In October 2010, no-fault divorce became an option for New York couples seeking divorce. As a result, a Judgment of Divorce can be granted if one party states under oath that the marriage is irretrievably broken down and that both parties reached agreement with respect to child support, spousal support, and other divorce issues. The new no-fault divorce law [CK1]…
In a case that has galvanized attention in Nassau County, Long Island mother Amy Margolis plans to defy a court order by refusing to allow visitation by her children to their father’s home, citing an allegedly violent encounter between her soon-to-be-ex-husband and his live-in fiancée. She is insisting that the children will not visit their father or stay in his…
In June 2011, New York Governor Andrew M. Cuomo signed a bill allowing same-sex marriage[CK1] in New York. With this new law, many gay couples are enthusiastic about having a right previously reserved for straight couples. But while they now have the advantages of marriage, such as joint property and spousal rights, they also face the challenges of marriage, including…
The primary benefit you can expect from mediation is that the cost of your divorce will be lower than if you choose the traditional litigation route. When divorcing couples choose mediation[CK1], they can freely discuss difficult, financial issues, such as child custody and spousal support, without fear that what they say will ever be used against them in court. You…
Rather than face their fears, many unhappily married people justify staying trapped in a dysfunctional situation. They let fears about money, the children, and changing the family dynamic paralyze them into inaction. But there can also be costs to staying put, such as the following: Marital bickering and fighting creates a tense atmosphere affecting the whole household A miserable marital…
While New York Family Courts consider many factors when making a determination about child custody, the ultimate decision rests on what is in the best interests of the child. Ideally, both parents are awarded joint or shared child custody [CK1] so they can play an active role in important activities, milestones, and decisions in the lives of their children. However,…
Divorce often leaves ex-spouses bitter and angry at each other. But if there are dependents under 18, divorce also leaves ex-spouses in a position where they must coparent their children. This spirit of cooperation is especially critical when parents must share custody or respect the visitation rights of the other parent. But sometimes one parent cannot control his or her…