Author Archives: Bryan Salamone
Pros and Cons of the 2010 Changes to NY Divorce Law
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… Read More »
Mother Defies Law, Claims it is to Protect Children
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… Read More »
Same-Sex Marriages, Prenuptial Agreements, and Divorce Issues
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… Read More »
What Can You Expect During Mediation?
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… Read More »
Why Staying Together Is Not Always in a Family’s Best Interests
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… Read More »
When Is it Right to Seek Full Custody of the Kids?
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… Read More »
Parental Alienation
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… Read More »
Issues That Often Arise in High-Profile Divorce Cases
What do Jennifer Lopez, Kate Winslet, and Tiger Woods have in common? They all experienced the distress and pain of very high-profile, public divorces. While divorce is difficult for the average married couple, it is even more challenging for divorcing celebrities[CK1] . The public is naturally curious about celebrities and intrigued with every detail of… Read More »
I Am Responsible for Child Support and Just Lost My Job
What Should I Do? New York takes the enforcement of child support payments seriously and penalties for failing to pay are punitive. Details about New York child support[CK1] payments and enforcement are available at the Office of Temporary and Disability Assistance, Division of Child Support Enforcement website. Failing to make child support payments results in… Read More »
Preserving a Father’s Role
In decades past, a divorced man left behind his home, the better part of his paycheck, and the biggest part of his heart—his children. Times have changed somewhat. Increasing numbers of men today are interested in maintaining a stake in the life of their children after divorce. The importance of preserving the role of a… Read More »