Author Archives: Bryan Salamone
Is it Helpful if Your Lawyer is a Former Judge?
Question: Is it helpful if your lawyer is a former judge? Answer: No If your lawyer was an ex-judge that would sound like he has an “in” in the Court system. This is far from the truth. We have experience in these matters as we have done numerous trials against attorneys who were ex-judges. What… Read More »
How are Disability Benefits Divided in a Divorce?
Property division is generally one of the most contentious issues in divorce, and it doesn’t only regulate how real estate or household possessions are divided. Other financial awards, including disability benefits, are also considered to be marital assets, meaning they are also subject to the property division process. Disability benefits are typically paid to a… Read More »
Property Division Processes in New York Divorces
In the state of New York (as in most other states), all marital property is subject to equitable distribution during divorce proceedings. Marital property is defined as any type of property acquired during the marriage, not including any property acquired by gift or inheritance during that time period. Common examples of marital property include real… Read More »
The Termination of Parental Rights in New York
In some circumstances, parental rights can be terminated to provide full custody to one parent or guardian. This is a common issue in cases of adoption or in cases where one of the natural parents is clearly not in the picture. As such, there are several situations in which termination can occur, and it can… Read More »
Elements of Visitation Schedules for Non-Custodial Parents
Visitation to minor children is available in divorces for when one parent has sole custodial rights over the children. There are various state laws in place governing visitation, in terms of time, frequency and the types of visits allowed. Here are various elements of visitation plans that you will need to be familiar with if… Read More »
Same-Sex Marriage Breakup Leads to Unusual Custody Battle
New York passed the Marriage Equality Act in 2011, which allowed for the marriage of same-sex couples throughout the state. However, one couple soon found that there were some unusual circumstances surrounding child custody during New York same-sex divorces. Now one woman is left scrambling to figure out how to have access to her adopted… Read More »
Third-Party Child Custody Rights
In some situations, courts may grant custody to third parties like grandparents, close relatives or other close friends with whom he child is familiar. The last 20 years have seen a significant increase in the rights of non-parents who wish to seek visitation and custody rights of children that have divorced parents. Non-parental custodial rights… Read More »
How to Make the Divorce Process Easier on Yourself and Your Loved Ones
Divorce is becoming more and more common for people as they reach middle age. While divorce has obvious financial and logistical implications, there are plenty of emotional implications as well. Although it’s easy to slip into petty arguments and insults, in the long run it’s much better to take the high road and remain mature… Read More »
Tips for Dividing Valuable Art During a Divorce
How should you go about dividing pieces of art during a divorce? It’s an issue that’s not often talked about, but is fairly common in divorces of couples that own large estates. In fact, some experts say that it can take longer to divide up paintings or sculptures than houses, cars or money. There are… Read More »
Study Indicates Children of Wealthier Parents More Affected By Divorce
A new study by Georgetown University researchers published in the journal Child Development indicates that children with wealthier parents are generally more impacted by divorce than children with poorer parents. The research suggests that wealthier children will have greater benefits from being part of stepfamilies, but will be more likely to have behavioral problems. The… Read More »