If you are a noncustodial parent who has regularly scheduled visitation with your child, you might be wondering what rules exist for overnight visitations. One common question people have is whether or not they are required to have a separate bedroom specifically for their child during these visitations, if overnight stays are to be allowed…. Read More »
There are a variety of factors courts will look at when determining which spouse in a divorce will have primary physical custody of the couple’s children. Courts want to create an arrangement that’s in the best interests of the children—that means placing them in a home with parents who are capable of fulfilling all their… Read More »
It is not uncommon during divorce cases for a spouse to seek an order of protection against the other spouse if there has been any physical abuse during the course of the relationship. But what happens if the spouse who is the subject of that order of protection is a police officer? How protective orders… Read More »
One of the most important steps you take early on in the divorce process is hiring your attorney. This can be an understandably difficult process — you have likely never hired an attorney before and may be feeling stressed out about the prospect of going through the divorce. Fortunately, a good lawyer will be right… Read More »
While the state of New York does now allow no-fault divorces, you can still also pursue a fault-based divorce if you wish. In such a scenario, it is your responsibility to prove the other spouse’s misconduct in the marriage caused its irretrievable breakdown. Common grounds for fault-based divorce include adultery, cruelty, substance abuse and insanity…. Read More »
For many, prenuptial agreements may seem like only something that celebrities choose to enter into to protect their wealth. However, prenuptial agreements offer concrete benefits to many couples, regardless of their financial status. The following are several reasons why couples opt to take this route: Gives you control: With a prenuptial agreement in place, you… Read More »
When a couple enters a divorce in New York, state law requires that all property and debts get divided in a way that’s fair to both parties. To determine what is fair (or equitable) when it comes to the legal distribution of property, the court takes several factors into consideration. With the help of attorneys,… Read More »
Unmarried parents who end a relationship may be faced with certain challenges that do not apply to married couples. If you are an unmarried father, it is important to know the rules surrounding child support and custody so that you can effectively protect your rights. When a child is born to unmarried parents, the state… Read More »
Minor children under the age of 18 years old are afforded certain rights to protect their best interests as they grow up. It is important that divorcing parents understand the legal rights of their children so that they can report any violations to their attorney or local authorities. The following are several key legal rights… Read More »
When a judge awards alimony to a former spouse, it is a legally enforceable court order that must be fulfilled. Despite this, it is all too common for individuals to fall behind on spousal support payments. If you stopped receiving alimony from your former spouse, you may need to take action to have the payments… Read More »