, a former couple will not be able to file for divorce in the state of New York. There are sever...
An infant has different visitation considerations
New York parents with infant children have a challenge in deciding upon a visitation schedule that works. Of course, the best interests of the child are the most important factor, but both parents have a right to spend time with the infant. When it comes to a very young child, it may take some ti...
What to do when child support is unaffordable
Failing to pay child support can be a problem for some parents in New York and around the country. Only about 60% of the child support due in 2015 was paid. However, not making child support payments is not always deliberate. In some cases, parents may fall behind because they are unable to affor...
Can my spouse get half of my retirement benefits if I divorce?
When it comes to dividing assets in a divorce, some assets might be of particular concern. Your pension and 401(k) are significant financial assets that you probably want to hold onto in their entirety. However, these assets are marital property and must be divided during your divorce. New York i...
Do unmarried dads have custody rights?
It's one of the happiest days of your life: your child is born. All you want now is to move forward and be a great dad, but you've heard some horror stories. Maybe you're not in a relationship with the mother of your child and she doesn't want you in the picture. Maybe you break up and she tries ...
Cost-Benefit Analysis
A spouse must weigh the cost of divorce, the question arises, is it worth the price of paying attorneys and dividing up all the assets or should I just stick it out? Very often a person may come into my office for a consultation to determine, is it “worth” it to get divorced. People may tell me t...
Two Mothers, One Mother’s Day
I hadn't seen a case like this before. Two women were divorcing, and fighting over which parent would get custody of the children on Mother's Day. One parent was the biological mother; the other was the non-biological, but legal and psychological mother. Each one argued that the annual May holida...
Divorce Porn
Is it really in your best interest to post intimate photos of your ex—or of yourself? I've heard this question asked recently: “How can I get my ex to stop posting nude photos of themselves with their new love interest on social media? They are hurtful to me, and the children may eventually see t...
Back on the (Job) Market
If you've taken a break from your career to raise children, you should assess your prospects before the divorce is final. After settling her divorce with another law firm, a new client came to me with custody and support issues that arose afterward. Trained as a registered nurse, she had not work...
Roll With the Changes
Children grow up, their needs and schedules evolve – and custody arrangements should evolve accordingly In one family whose custody case I worked on, an elementary-school child grew up to be a middle-school child, and the parenting schedules in the original agreement didn't work any more. For one...